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HomeMy WebLinkAboutMINUTES-2007-05-29-2007EI/ OF EV U CITY COUNCIL * * May 29, 2007 NCO ROLL CALL — PRESENT: Alderman Wollin Alderman Holmes Alderman Jean -Baptiste Alderman Moran Alderman Wynne Alderman Tisdahl A Quorum was present. Alderman Bernstein Alderman Rainey Alderman Hansen ABSENT: None PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, May 29, 2007, at 9:10 p.m. in the Council Chamber. MAYORAL ANNOUNCEMENTS: Mayor Morton announced a Special City Council Meeting with the Plan Commission on Thursday, June 7, 2007, at 7:00 p.m. to discuss the downtown plan. Public Hearing: Evanston Township Budget There was no public comment. At 9:13 p.m. Mayor Morton declared the hearing closed. CITIZEN COMMENT: Tina Paden, 1122 Emerson St., spoke about the 1890 Maple project; noted the developer now will make a contribution of $50,000 and originally was to contribute $150,000. After Plan Commission gave their findings and approved this, the developer said he would not contribute the $150,000. Traffic signals alone will cost $1.5 million. The developer is asking for a two year extension and it is almost a year since Council gave him approval for 1881 Oak. At the P&D Committee, he was asked not to delay the project. She encouraged the developer to cut the weeds at 1881 Oak and encouraged Council to make a plan for Emerson Street, the Research Park and downtown. Her family has been here since 1863. Allan Drebin, 2018 Orrington Ave. said a year ago he noticed streetlights were on along Sheridan Rd. between South Blvd. and Howard St. Since then anytime he has driven by there, the streetlights are on and he did not understand why. Yesterday he drove down Lincoln St. and the lights were on between Ridge and Sheridan. Perhaps it is a new policy. It contributes to global warming, wastes money and is not a good practice. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with these exceptions: Ordinance 47-0-07 — Increase in Number of Class D Liquor Licenses — Nine Fish Restaurant; Ordinance 45-0-07 — Planned Development Request for 1890 Maple Ave.; Resolution 22-R-07 — Establish Guidelines for Management/Use of Funds from the Affordable Housing Fund; and Ordinance 41-0-07 — Annual Township Budget. Seconded by Alderman Wynne. Roll call. Voting aye — Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen. Voting nay — none. Motion carried (9-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of May 14, 2007. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) q0 2 May 29, 2007 ADMINISTRATION & PUBLIC WORKS: Approval, as recommended, of City of Evanston payroll for the period May 17, 2007 and City of Evanston bills through May 30, 2007, authorized and charged to the proper accounts: City of Evanston payroll (through 05/17/07) $2,280,963.28 City of Evanston bills (through 05/30/07) $4,329,259.11 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from En Pointe Technologies (2381 Rosecrans Ave., El Segundo, CA) in the amount of $24,924.75; Dell Marketing (One Dell Way, MS RR8-06, Round Rock, TX) in the amount of $40,650.40 and Netrix, LLC (2801 Lakeside Dr., Bannockburn, IL) in the amount of $35,968.40 for a total amount of $101,543.55 to support the Accela Enterprise upgrade implementation for the Community Development Department. Funding provided by CIP Information Technology Replacement and IT Strategic Planning Application Funds. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Lunch -At -Hand (19450 97 h Ave., Mokena, IL) in the amount not to exceed $105,472.25 for the 2007 Summer Food Service Program. Funding provided by a federal government reimbursement program (about 90%) with the balance from the General Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of a four-year contract for auditing services to Virchow Krause & Company (225 N. Michigan Ave., Chicago) as the auditors for the City of Evanston in the amount of $67,900 for fiscal year 2006-07. Total contract cost for fiscal years 2006-07 through 2009-10 is $298,900. Funding provided by the General Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of a contract for the demolition and reconstruction of Fire Station No. 5 to the low bidder, Central Lakes Construction Company (749 Pinecrest Dr., Prospect Heights, IL) in the amount of $4,578,000. Funded by the CIP. APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Change Order No. 4 to the contract with Jay Dee Contractors, Inc. (38881 Schoolcraft Rd., Livonia, MI) to provide additional services during construction of the Basin S82B Contract I Relief Sewer Project. This change order will increase the contract price by $127,436, from $10,267,403 to $10,394,839. Funding provided by the Sewer Relief Fund. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 25-R-07 — Assumes Responsibility for Temnorary Closure of Sheridan Road for the 8`h Annual Rickv Bvrdsone Memorial 5K Race Against Hate — Consideration of proposed Resolution 25- R-07, which assumes responsibility for the temporary closure of a portion of Sheridan Rd., from Lincoln St. to Dempster St., and the added closure of Forest Ave., from Sheridan Rd. to Greenwood St., for the 8 h Annual Ricky Byrdsong Memorial 5K Race Against Hate on Sunday, June 24, 2007. Cost not to exceed $5,000 for Police and Evanston Transportation Division staff and is reimbursable. