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HomeMy WebLinkAboutMINUTES-2007-09-24-2007CITY COUNCIL ROLL CALL — PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: PRESIDING: voF EV,��o * September 24, 2007 04 Alderman Rainey Alderman Bernstein Alderman Wollin Alderman Holmes Alderman Jean -Baptiste Alderman Moran Alderman Wynne Alderman Tisdahl Alderman Hansen Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, September 24, 2007, at 8:43 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton Proclaimed October 2007 "National Disability Employment Awareness Month," Mayor Morton announced throughout October, Evanston will participate in the U.S. Conference of Mayors' aluminum beverage can recycling challenge and invited residents and businesses to join. Cities compete according to population and the one that collects the most cans (by weight) wins a cash prize (up to $10,000) to enhance its recycling program. Keep Evanston Beautifiil, Inc. and the City are co -sponsoring Evanston CAN Recycle Month. Residents who do not have curbside recycling can drop off their aluminum beverage cans at the Recycling Center, 2222 Oakton St.: Fridays, noon- 7:00 p.m.; Saturdays and Sundays, 8:30 a.m.-5:00 p.m. Mayor Morton is often asked how many Section 8 Certificate holders are in Evanston. She reported the largest number in suburban Cook County is Calumet City with 955. Evanston has 649, Skokie 455, Wilmette 12 and Winnetka 1. CITY MANAGER ANNOUNCEMENTS: City Manager Julia Carroll introduced Joellen Daley, the City's new Human Resources Director. Public Works Director David Jennings introduced Lonnie Jeschke, the new Fleet Services Manager. Parks/Forestry & Recreation Director Doug Gaynor invited everyone to the first -ever Evanston Green Living Festival, Saturday, October 6, from 9:00 a.m.-3:00 p.m., at the Ecology Center, 2024 McCormick Blvd. Presentation: 2007 Comprehensive Annual Financial Report (CAFR) Finance Department Robert Horstman, a partner with Virchow Krause & Company, the City's auditor, explained the report is for the year ending February 28, 2007. He directed Council to the section, Management's Discussion and Analysis, prepared by the administration and designed to give an overview at a high level. He pointed out a few highlights. The City's net assets increased by $13.7 million and were concentrated on two activities. Governmental funds increased by a little over $5 million and business activity funds, which are operations similar to businesses; water, sewer, the Sherman garage and other parking facilities, increased by S8 million. The City increased some debt during the year but it was used to finance other issues at a lower interest rate. Looking at the entire year, from the viewpoint of an analyst examining, a financial statement, one would see a strong position. Assets are increasing and liabilities decreasing from the previous year. Therefore, net assets, which are similar to net equity, are increasing. Overall, he described the report as "very positive." Two funds ended the year with deficits. One was internal services and the other was the Sherman Garage. The Finance Department is aware of those two and is dealing with them. Virchow Krause sees positive results for the City as a whole. z 2 September 24, 2007 Public Hearing: Real Estate Transfer Tax Referendum Timothv Schoolmaster. 1454 Elmwood Ave., president, Police Pension Fund and long-term Board of Trustees member, commented as a private citizen; he favored placing a referendum question to increase the real estate transfer tax on the February 5, 2008 ballot with the increased revenue earmarked for Police and Fire Pension Funds. He had mixed emotions about this as people already pay high taxes and don't need additional ones. However, current reality indicates otherwise. Recent studies of the Police and Fire Pension Funds show there is a large hole in which taxpayers are required to shovel in large amounts of money to pay the benefits and the hole is much larger than previously thought. It may require tens of millions of dollars to fill. These funds are not discretionary but there is some latitude in the manner in which the hole is filled. According to Illinois statutes, pensions are to be paid for by the property tax but monies from other sources are not prohibited. He recognized that the City Manager, Finance Director and their team were working diligently on a solution that could involve a sizable increase in the property tax, bonding, and service cuts or a combination of all three. Passage of the transfer tax increase could be an option to keep the prior numbers lower. For the past 37 years, predecessor Councils have refused to raise `taxes, cut services, or issue bonds to achieve proper pension funding levels. They may have used one or the other