Loading...
HomeMy WebLinkAboutMINUTES-2007-02-12-2007330 �� OF EV,q,�,�J+ CITY COUNCIL * * February 12, 2007 kCa ROLL CALL — PRESENT: Alderman Wynne Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen A Quorum was present. Alderman Moran* Alderman Wollin * Alderman Moran was present via satellite conference call because he was on business in Naples, Florida. 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, February 12, 2007, at 9:33 p.m. in the Council Chamber. ANNOUNCEMENTS: Public Works Director David Jennings announced that the Chicago Metro Chapter of the American Public Works Association selected the McCormck Boulevard Project as the Transportation Project of the Year in the $2-10 million category. He cited Senior Engineer Sat Nagar and Transportation Director John Burke, who were most instrumental in that project. Mr. Jennings noted that this roadway reconstruction project was completed in an environmentally friendly manner. Staff took extra steps to protect the trees, had minimum tree removal and the road base was recycled to avoid trucking that out and hauling in new material. By taking that step, the City saved $260,000. Alderman Rainey pointed out that everyone had Alderman Tisdahl to thank for saving very specific trees that were marked for elimination in the McCormick Boulevard Project. Mr. Jennings reported the possibility of a "snow event" with 1-2 inches of snowfall predicted that night and 3-5 inches for Tuesday. He commented that if the higher snow accumulation comes into play, the City might have a "snow emergency" on Wednesday and Thursday. If that were the case, there would be a snow -route parking ban Tuesday night. Alderman Bernstein asked what the City had decided with regard to sirens (sounded to warn of a snow emergency). Mayor Morton thought using the sirens had something to do with national security. Mr. Jennings responded that they had checked into that and learned it was a matter of local jurisdiction. Alderman Hansen moved to reinstate the use of sirens for snow emergencies. Seconded by Alderman Rainey. Alderman Moran requested that the 6`h Ward be excluded from the siren snow warnings. He noted that the neighborhood surrounding Fire Station No. 5, where the northern siren is located, was particularly concerned about the siren's noise. Alderman Rainey stated the people in the 8`h Ward were tired of being towed and ticketed when they don't know there is a snow emergency. She thought the only problem with snow removal was notification and pointed out there is no single method of notification on snow emergencies. She believed that sounding the sirens would warn people to move their cars. Mr. Jennings reported that all of the publicized information (newsletter, website, etc.) indicates that the City does not use sirens for snow emergencies. Alderman Wynne stated that she would rather take the calls on sirens than those from residents who have been ticketed and/or towed. Alderman Hansen pointed out that when there are 3-5 inches of snow, people would not think the sirens were about a terrorist attack and reiterated that it is something everyone can hear. Alderman Tisdahl reported that some elderly constituents had called that day who wonder where to park their car. Voice vote. motion carried. 331 2 February 12, 2007 Alderman Wynne suggested that the City contact School Districts 65 and 202 and ask them to inform families about reinstated siren use via the districts' automatic phone calling system. City Manager Julia Carroll said the City would ask for that assistance. Ms. Carroll was aware that many member of the community believed the homicide of Booker Thomas Guy III on February 3, 2007, was a hate crime. She noted that according to the Illinois Compiled Statutes, the acts of hate crime are defined very narrowly and the City did not believe that this homicide was a hate crime at this point. The investigation has led to the approval of charges against Kevin Joseph Gayne for the offenses of first -degree murder and attempted murder. When reviewing the results of the Police Department's investigation, the Cook County State's Attorney's Office did not uncover information or evidence that demonstrated that the elements of offense of a hate crime were present in this case. As the police continue their investigation, if such information or evidence is discovered that substantiates that Mr. Gayne committed these offenses (as a hate crime), the Police Department will file additional charges with the State's Attorney's Office. Citizens who have information regarding this issue or any other aspect of this investigation are asked to contact the Police Department Criminal Investigations Bureau at 847-866-5040 or Investigations Division Commander James Elliot at 847-866-5044. Illinois Parks & Recreation Association Community