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 48-0-07 — Increase the Number of Class B Liauor Licenses — Consideration of proposed Ordinance 48-0-07, introduced May 14, 2007, which amends Section 3-5-6(B) of the City Code to increase the number of Class B liquor licenses from 16-17 due to the opening of Blu, 1710 Orrington Ave. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 49-0-07 — Increase the Number of Class D Liauor Licenses — Consideration of proposed Ordinance 49-0-07, introduced May 14, 2007, which amends Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 24 to 25 due to the opening of Tacos del Lago, 822 Clark St. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) Y/ 0 3 ° 4 „ May 29, 2007 * Ordinance 55-0-07 — Authorizes the Sale of Citv-Owned Surolus Personal Pronertv — Consideration of proposed Ordinance 55-0-07, introduced May 14, 2007, which authorizes the sale of City -owned personal property at the Lake County Division of Transportation Auction on June 2, 2007, at 600 W. Winchester, Libertyville. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Ordinance 57-0-07 — Moratorium on New Buildine Construction in the Downtown Area for 180 Days — Consideration of a request from Alderman Holmes to impose a moratorium on new construction in the downtown area for 180 days, expiring November 25, 2007. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 51-0-07 — Amends the 2003 International Buildine Code. "Weeds and Grass" — Consideration of proposed Ordinance 51-0-07, which would approve a staff recommendation to allow the City or its agents to cut weeds and remove debris from vacant lots and lots with vacant structures and impose liens for the cost. * MARKED INTRODUCED — CONSENT AGENDA Alderman Tisdahl moved to Suspend the Rules to adopt an ordinance at the same meeting at which it was introduced. The motion was seconded. Motion carried unanimously. Alderman Tisdahl moved approval of Ordinance 51-0-07. The motion was seconded. Roll call. Voting aye — Wollin, Jean -Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen. Voting nay — none. Motion carried (9-0). * Ordinance 50-0-07 — Amends the City Code and Creates a New Chanter 16 (in Title 9). "Carbon Monoxide Alarm Ordinance — Consideration of proposed Ordinance 50-0-07, which would approve a staff recommendation that every dwelling unit shall be equipped with at least one approved carbon monoxide alarm in an operating condition within 15 feet of every room used for sleeping purposes. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 40-0-07 — Rename and Amend Title 4. Chanter 22 "Affordable Housing Demolition Tax and Affordable Housine Tax Fund" and Transfer Balance of the Mavor's Special Housine Fund into the Newlv Renamed Affordable Housine Fund — Consideration of proposed Ordinance 40-0-07, introduced May 14, 2007, which, based on a recommendation from the Housing Commission, transfers the balance of the Mayor's Special Housing Fund into the newly renamed Affordable Housing Fund. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 54-0-07 - Snecial Use Reauest for 1613-1615 Benson Ave., - Consideration of a Zoning Board of Appeals recommendation, introduced May 14, 2007, for approval of a Special Use request to establish a Type 2 restaurant (smoothie bar within the existing General Nutrition Center, 1613-1615 Benson Ave.). * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 56-0-07 — Snecial Use Reauest for 1245 Chicaeo Ave., — Consideration of a Zoning Board of Appeals recommendation, introduced May 14, 2007, for approval of a Special Use request to establish a membership organization. * ADOPTED — CONSENT AGENDA MOTION & ROLL CALL (9-0) HUMAN SERVICES COMMITTEE: * Resolution 23-R-07 — Authorizes the Citv Manager to Execute a Master Lease with the Liehthouse Park District for Gross Pointe Liehthouse Park. Liehthouse Tower and Tower Land (Tracts 1.2 and 31 — Consideration of Resolution 23-R-071 which authorizes the City Manager to execute a long-term y (I 4 May 29, 2007 master lease with the Lighthouse Park District for Gross Pointe Lighthouse, Keepers Quarters and adjacent land as recommended by the Gross Pointe Lighthouse Task Force. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Public Art Committee's Communitv-Based Public Art Program Guidelines — Program guidelines for a new community -based public art initiative, developed by the Public Art Committee in conjunction with consultant Jon Pounds of the Chicago Public Art Group. Program funding provided by a special allocation of CIP funds approved by City Council. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) OTHER COMMITTEES: * Approval of the 2006-07 Consolidated Annual Performance and Evaluation Report - Recommendation to approve the Consolidated Annual Performance and Evaluation Report (CAPER) on CDBG, HOME and ESG programs for FY 2006-07 for submission to HUD. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: * Mayor Morton asked that the following appointments be introduced: Linda Stockton Human Relations Commission 319 Custer Ave. Johanna Nyden Plan Commission 1309 Ashland Ave. * Mayor Morton asked that the following appointment be confirmed: Marcia Achenbach Mental Health Board 711 Roslyn Pl. For term ending May 31, 2011 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Ordinance 47-0-07 — Increase in Number of Class D Liauor Licenses — Consideration of proposed Ordinance 47-0-07, which would amend Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 23 to 24 due to the opening of Nine Fish Restaurant, 2426 Main St. Alderman Wollin reported this item was held in committee. The applicants had not completed Bassett training. Mayor Morton suggested, in the future, people who have not done the training should be sent back to the Liquor Commissioner. PLANNING & DEVELOPMENT: Ordinance 45-0-07 — Planned Development Reauest for 1890 Maple Avenue — Consideration of a Plan Commission recommendation to approve a planned development request for the property at 1890 Maple Ave. as a mixed -use commercial and multi -family residential project. Alderman Tisdahl moved introduction of Ordinance 45-0-07and referred back to committee. Y(L 5 May 29, 2007 Resolution 22-R-07 — Establishes Guidelines for Management and Use of Funds from the Affordable Housing Fund — Consideration of proposed Resolution 22-R-07, which establishes guidelines for the management and use of funds from the Affordable Housing Fund. Alderman Tisdahl moved approval of Resolution 22-R-07 with this amendment: VIII. Eligible Applicants "Developers, non-profit organizations, including the Evanston Housing Corporation, housing owners or operators, individuals and units of government shall be eligible applicants for the Affordable Housing Fund resources." Motion carried. no nays. HUMAN SERVICES COMMITTEE: Ordinance 41-0-07 — Annual Township Budget — Consideration of proposed Ordinance 41-0-07, introduced May 14, 2007, whereby the City Council, acting as Township Trustees, approve the annual budget of Evanston Township for the fiscal year beginning April 1, 2007 and ending March 31, 2008, in the amount of $1,329,912. Alderman Rainey moved that they convene as Town Trustees. The motion was seconded. Motion carried unanimously. Trustee Holmes moved approval of Ordinance 41-0-07. Seconded by Trustee Jean -Baptiste. Trustee Rainey found no Human Service Committee minutes where the Township Budget was discussed and asked what was discussed. Trustee Bernstein stated there was discussion primarily about the assessor's budget. He found eight line items that he wished to reduce. He suggested under Town Fund— Assessor's Office, 6040 Part-time Contractual Assistant be reduced to zero. 6060 Travel/Education reduce from $4,500 to $3,000. 6230 Legal reduce from $35,000 to $5,000. 9010 Contingency reduce from $1,000 to $150.9020 Dues & Subscriptions reduce from $2,500 to $500. The assessor provided them with a list of items totaling $2,373. The only identifiable one is the Certified Illinois Assessing Officer for $75 subscription. He guessed the CCPAA has something to do with her qualifications but did not know whether it is required of a township assessor. Unless he hears from Ms. Eckersall, he would remove that. Under 9060 Equipment Purchases reduce from $4,500 to $1,000. He noted computers have been provided and they are through the triennial assessment period. 9090 Supplies, reduce from proposed$3,500 to $2,000.9110 Postage reduce from $1,000 to $400. 9120 Printing & Duplicating reduce from $1,000 to $300.9130 Contract Services reduce from $4,500 to $2,000. Those reductions total $34,650. He proposed an assessor's budget in the amount of $132, 597 versus the proposed $167,247. These items were discussed at the committee meeting and the assessor was asked to provide justification for her budget. She wrote a letter of explanation but it was not satisfactory to Trustee Bernstein. Trustee Holmes reported that the discussion at the Human Services committee meeting was ongoing with questions about the assessor's budget. The committee suggested that petty cash have a line item. Trustee Rainey stated in a year where some property owners received 80-90% increases in their assessed valuations, the assessor's office indicated they worked overtime and nights. In such a year she found printing/duplicating costs were only $300 and postage $400. When the City is slashing employees who make contributions, why are they paying the deputy assessor $53,000, an administrative assistant $19,800, plus the assessor $6,000? Surely they could function in the off years with a part-time deputy assessor and have full-time help only during a reassessment year. Mayor Morton asked if the deputy assessor is required by law. Trustee Bernstein recalled they started calling Gloria Harris the deputy and her salary was increased. Work in the office is done by deputy assessor. Mayor Morton confirmed that Ms. Eckersall was at the Human Services Committee meeting when recommendations were made to reduce her budget. Ms. Eckersall stated the deputy assessor has been off since May 4. Without a part-time assistant, they would have no one in the office. A month and a half ago she hired a man who works five hours a