of these to balance the budget but pension funds were always cut short. It is now time to start paying for services rendered and this Council's turn to deal with it. Evanston has always demanded superior police and fire services and has received them. This transfer tax increase is the first concrete proposal since about 1970 that has been drafted with the intention of paying down the pension debt. It could give another option if they go the route of raising taxes only. The Gabriel Roeder Smith report suggested an additional $3.3 million, would at minimum, be a tax increase of 10% next year. The anticipated $800,000 from the real estate transfer tax would cut that by nearly a quarter for several years to give some breathing room. This referendum, if successful, won't solve the problem. It may buy some time until Council can get the City's financial house in order and may be rendered unnecessary in the future when other funding solutions are adopted. He asked Council to consider this solid option. Junad Rizki. 2767 Ridge Ave., addressed the referendum question. He stated that Council members appear to be dealing with a minor piece of funding. It appears that the City will need to raise taxes of several million dollars for the next 23 years. That is a 10% tax increase on top of the usual 4-6% tax increase the City gets. Will taxpayers here be able to absorb such large tax increases in the foreseeable future? He was not against the referendum but Council members need to inform taxpayers as to what is really going on. Last year this was put aside during budget discussions and left to be dealt with the next year. The average citizen does not know what is about to happen. When they find out, they won't be too happy. Council needs to meet on the other option -- downsizing the City government, which they will have to do unless they want large tax increases. He has attended many of these meetings and did not think much was accomplished as far as making good decisions. There is a lot of politics to these decisions and a lot here that is not needed. Obviously, these are pet projects of public officials. Taxpayers don't want tax increases of 12-15% annually for the next 23 years. Gerald Gordon. 1228 Lake St., spoke about the proposed referendum to raise the transfer tax; stated that public safety pensions are the obligation of all taxpayers in the community. It is neither fair, nor appropriate to put an additional burden on people who leave town. Not long ago there was a referendum to increase the real estate transfer tax for another reason. His impression is that the real estate transfer tax is burning a hole in Council's pocket and they are trying every way they can to increase it. He strongly opposed the referendum. At 9:07 p.m. Mayor Morton declared the public hearing on the referendum ended. CITIZEN COMMENT: Junad Rizki. 2767 Ridge Ave., spoke about Ordinance 52-0-07, nuisance premises. As he read the ordinance, the City is addressing landlords and throwing the responsibility to landlords to rent these properties to people. Landlords are made responsible if people move in and cause trouble. He suggested the City should be qualifying tenants to move into these buildings. The City may or may not have this authority, but landlords should be able to find out about tenants and if they have criminal backgrounds. This may not be possible legally. When his daughter went to Mexico, she had to go to the Evanston Police Department and get a statement that she had no criminal record to get a visa. It seems the City is doing something about this and checking people's backgrounds for other reasons. If they are not going to deal with the problem of people dealing drugs in these buildings, going after the landlords is not the solution. The issue is the people moving into these buildings. He recommended the City take a look and give landlord's the option not to rent to people. 3 3 September 24, 2007 Gerald Gordon. 1228 Lake St., spoke about the City's response to his pension presentation on September 10. He noted it states in part, "The actuarial standards of practice allow a range of actuarial assumptions and methods. Two actuaries may have different opinions of what constitutes the "best" recommendation. Two different actuaries may produce valid results that lie at different points in the range of reasonableness." He stated that those statements addressed exactly what he was trying to get at when he spoke — that Gabriel Roeder's results may not be the only valid results within the "range of reasonableness." In his presentation he asked if the prior City's actuary's number could be adjusted to a more current date than March 1, 2006. That adjustment was not included, so he calculated himself what those numbers would be. He noted in the 2007 CAFR that