Service Award Parks, Forestry & Recreation Director Doug Gaynor reported that in 2006 the department had submitted three nominations for community service awards to the Illinois Park & Recreation Association and the Illinois Association of Park Districts. He announced that all of the nominations were approved and the recipients are here to receive their awards. The plaque of recognition (presented to each person) reads as follows: "In recognition and appreciation of outstanding contributions and unselfish devotion for the advancement of parks, recreation and leisure in the community and the State of Illinois." Superintendent of Recreation Bob Dorneker presented the first award to John Fogelson, who introduced the Youth Fishing Program in 1997 that now runs every Saturday morning from May through October in Lovelace Park. Mr. Gaynor presented the next two awards, one to Kay Muller, who established The Ted Fund in 1996 in memory of her son Ted, and gives scholarships annually to children in financial need so they can attend summer day camp. The other went to Lois Roewade, who helped form the Evanston Arts Alliance and has coordinated events including First Night Evanston and the Fourth of July celebration; and recently completed a two-year term as chair of the Arts Council. Doug Gaynor introduced Takashi Soga, whose sculpture "The Sea of the Ear -Ring" was selected as a public art project for Sherman Plaza at the corner of Sherman Ave. and Davis St. A maquette (scale model) of the sculpture was on display in the Council Chamber that evening. COMMUNICATIONS: None CITIZEN COMMENT: Kav Muller. 1825 Asbury Ave., noted that it took ten years for The Ted Fund to get on the community's radar screen. She thanked Doug Gaynor, Bob Domeker and Michelle Tompkins, a program manager at the Chandler -Newberger Community Center and serves on the board of The Ted Fund. She reported that one-third of District 65 children are on the school subsidized lunch program. If you can't afford a lunch, you can't afford any after -school or summer programming. She stated that leaves these children on the sidelines, spending after school hours on lockdown or on the streets and neither option is a good thing for our community. She noted that kids spend more time out of school than they do in school and if the community is going to close the achievement gap, it will have to address what goes on after school and during the summertime. She reiterated that at her son's memorial service in 1996, the family requested that people donate money in lieu of flowers. They had hoped to send one child to summer camp. Much to their surprise, hundreds of people showed up at the service and a huge amount of money was donated. She said they realized that their quest to help disadvantaged children could become an ongoing process. Mrs. Muller said that rather than create a program, they developed a board and raised money (about $2,500 for each child in the program). They have partnered with other 3 3 2- 3 February 12, 2007 entities, such as School District 65, Evanston Day Camps (including the Recreation Division), YWCA and McGaw YMCA. She thanked the Evanston businesses, churches, synagogues and individuals that have supported them with donations. Lastly, she thanked The Ted Fund's outstanding board and encouraged everyone to attend their fund-raiser on Saturday, May 5. She noted that they started in 1998 with one child and had a goal of helping 100 children in 2008. Gerald Gordon. 1228 Lake St., wanted to address under budgeted revenues with specific attention to the interest budgeted in the various funds. He referenced page 71 (budget book), the General Fund with a line item for Interest in the amount of $400,000 in 2005-06. He pointed out that the Actual Interest was $575,281 and it appeared to him that the General Fund's interest line provision was $175,000 under budgeted. He cited another example on page 464 in the Police Pension Fund investment earnings in 2005-06 the actual was $1,517,000 and in the FY 2007-08 proposed budget the amount is $878,000 , which he saw as an under budgeted amount of $639,000. The result of under budgeting revenues is that taxes have to be increased to meet the expenditure side. When the actual numbers come in, the variances in those various funds are quite high. Mr. Gordon examined eight different funds: General, Debt Service, Maple Avenue Garage, Parking System, Water, Sewer, Fire and Police Pension funds. The total difference between what is budgeted in 2007-08 as compared to the actual in 2005-06 (which he believed would happen again in 2006-07) is $1,744,000. He stated that was a lot of money and a lot taxes that have to be raised because the City is under budgeting these interest revenues. He thought these numbers indicated that the tax levy could be $1,744,000 (more) than is actually budgeted now. Alderman Bernstein asked the City Manager to respond in writing to Mr. Gordon's concerns. Bennett J. Johnson. 