day four days a week. Ms. Eckersall said some things were left undone by the deputy. Trustee Rainey recalled that Ms. Eckersall advised them that Diane Benjamin was doing a fabulous job. Ms. Eckersall said the matter is being addressed in the Law Department. Trustee Holmes noted that the deputy assessor is off on medical leave. Ms. Eckersall said she was off due to the stress of working many hours during the appeal period. q13 6 May 29, 2007 Mr. Hill indicated that personnel issues should be discussed in Closed Session. The deadline is such that there are two more meetings at which the budget could be approved. Trustee Bernstein wanted to give the cuts to the assessor so she could give a cogent response and asked the assessor to tell trustees what Computer Bits is. Ms. Eckersall explained that it is software and answered questions about various items under Dues & Subscriptions. Trustee Bernstein moved to hold the Township Budget for consideration at a future meeting and he would send a letter with his recommended cuts to Ms. Eckersall. Seconded by Trustee Rainey. Trustee Rainey said the Township is an archaic form of government and should be wiped out. She recommended that citizens look into the operation of the Township because there is gross incompetence; urged citizens to attend the Human Services Committee meetings when the Township Budget is discussed and will never again miss a meeting where the Township Budget is discussed. Trustee Jean -Baptiste serves on the Human Services Committee and thought it wasn't about mismanagement but about the service that is provided. During the re -assessment period Commissioner Suffredin held meetings and served a limited number of taxpayers. The assessor's office served people daily and there was a waiting list. How many people were served? How many appeals were filed? If there was a number of appeals started and left sitting in a drawer, they need to investigate that. If the office is not providing service, it should not exist. If it provides services, this office must continue. How do the trustees change the rules so they have more effective execution of the services and management of that office? As part of Ms. Eckersall's response, they need to know what was done during the appeal period and who to contact downtown that can verify what has been done. Trustee Rainey knew how hard the Human Services Committee works because she has served on it. It would have been helpful to have had minutes to see what was discussed. Trustee Holmes moved that they reconvene as the City Council. Seconded by Trustee Hansen. Motion carried unanimously. CALL OF THE WARDS: 3`d Ward. Alderman Wynne reminded all of a 3rd Ward Town Hall meeting on Thursday, May 31 at 7:00 p.m. in the auditorium of Lincoln School. 61h Ward. Alderman Moran referred to Memorial Day and the families of those who made the ultimate sacrifice during the ongoing war and prior wars. He shared an article in the New York Times about a man who grew up in Galena, Illinois, became a marine and now serves as president of Dartmouth University. Recently he started a program for wounded veterans that promotes secondary education for them at Dartmouth. Other universities and colleges are following suit. 8`h Ward. Alderman Rainev made a reference to the Human Services Committee. that the committee make recommendation to Citv Council that the Township be audited by the Citv's new auditor Virchow Krause. Alderman Rainey commended the Custer Avenue Beautification group that planted flowers from Oakton to Howard. 9t' Ward. Alderman Hansen noted the opening of the Farmer's Market was Public Works Day. She found staff was knowledgeable and proud of what they do. She announced that the Ridgeville Park District will have a Farmer's Market on Wednesdays, starting June 13 with hours from 4:00 to 8:00 p.m. at the main house at Seward and Ridge. Mayor Morton asked Mr. Hill if the ordinance pertaining to going onto private property to cut weeds would result in lawsuits. Mr. Hill explained that the ordinance has protections for the rights of owners of private property and would not have come before the Council if they thought it would cause significant challenges. It affords notice to the property owner, posting on the property and a time delay before the City goes on the property. The premise is the physical safety v/y 7 May 29, 2007 and health threat by having weeds. Based on the Police Power, the City believes it has a legitimate basis to proceed. The City has always safeguarded the property rights of individuals and is in court to obtain an administrative search warrant to enter physical property with permission of the court. The ordinance is for vacant property only. At 10:14 p.m. Alderman Bernstein moved that Council convene into a Executive Session to discuss matters of litigation and closed session minutes pursuant to 5 Illinois Compiled Statutes 120/2 ( c) (11) and (21) as follows: 2. All meetings of public bodies shall be public meetings except for the following: (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, Hansen. 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 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. 1 1 1 1 1