the unfunded actuarial assumptions liability (UAAL) in each fund, Firefighters Fund UAAL at $43,759,643 and Police Fund UAAL at $54,048,027 generated by the prior actuary, were increasing about $34 million annually. Adding $3.5 million to the UAAL as of March 1, 2006 would bring them to a more comparable time frame to Gabriel Roeder's numbers. Based upon the adjusted numbers, he estimated the UAAL as of March 1, 2007 in the Fire Fund would be about $47,250,000 and the Police Fund would be about $57,500,000. Those numbers are considerably less than Gabriel Roeder's $63 million for the Fire Fund and $78 million for the Police Fund. The prior actuary's updated numbers are about'/3 smaller than Gabriel Roeder's in the Fire Fund and about 35% smaller in the Police Fund. Mr. Gordon believed that Gabriel Roeder's numbers, which would create a much greater liability for taxpayers, are at the upper extreme of "the range of reasonableness." He found too much disparity between the prior City actuary's numbers and Gabriel Roeder's, and insofar as "two different actuaries may produce valid results that lie at different points in the range of reasonableness," these differences are too large for Council to let them go unchallenged. He strongly urged Council to investigate this further. Frances Seidman. 600-E South Blvd., invited the community to the Evanston Public Library book sale from Thursday through Sunday. She was gratified to hear the positive comments made about the library at the last meeting. She spends a fair amount of time there as a book sale volunteer with a group that works year round to plan the book sale, shelving, pricing, and sorting books. The sale raises a lot of money that goes into the Library Fund. She reported that the books are better than ever this year; prices are very reasonable and she urged all to come. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Ordinance 84-0-07 — Special Use for 2428 Main St. Seconded by Alderman Rainey. Roll call. Voting aye — Rainey, Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl. Voting nay — none. Motion carried (9-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Special City Council Meeting of September 5, 2007 and the Regular City Council Meeting of September 10, 2007. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, City of Evanston payroll for the period ending September 7, 2007 and City of Evanston bills through September 25, 2007, authorized and charged to the proper accounts: City of Evanston payroll (through 09/07/07) $2,244,403.10 City of Evanston bills (through 09/25/07) $4,034,340.74 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsible and responsive bid for the 2007 CIPP Spot Line Sewer Rehabilitation Contract (Bid #08-51) from National Power Rodding Corporation (2500 W Arthington St., Chicago) in the amount of S72,501.50. Funding provided by the Sewer Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) 4 September 24, 2007 * Approval of purchase of 325 trees from the Suburban Tree Consortium (STC), West Central Municipal Conference (1127 Manheim Rd., Westchester, IL) in the amount of $68,885. Approval of the additional purchase for the contractual planting of 100 trees through STC in the amount of $8,800 for a total expenditure (trees and planting) of $77,685. Funding provided from the Parks/Forestry Operating Budget. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Consideration of a recommendation from the Public Works Department to transfer $60,000 from the Capital Improvement Program Viaduct Screening Account to the Garbage Cart Replacement Account to fund the purchase of 900 garbage carts. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Change Orders # 1 and #2 for Chicagoland Paving Contractors, Inc. (225 Telser Rd., Lake Zurich, IL), for Bid #08-37 — FY 07-08 Tennis and Basketball Court Improvements. Change Order # 1 is for the removal of concealed fly ash sub -base and installation of additional stone base and Change Order #2 is for the elimination of benches from the contract. No additional funding is required. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 48-R-07—Almointine Joellen Dalev. Director of Human Resources as the Citv's Authorized Aeent for the Illinois Municipal Retirement Fund, — Consideration of proposed Resolution 48-R-07, which appoints Joellen Daley, Director of Human Resources, to act as the City of Evanston's authorized agent for the Illinois Municipal Retirement Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 49-R-07 — Assumes Responsibility for Temporary Closine of Sheridan Rd. for the Northwestern Universitv Homecomine Parade — Consideration of proposed Resolution 49-R-07, by which the City would accept liability for the temporary closing of Sheridan Road for the Annual Northwestern University Homecoming Parade on Friday, October 12, 2007. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 50-R-07 — Allows Illinois Municipal Retirement Fund Service Credit for Military Service - Consideration of proposed Resolution 50-R-07, which allows Illinois Municipal Retirement Fund (IMRF) credit for military service; increasing the current credit an eligible employee may purchase from two years to a maximum of four years. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 51-R-07 — Renewal of Easement Aereement with MWRD for the Citv Storm Svstem— Consideration of proposed Resolution 51-R-07, by which City Council would authorize the City Manager to execute a 25-year easement agreement with the Metropolitan Water Reclamation District of Greater Chicago ("MWRD") for continued use of a strip of MWRD land along and under the east side of the North Shore Channel at Cleveland St., extended, in Skokie for a 60-inch diameter storm sewer system and outfall to serve the southeast quadrant of the City of Evanston. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 89-0-07 — Proposed Chance in Parkine Meter Zone to Allow Ovemin-ht Parkine in Citv Lot #47 — Consideration of proposed Ordinance 89-0-07, which would change the Parking Meter Zone section to allow overnight parking in City Lot #47 at 1000 Grove St. (YMCA south lot). MARKED INTRODUCED — CONSENT AGENDA * Ordinance 79-0-07 — Increase Number of Class U Liauor Licenses, — Consideration of proposed Ordinance 79-0-07, introduced September 10, 2007, by which City Council would amend Section 3-5- 6(U) of the City Code to increase the number of Class U liquor licenses from 1 to 2 for Three Crowns Park (2323 McDaniel Ave., Evanston). BASSET training was completed on August 31, 2007. ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) a 5 September 24, 2007 * Ordinance 87-0-07 — Amends Various Sections of Citv Code for Beach Hours — Consideration of proposed Ordinance 87-0-07, introduced September 10, 2007, which amends Section 7-11-4 of the City Code, "Beach Hours," to clarify hours of operation for all City beaches. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) Alderman Rainey reported that the committee would like to hear directly from the Police Pension Fund and the Firefighter's Pension Fund at a Special City Council meeting on October 15, starting at 6:00 p.m. with presentations from 6:00 p.m. to 7:00 p.m. PLANNING & DEVELOPMENT: * Ordinance 78-0-07 — Amends Section 4-2-2 of the Citv Code to Prohibit Windowless SleeDine Rooms in New Construction — Consideration of proposed Ordinance 78-0-07, which would amend Section 4-2-2 of the City Code, from a reference from Alderman Wynne to eliminate windowless habitable spaces in new construction. * MARKED INTRODUCED — CONSENT AGENDA * 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 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. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 91-0-07 - Extends the Moratorium for New Construction on Green Bav Rd. from Isabella to Lincoln for 120 Days = Consideration of a request from Alderman Tisdahl to extend the moratorium on new construction on Green Bay Rd. for another 120 days. The current moratorium, Ordinance 34- 0-07, will expire October 12, 2007. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 85-0-07 — Special Use Reauest— 2434 Main Street - Consideration of recommendation from the Zoning Board of Appeals, introduced September 10, 2007, to approve a special use request for the property at 2434 Main St. to establish a Type 2 restaurant (Wingstop). * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) HUMAN SERVICES COMMITTEE: * ApDroval of August 2007 Townshin Monthly Bills — Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of August 2007 in the amount of $104,143.12. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 52-0-07 — Amends the Nuisance Premise Section of the Citv Code — Consideration of Ordinance 52-0-07, whereby the City Council would amend Section 9-5-4 of the CityCode to add violations enforceable under the City's Nuisance Premise Ordinance and clarify the standards for ordinance enforcement. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 81-0-07 — Amends the Indoor Clean Air Ordinance — Consideration of Ordinance 81-0- 07, whereby the City Council would amend Section 8-21-3 of the City Code to reflect recently enacted State of Illinois indoor clean air legislation. * MARKED INTRODUCED — CONSENT AGENDA OTHER COMMITTEES: * Resolution 39-R-07 - Real Estate Transfer Tax Referendum Ouestion — Consideration of Resolution 39-R-07, which instructs the City Clerk to submit for the February 5, 2008 ballot, a referendum for a Proposal to Increase the Real Estate Transfer Tax with additional revenue dedicated to the Evanston Police and Firefighters Pension Funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) 6 September 24, 2007 APPOINTMENTS: Mayor Morton asked that the following appointment be confirmed: Charles R. Staley Plan Commission 2206 Lincoln St. For term ending September 30, 2010 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES PLANNING & DEVELOPMENT: Ordinance 84-0-07 — Special Use Reauest — 2428 Main Street — Consideration of a recommendation from the Zoning Board of Appeals to approve a special use for the property at 2428 Main St. to establish a Type 2 restaurant (Sarpino's Pizza). Alderman Hansen moved to amend Ordinance 84-0-07, Section 3, E., Hours of Operation, to read: "The applicant shall not accept orders for carryout food and or beverages, after 11:00 p.m. on any nights. Every night the applicant must de- activate any illuminated signage on the premises at 11:00 p.m. until the restaurant opens the next morning. The applicant may provide delivery service until 2:00 a.m. Six months after the effective date of this ordinance, the applicant may directly appeal to the City Council through the Planning and Development Committee for an amendment to this condition to allow for later nightly.hours of operation, specifically, to allow carryout orders and illuminated signage until 12:00 midnight and to provide deliveries until 3:00 a.m." Seconded by Alderman Jean -Baptiste. Alderman Hansen moved approval of Ordinance 84-0-07 as amended. The motion was seconded. Roll call. Voting aye — Rainey, Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl. Voting nay — none. Motion carried (9-0). TABLED ITEMS: Ordinance 45-0-07 — Planned Development Reauest for 1890 Maple Avenue — Consideration of a Plan Commission recommendation, introduced May 29, 2007, to approve a planned development request for the property at 1890 Maple Ave. as a mixed -use commercial and multi -family residential project. Tabled at the Citv Council meeting of Julv 9. 2007. Alderman Jean -Baptiste moved to remove Ordinance 45-0-07 from the Table. Seconded by Alderman Holmes. Motion carried unanimouslv. Alderman Wollin recalled, when this project was introduced, she had concerns and tried to address those with the architect and developer. The architectural drawings showed a difference in the dimensions of 1881 Oak and 1890 Maple along Emerson Street. She met with Mr. Fitzgerald, the architect, who assured her that the two buildings would be flush and have the same setback where they meet on Emerson. She believed the setbacks on the upper levels, where the residential section begins, are the kind of form -based zoning that was discussed at the downtown charrette. The overall architectural design is attractive and workable, especially to neighbors to the south. Her second concern was the developer's efforts to attract a quality grocery store, the main user of the 15,000 sq. ft. first floor, which he has worked on since May. Although there was no commitment, it made her realize what an advantage it would be to have a quality grocery at this location. This project is a block from a number of multi -family units and a large senior housing building. For many seniors, especially those without cars, a grocery within walking distance would be a real asset. She approached the developer about a firmer commitment to find a quality grocer for this space. All agreed it would require some effort to achieve that. 7 7 September 24, 2007 Alderman Wollin moved to amend the language to the original planned development, Section 8, with the following wording: "The applicant, for a nine (9)-month period from the date of the Ordinance, shall use all commercially reasonable efforts to locate an appropriate grocery/food store tenant for the first floor retail space of the Project (the "First Floor Space"). On a monthly basis, commencing on the date of this Ordinance, the Applicant shall provide the City Manager with a written summary of its efforts to locate and secure a grocery/food store user for the First Floor Space. In the event the Applicant is not able to lease the First Floor Space to a grocery/food store user by the expiration of such nine (9)-month period, the Applicant shall (i) continue to provide the City with monthly updates summarizing the Applicant's efforts to find an end user(s) for the First Floor Space; and (ii) be permitted to lease the First Floor Space to any other commercial, office or retail tenant permitted by the applicable terms of the Zoning Ordinance; provided however, without the City's prior consent, for a period of ten (10) years commencing on the date of this Ordinance, no portion of the First Floor Space shall be occupied by a Convenience Store as such term is defined in the Zoning Ordinance in effect as of the date hereof." Seconded by Alderman Rainey. Alderman Wynne asked if