708 Washington St., stated that he was one of those kids who didn't go to summer camp. Because of that and racial discrimination, he has a high sense of fairness. He voiced his objection to the changes in the Human Relations Department. He cited the murder mentioned earlier and noted that murder, by definition, is a hate crime and added that one must "hate" someone to kill them at that particular moment. He pointed out that people needed to understand why our children do this to each other and that's a function of the Human Relations Commission. He supported Paula Haynes being retained for the reason that she can carry out some of these needs, assessments and analyses. Mr. Johnson also mentioned George Dotson, a program manager at Robert Crown Center, who has devoted his life to Evanston and is "being thrown out like an old dishrag." He supported the group around Central St. and pointed out that Council needed to realize that they are representatives of the people. He stated that the City has a republican form of government, with Council members having been elected but their fiduciary responsibility (duty) is to represent the people. Mr. Johnson noted that one of the problems in being part of a group is collegiality —you get to know each other, you like each other (even though you don't agree with each other all of the time) and very often Council members can get swept up in a particular issue without thinking out what's fair, what's best for the City and why the people voted you to sit in that seat. He stated that particular collegiality and that lack of courage is what caused the war in Iraq —the people in the Congress did not think out what they were doing and did not have the courage and principle to stand up and say "no." Richard Wright. 2603 Hartzell St., spoke about the 1700-1722 Central St. development. He thanked Aldermen Bernstein and Wynne for explaining to residents why they disagreed with their concerns. He wished all aldermen would explain why they voted a certain way on a particular issue. He understood that Alderman Wynne has worse problems in the 3`d Ward and higher density zoning. He said that some people moved to the 3`d Ward for the higher density environment, while people who moved to Central St. come for a different environment. He noted that there is B2 zoning along Central St. that residents felt has been abused and was abused to a greater degree by the Prairie project approved just west of Central St. (near Prairie Joe's). He cited that Council allowed it to be rezoned from commercial, which does not allow residential, into B2 rather than R4 as is along the rest of the block to build a four-story residential condo building with a thin strip across the front that even the developer admits can't be retail. Mr. Wright commented that if there is a Zoning Code, it should be enforced and stated that residents were invited to only one meeting (on the project) at the Ecology Center with discussion cut off before he or others could ask questions. He thought it had been a sloppy process all along. Robert Janes. 802 Colfax St., noticed a sign on his street indicating the need to move his car on even numbered days. Later that day, when he listened to cable TV (Channel 16) and Evanston's radio station, neither of those information outlets had any information about the snow. He thought the City has an opportunity to notify citizens if they go to the media that it has to get the word out. In addition, he discovered the City's "Snow Line" 869-SNOW, which he called and learned that there was no snow emergency that day. 333 4 February 12, 2007 Les Shindelman. 1572 Maple Ave., represents his condo building in the newly formed Downtown Residents Association, which is comprised of most of the major condo buildings in downtown Evanston. He wanted to restate the downtown residents' position that it is unfair to select a certain group of residents and charge them a tax that is not being charged to other members of the community. With that in mind, they wanted Council to remove residential properties from SSA#4 and, if possible, they wanted to see it done prior to introducing the new ordinance. He asked where the City is in the process and what would be the next steps. First Assistant Corporation Counsel Herb Hill stated that with respect to Special Service Area No. 4, the proposed ordinance has been re -drafted and the configuration of the land mass boundaries of the ordinance has been changed to reflect comments made at the "informal hearing at the City Council (meeting of 1/22/07)." He said that material would be brought back to the City Council for introduction at the March 12 meeting and