any research was done on the likelihood of a grocery store being interested in this space. Grocery stores operate with razor -thin margins and need parking. She questioned the viability of this. Alderman Moran moved to hold the matter over. Seconded by Alderman Wynne. Alderman Rainey moved override the holdover. Seconded by Alderman Jean -Baptiste. Alderman Rainey explained she has been involved in a two-year campaign to bring a grocer to south Evanston. She found that, although Trader Joe's was interested in the Asbury location, one individual vetoed that location. In all her research, she had never heard of Trader Joe's giving a letter with the "intent to commit." In this case the developer has a letter from Trader Joe's, which she was sure would expire by the time this was approved, and how stupid she was not to recognize that this is an ideal location for a grocery store. Since staff, Alderman Hansen and herself started looking for a grocery for the Asbury location, they have found many grocers that are interested in coming to Evanston that are not chain stores. This location has nearby senior citizen buildings, various residential properties all over the downtown and is an almost perfect location. She stated that, given Alderman Woliin did not support this development initially; her leadership to bring it to this point should be lauded and showed courage. Alderman Rainey called the question. The Mayor did not recognize Alderman Moran's motion. It takes six votes to override a holder. Alderman Rainey withdrew the call of the question. Alderman Wynne was not part of any discussion and had never seen a letter of intent from Trader Joe's. Several spoke up saying the letter of intent was in their packets. Some did not. She found it confusing; noted there have been many efforts to get Trader Joe's to come to Evanston and they have not come; questioned holding that out as getting Trader Joe's here. Alderman Jean -Baptiste noted that even if Trader Joe's came in, Alderman Wynne indicated she would not vote for this project; claimed opponents of the project are acting in bad faith. He saw the letter of intent. This development is bringing rental housing to the community. Opponents of the project have not been involved in discussion of it. Those who wanted certain benefits have worked to get those benefits. Alderman Bernstein noted there is no mention of Trader Joe's in the amendment, only a good faith effort to find a grocery store for that space. He voted for this project without a grocery store and if they got one, it would be a good amenity for the community. Alderman Hansen gave credit to Alderman W ollin for the amendment. She recalled the letter from Trader Joe's was just a letter, not a legal commitment. As previously stated, the City has tried to get Trader Joe's to come to Evanston at several locations and they would not come. They are asking for a commitment for a building that is not even built in downtown. She would not count on Trader Joe's coming. It's true there are grocers that want to come but she did not think it would happen at this location because parking is a huge issue. This amendment does not change her reasoning for not voting for this project. The downtown plan is not finished. This cheats people in the community out of the plan that will come in October or November. 8 September 24, 2007 Alderman Tisdahl congratulated Alderman Wollin for her work on this; supported the project because a lot of rental housing has been lost to condominium development. Evanston has always had a diverse stock of housing. Alderman Holmes advised colleagues to look back to their July packet for a letter about a grocery store. They are not banking on Trader Joe's. A grocery is needed and meets the criteria they have talked about. She hoped they were not using a different standard than used for other developments; urged them to reconsider what it will do. Alderman Moran said when the standard was set, it was set by the Plan Commission and was a plan for this specific corridor. It was to be a transitional area and buildings were to be approximately eight stories. It was consistent with what Council had discussed frequently for the central business district. Alderman Wollin had concerns about the height of this project. That has not changed. The height busts out completely what would be appropriate for this area. He was trying to stick to the policy direction that was in place, which is now being thrown out by this project by suggesting that it is being held to a different standard. There was a standard that has not been followed. This was shown as a tabled item and there was no advance notice that this would be on for a vote that evening. He had not seen the amendment until a few minutes ago. He was glad they were not banking on Trader