two weeks thereafter (March 26) for adoption. The ordinance will set forth the notice for the hearing and the 60-day time period, which begins on the hearing itself. The ordinance will be submitted to the City Council will have the date of the hearing in it and Council will direct staff to notify the electors and property owners within the district. In addition to that, the ordinance will go beyond the state statute and, at the direction of City Council, the individual condominium boards, their chairman or secretary, or the will also be noticed by it. The proceeding will not come before Council for final action prior to the end of June. Mr. Shindelman asked if Council could remove residential properties and would it be possible to involve the residents in some of these informal meetings to get their input? Mr. Hill responded that with respect to boundaries, City Council has the authority to change the boundaries in any way it so deems fit —eliminate some residential, eliminate some commercial or any variation thereof —that is within the discretion of the City Council. The only time the full discretion of the City Council will be limited, actually removed, would be as a result of the hearing if 51 % of the electors and 51 % of the property owners signed the petitions for the negative. At that point, City Council would have no authority. Alderman Rainey asked about feedback at the "quasi" public hearing and was that the basis for some properties were eliminated. Mr. Hill responded that it was based on information provided by the EvMARK board and there was a mistake. He noted that 1500 Chicago Avenue has been added, was not part of the district as proposed and is now in the ordinance that will be submitted to City Council. He stated that Special Service Area No. 4 will end August 13, 2007 and Council action should be taken prior to that date. Alderman Wynne asked, with regard to Council excluding residential or commercial, was that possible when both commercial and residential exist on the same property? Mr. Hill responded that the question with regard to a vertical integration he believed was "yes" and would have the answer at the next meeting. Sue Carlson. 2679 Stewart Ave., stated her disappointment with the Mayor's veto of the Inclusionary Housing Ordinance. She wanted to remind all the aldermen that they unanimously passed a Strategic Plan recently that expressly commits to enacting an Inclusionary Housing Ordinance. She wanted to present some different understandings of the facts the Mayor quoted in her veto message. She noted that this part of the Strategic Plan was found under the Economic Viability Section, Goal #2, Objective B, "Develop and implement a comprehensive inclusionary and affordable housing policy." All of the aldermen agreed to this provision of the Strategic Plan and Ms. Carlson found it ironic that it falls under the Economic Viability Section, since the Mayor had been one of the most upfront promoters ofthe economic viability of our community. Yet, the Mayor chose to veto this economic objective promised in the Strategic Plan. Five aldermen followed through on that plan to see that this objective was fulfilled. Perhaps the other four aldermen would like to explain how or if they intend to enact that provision. She presented some facts about the affordable housing picture in Evanston. The Illinois Housing Authority, based on 2000 Census data, found that Evanston had nearly 26% affordable housing units. They found that in the six most recent years, that figure had declined seven points. Without an attempt to reverse that trend, she felt that in 8-10 years Evanston would be approaching the state required 10% minimum. According to an appraisal group, the average price of an Evanston home in 2006, was $619,000 and up 5%z% in one year. A family of four earning 80% of the area median income can only afford a home costing less than one-third of that amount. As in many communities, much of the affordable housing in Evanston has been found in rental properties. In just seven years, Evanston has lost 1,200 and that evening Council could agree to lose 18 more rental units to condo conversions. This 33Y 5 February 12, 2007 decline in the number of rental units is reflected in the steep decline of Evanston's housing choice voucher holders —from 1,314 in 2003 to 736 three years later. She felt that all could agree that a truly livable community is one that finds richness in people of all sorts and conditions. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Bernstein moved Council approval of the Consent Agenda with these exceptions: Purchase of Accela Permit Tracking Software Upgrade; Purchase of Property Insurance for City; Ordinance 13-0-07 — Easement Agreement for 1570 Elmwood Ave.; Ordinance 16-0-07 — Borrow Funds from Water Pollution Revolving Loan Fund; Ordinance 19-0- 07 — Class D Liquor Licenses — New Mandarin House, 819 Noyes St.; Ordinance 5-0-07 - Yard Waste Sticker Program; Ordinance 7-0-07 - Planned Development 1700-1722 Central Street; Application Appealing the Preservation Commission's Denial of Certificate of Appropriateness for the Demolition of the Evanston Landmark at 1722 Central Street; Ordinance 24-0-07 — Amendment to 114-0-06 — Special Use for PUD at 2424 Oakton St.; Ordinance 25-0-07 — Moratorium on Issue of Building Permits in the West Evanston TIF District and Resolution 7-R-07 — Advisory Referendum for April 17, 2007 Ballot. 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 Special City Council Meetings of January 20 and 27, 2007 and the Regular City Council Meeting of January 22, 2007. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: Approval, as recommended, of City of Evanston payroll for the periods January 25, 2007 and February 8, 2007 and City of Evanston bills for the period ending February 13, 2007, authorized and charged to the proper accounts: City of Evanston payroll (through 01/25/07) $2,294,199.19 City of Evanston payroll (through 02/08/07) $2,154,647.22 City of Evanston bills (through 02/13/2007) $2,130,324.24 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid for 2007-08 water treatment chemicals from LCI Ltd. in the amount of $90,000 and Usalco in the amount of $80,801.30 for a total amount of $170,801.30. Funded by the Water Filtration account. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the contract amendment with Farr Associates in the amount of $25,000, including reimbursable costs, to complete zoning code revisions and regulating plan to implement the Master Plans for Sub Areas 1, 2 and 3 of the West Evanston TIF study area. Funded through the Economic Development Fund and will be refunded by the West Evanston TIF when increment becomes available. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from DiPaolo Company (4350 DiPaolo Center, Glenview) in the amount of $6,596,041 for the Basin S82B Contract 2 Relief Sewer Project contingent upon funding from the IEPA. Funded by a low -interest loan from the IEPA and the Sewer Reserve Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL 18-01 * Approval of the proposed agreement with MWH Americas, Inc. (380 Interlocken Crescent, Broomfield, CO) in the not - to -exceed amount of $916,122 to provide engineering services during construction of the Basin S82B Contract 2 Relief Sewer Project. Funded by a low -interest loan from the IEPA and the Sewer Reserve Fund. * APPROVED - CONSENT 3 35' 6 February 12, 2007 AGENDA MOTION AND ROLL CALL (8-0) *Approval of Change Order No. 12 (final) for the Sherman Plaza Garage construction contract with W.E. O'Neil (2751 N. Clybourn, Chicago). The change order decreases the contract amount by $402,068 from $41,144,107 to $40,742,039. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 17-0-07 — Decrease in the Number of Class D Liauor Licenses — Consideration of proposed Ordinance 17-0-07, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 25 to 24 due to the sale of Mandarin House, Inc. d/b/a Mandarin House at 819 Noyes St. * MARKED INTRODUCED - CONSENT AGENDA * Ordinance 18-0-07 — Decrease in the Number of Class D Liauor Licenses — Consideration of proposed Ordinance 18-0-07, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 24 to 23 due to New Day Cafe discontinuing its liquor license d/b/a New Day Cafe at 2916 Central St. * MARKED INTRODUCED - CONSENT AGENDA * Ordinance 22-0-07 — Decrease in the Number of Class D Liauor Licenses — Consideration of proposed Ordinance 22-0-07, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 24 to 23 due to the closing of New Sushi Arigato, Inc. d/b/a New Sushi Arigato Restaurant at 822 Clark St. * MARKED INTRODUCED - CONSENT AGENDA * Ordinance 26-0-07 — Amends Fee Ordinance regarding Fire Suppression and Fire Alarm Permit Fees — Consideration of proposed Ordinance 26-0-07, which amends Ordinance 46-0-99 to establish a charge for Fire Suppression and Fire Alarm Plan Review fees and to increase Fire Suppression and Fire Alarm Permit fees. * MARKED INTRODUCED - CONSENT AGENDA * Ordinance 4-0-07 - Increasing Ambulance Transportation Fees - Consideration of proposed ordinance 4-0-07, introduced January 22, 2007, which restructures and increases ambulance transportation fees. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 10-0-07 - Increasing Public Wav Obstruction Fees - Consideration of ordinance 10-0-07, introduced January 22, 2007, by which the City Council would amend Sections 7-2-5-3 of the City Code to increase the fees for obstructing the public way. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) PLANNING & DEVELOPMENT: * Ordinance 14-0-07 — Planned Development Reauest for 959 Dobson St. — Consideration of the recommendation from the Plan Commission for approval of the request for a planned development proposal at 959 Dobson St. as a multi -family residential project consisting of approximately 33 dwelling units, a maximum defined building height of 60 feet to the average pitch of the roof and about 45 off-street enclosed parking spaces. * MARKED INTRODUCED - CONSENT AGENDA HUMAN SERVICES COMMITTEE * Approval of December 2006 and January 2007 Township Monthlv Bills — Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of December 2006 and January 2007 in the amount of $85,492.23 and $87,502.77 respectively. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 1-R-07 — Takashi Soaa Sculpture for Sherman Plaza — Consideration of Resolution 1-R- 07, which authorizes the City Manager to execute an agreement with Takashi Soga for commission of a sculpture for Sherman Plaza. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) ,336 L E 7 February 12, 2007 * Ordinance 11-0-07 — Addine Non -Tobacco Products to the Indoor Clean Air Ordinance — Consideration of Ordinance 11-0-07, which amends the Definitions Section of the Evanston Clean Air Ordinance to prohibit the use of non -tobacco products. * MARKED INTRODUCED - CONSENT AGENDA * Ordinance 12-0-07 — Amends the Noise Ordinance — Consideration of Ordinance 12-0-07, which amends the Noise Ordinance to define the distance and fine structure related to automobile speaker systems. * MARKED INTRODUCED - CONSENT AGENDA OTHER COMMITTEES * Resolution 4-R-07 — IMRF Early Retirement Incentive Program— Consideration of Resolution 4-R- 07, which adopts an Illinois Municipal Retirement Fund Early Retirement Incentive Program for the period July 1, 2007 through June 30, 2008. Beginning in 2009, funding will be provided by the General Fund, IMRF reserve, and future salary and benefit savings. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0). APPOINTMENTS: Mayor Morton asked that the following reappointment be introduced. Joel S. Freeman 2151 Harney Ave. James G. Woods 2436 Central Park Ave. Energy Commission Plan Commission Mayor Morton asked that the following appointment be confirmed: Jared Davis Parking Committee 2303 Dempster St. For term ending February 15, 2010 * APPROVED - CONSENT AGENDA REPORT OF THE STANDING COMMITTEES SPECIAL ORDER OF BUSINESS Resolution 6-R-07 — Operatine Budget Fiscal Year 2007-2008 — Consideration of proposed Resolution 6-R-07, which is the Operating Budget for FY 2007-08 in the amount of$188,145,727. Alderman Rainey moved to have a Special City Council meeting to address the FY 2007-08 Operating Budget. Seconded by Alderman Bernstein. Voice vote. motion carried unanimously. After conferring with City Council, Ms. Carroll announced that the Special City Council Meeting would be held Monday, February 19, 2007, at 7:00 p.m. in the Council Chamber. ADMINISTRATION & PUBLIC WORKS: Alderman Wollin moved approval of the sole -source contract for purchase, implementation and maintenance of the 331 8 February 12, 2007 upgraded version of the Accela permit tracking software at a cost of $1,534,052 over the next five years. Funded by the General and Capital Improvement Plan funds. Seconded by Alderman Rainey Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried (8-0). Alderman Wollin moved approval of the purchase of property insurance for the City of Evanston valued at $475,008,665 at a cost of $351,938 (including terrorism), excess general liability insurance coverage ($10 million coverage in excess of $2 million) at a cost of $161,454 (including terrorism), excess general liability insurance coverage ($5 million coverage in excess of $10 million) at a cost of $60,000 (including terrorism), medical professional liability insurance at a cost of $13,581 (including terrorism), inland marine (fine arts) coverage at a cost of $10,901 (including terrorism), crime and fidelity coverage at a cost of $9,980 (terrorism coverage n/a), excess workers' compensation at a cost of $79,881 (including terrorism). Total cost is $687,735. Funded by the Insurance Fund. Seconded by Alderman Wynne. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried (8-0). Ordinance 13-0-07 — Easement Agreement for 1570 Elmwood Ave. (Formerly Winthrop Properties Development at 1567 Maple Ave.) — Consideration of proposed Ordinance 13-0-07, which authorizes the City Manager to execute an agreement for balcony and subsurface easement for the 1570 Elmwood Ave. Development (formerly Winthrop Properties development at 1567 Maple Ave.). Alderman Wollin asked that Ordinance 13-0-07 be marked introduced. Alderman Bernstein abstained from this vote because he represents one of the principals in the LLC that is involved with this project. Alderman Rainey asked for clarification about why it reads "formerly Winthrop Properties." Ms. Carroll explained that it is still Winthrop Properties and that what had changed was the address--1567 Maple Ave. --is now 1570 Elmwood Ave. Ordinance 16-0-07 — Authorizes the City to Borrow Funds from the Water Pollution Revolving Loan Fund for Loan L172736 — Consideration of proposed Ordinance 16-0-07, which authorizes the City Manager to execute a Loan Agreement with the IEPA in the not -to -exceed amount of $7,925,000 for costs associated with the Basin S82B Contract 2 Relief Sewer Project. Alderman Wollin asked that Ordinance 16-0-07 be marked introduced. Alderman Wollin moved to Suspend the Rules to adopt an ordinance at the same meeting in which it was introduced. Seconded by Alderman Rainey. Motion carried unanimouslv. Alderman Wollin moved approval of Ordinance 16-0-07. Seconded by Alderman Hansen. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried (8-0). Ordinance 19-0-07 — Increase in the Number of Class D Liouor Licenses — Consideration ofproposed Ordinance 19-0-07, which amends 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 application of New Mandarin House, Inc. d/b/a Mandarin House at 819 Noyes St. Alderman Wollin reported that this item was held in committee. Ordinance 5-0-07 - Yard Waste Sticker Program - Consideration of proposed ordinance 5-0-07, introduced January 22, 2007, which amends Section 8-5-3(E) of the City Code to establish a charge for the collection and disposal of yard waste. 33? 9 February 12, 2007 Alderman Wollin reported that this item would be held at the request of two aldermen until the February 19, 2007 Budget Review Workshop. PLANNING & DEVELOPMENT: Ordinance 7-0-07 — Planned Develonment 1700-1722 Central Street Consideration of the planned development proposal for 1700-1722 Central Street for a mixed use (residential/retail) project consisting of 48 dwelling units, 11,250 square feet of first floor retail, 100 parking spaces, and a total building height of 48 feet. Alderman Wynne moved approval of Ordinance 7-0-07 as amended. Seconded by Alderman Rainey. Alderman Rainey stated in response to the comment about aldermen sharing why they favored this project that she voted for it because she felt if was a terrific project. She wanted 71h Ward residents to know that she does care about them and has no concerns that the project will destroy Central St. Alderman Moran reiterated that he objects to the approval of this development. He invited people who are interested in the future of Central St. to work with the City and its consultants on the Central Street visioning process so that they can develop a unified plan to maintain what they love about Central St. and, where they can, to improve it. Roll call. Voting aye — Wynne, Bernstein, Tisdahl, Rainey, Hansen, Wollin. Voting nay — Holmes, Moran. Motion carried (6-2). Application ADDealine the Preservation Commission's Denial of Certificate of Appropriateness for the Demolition of the Evanston Landmark at 1722 Central Street. - Consideration of the application appealing the Preservation Commission's denial of a Certificate of Appropriateness (COA) for demolition of the Evanston Landmark at 1722 Central Street. Alderman Wynne moved an affirmative statement of granting a Certificate of Appropriateness. Seconded by Alderman Rainey. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried (8-0). Ordinance 24-0-07 — Amends Ordinance 114-0-06 — Grantine a Special Use for a Planned Development at 2424 Oakton St. — Consideration of a staff recommendation to list the Special Uses approved in Ordinance 114-0-06. Alderman Wynne asked that Ordinance 24-0-07 be marked introduced and referred back to the committee. Ordinance 25-0-07 — Establishes a Moratorium on the Issuance of Buildine Permits for Construction in the West Evanston TIF District — Consideration of Ordinance 25-0-07, which re-establishes the moratorium on new building construction in the revised Moratorium Area for thirty (30) days, expiring March 14, 2007. The revised Moratorium Area was established and adopted by the City Council under Ordinance 120-0-06, on December 11, 2006 and expires on February 10, 2007. Alderman Wynne asked that Ordinance 25-0-07 be marked introduced. Alderman Wynne moved to Suspend the Rules to adopt an ordinance at the same meeting in which it was introduced. Seconded by Alderman Rainey. Motion carried unanimouslv. Alderman Wynne moved approval of Ordinance 25-0-07. Seconded by Alderman Rainey. Roll call. Voting aye — Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin. Voting nay —none. Motion carried (8-0). J 3 10 February 12, 2007 AGENDA ADDENDUM OTHER COMMITTEES: Resolution 7-R-07 — Instruction to the Citv Clerk to Submit for the April 17. 