Joe's, because it is clear they cannot. Alderman Wollin is now converted to this project because there might be a grocery store. This says the developer will send a letter monthly to tell how it is doing. Nothing has changed. Alderman Wynne still opposed the project because the 1881 Oak building is much too large. They were in the process of updating the downtown plan and the Plan Commission recommended against it. They deemed this area as a transition zone, not to be higher than eight stories. She opposed the project due to mass, density, size and inappropriate height in a transition zone. When this building came up, she objected to the massing. Staff recommended it reluctantly because of 1881 Oak. That was not a good planning reason to support this. Just because Council had overridden the Plan Commission and Downtown Plan Committee and approved 1881 Oak, did not mean Council should have gone forward and approved this project. She pointed out that they are still in the fast moving, not yet completed planning process. People in the community are concerned about buildings that appear without seeming to connect with the rest of the community. That is an excellent reason to withhold a vote and, once again, citizens will ask who is steering this. Alderman Baptiste called the question. Roll call on the amendment. Voting aye — Rainey, Wollin, Jean -Baptiste, Bernstein, Holmes, Tisdahl. Voting nay — Hansen, Wynne, Moran. Motion carried (6-3). Alderman Jean -Baptiste moved approval of Ordinance 45-0-07 as amended. Seconded by Alderman Bernstein. Roll call. Voting aye — Rainey, Wollin, Jean -Baptiste, Bernstein, Holmes, Tisdahl. Voting nay —Hansen, Wynne, Moran. Motion carried (6-3). CALL OF THE WARDS: I s' Ward. Alderman Wollin thanked Northwestern University, which hosted a successful neighborhood picnic recently at Fireman's Park for returning students and neighbors. She announced that arts funding has been cut by 30% in Illinois; invited all to First Night's Fabulous Fall Fling, a fund- raiser on Sunday, September 30, from 3:00 p.m. to 5:00 p.m. at the Music Institute of Chicago. 3d Ward. Alderman Wynne announced that Sally Schwarzlose, beloved librarian at South Branch, is retiring. She invited all to a party for her on Friday, September 28 at the South Branch from 3:00 p.m. to 5:00 p.m. 4`h Ward. Alderman Bernstein recalled that her husband Dick Schwarzlose, was a phenomenal professor at NU. He announced a Civic Center Committee meeting the next evening at 6:00 p.m. in Room 2200. I 9 September 24, 2007 Alderman Bernstein recalled that the 1890 Maple project was passed and voted on by the Plan Commission well in advance of the downtown plan. Mr. Lakota stood at the platform with his form zoning and, it was as if he was reading from this architect's plan. For those who wanted citizens to be involved with this and the downtown plan, the planners from the downtown plan approved this project. He noted if an alderman voted to allow the three properties to be excluded from the downtown plan and the moratorium, they were somewhat disingenuous by voting to preclude a property that has already been through the process. 51h Ward. Alderman Holmes invited all to the African -American Health Ministries Spiritual Walk for Abundant Health this Saturday beginning at 7:30 a.m. at First Church of God, then moving to Fleetwood-Jourdain Community Center for Churches of the North Shore Healthy Cook -out Competition. 61e Ward. Alderman Moran stated that the Plan Commission voted unanimously against 1881 Oak (companion project to 1890 Maple project). In reference to a decision by the Plan Commission, according to the transcript, the Plan Commission voted for the 1890 Maple project because they thought it was what Council wanted. He attends the library sale every year and urged everybody to take advantage of good books at low prices. 71h Ward. Alderman Tisdahl invited all to the 7`s Ward meeting on October 25`h at the Ecology Center. Carolyn Collopy will discuss sustainability and the referendum will be on the agenda. At 10:28 p.m. Alderman Bernstein moved that Council convene into a Executive Session to discuss real estate, litigation and closed session minutes pursuant to 5 Illinois Compiled Statutes 120/2 ( c) (5), (11) and (21) as follows: 2. All meetings of public bodies shall be public meetings except for the following (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (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 unde.- 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 Holmes. Roll call. Voting aye — Rainey, Hansen, Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl. Voting nay — none. Motion carried (9-0). There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 10:59 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. ri