2007 Ballot. an Advisory Referendum — Consideration of Resolution 7-R-07, which instructs the City Clerk to submit for the April 17, 2007 ballot, an Advisory Referendum regarding the rehabilitation of the Evanston Civic Center. Alderman Bernstein reported that a group of citizens had lobbied for, petitioned and filed an advisory referendum on the April 17, 2007 ballot. It asks for the City to rehabilitate the Civic Center. In light of the years of discussions that the Civic Center Committee has had, they do not feel as a Council that the Civic Center can be rehabilitated, namely the funding aspect and where the funds would come from. The committee felt it was mandatory, to be truthful and fair to all parties, that it also have an advisory referendum that would read as follows (subject to revision by this Council): "Shall the City of Evanston fund the rehabilitation of the Evanston Civic Center, located at 2100 Ridge Avenue, by the issuance of not less than twenty million ($20,000,000) in General Obligation bonds." Alderman Bernstein moved approval of Resolution 7-R-07. Seconded by Alderman Rainey. Alderman Bernstein stated that the past two City Councils had determined unanimously to move, although they had no desire to leave the building, it is falling apart around them. To stay in this building, it was estimated that it would require $20 million to continue inhabitance as an office for the City of Evanston. They had been looking for other sites to establish a fund from which to pay for a new Civic Center. Alderman Bernstein added that the thought process has been to sell this building to a developer that may or may not choose to continue its existence. Subsequently, perhaps establish a TIF district from which to get a revenue stream to pay for bonds to acquire property if that is the will of the Council and to build a new Civic Center. Alderman Rainey thought this resolution was necessary to create a balance. She stated that the petitioned referendum did not tell voters how much it would cost to remain in the Civic Center. She felt that Council's counter referendum would raise in people's minds the issue, "how are we going to pay for this?" She stated that the only way to pay for renovating this Civic Center is through General Obligation bonds. That means property taxes have to go up for the debt service for payment of the renovation for this. Aldemnan Rainey pointed out that Council has an obligation to do education on this issue. She reiterated that if the City sells the building and creates a TIF to pay for the new building much like the City has paid for the new garages with TIFs. To avoid misleading people, this complementary referendum was needed. Alderman Tisdahl agreed with the concept of making sure everyone knows there's a bill attached with staying in the Civic Center, but she had a little trouble with the $20 million figure. She felt that the neighbors she represents on Leonard Place were concerned that the City would sell off land to pay for some of the renovations. She said the $20 million sounded high and the City would not need to issue for bonds for all of that if they sold some land. Responding to Alderman Tisdahl's concerns, Alderman Bernstein noted that this (referendum) addresses the cost of rehabilitation. Maybe the City can sell some land, then they wouldn't have to bond for $20 million but that is the figure with which the City has been working. He said with respect to the neighbors' concerns, they have been present at meetings that go back four years during which time the present Council and the prior Council have stated consistently that the open space would be retained. He pointed out that Council has said it would give preference to a developer that said he would leave the property standing. He agreed with Alderman Rainey that no one wants to leave this building. Ms. Carroll asked Assistant Facilities Management Director David Cook for documentation as she thought the numbers being discussed were not current. She cited an U.S. Equities report from last year had put the cost to rehabilitate the Civic Center at closer to $27-30 million. Mr. Cook confirmed that the report stated closer to $30 million and would get the document to provide the exact figure. 3 �f 11 February 12, 2007 Alderman Tisdahl wanted clarification that the City would not sell any of the land surrounding the Civic Center. Alderman Rainey said she would never support selling land around the Civic Center, then retain the building for their use. Alderman Bernstein thanked the City Manager for the update. He amended his motion to reflect a modification of the amount in the proposed resolution from $20 million to $31 million. Seconded by Alderman by Alderman Rainey. Voice vote. motion carried unanimouslv. The conference call to Alderman Moran was disconnected at this time. CALL OF THE WARDS: 3`d Ward. No report. 41h Ward. Alderman Bernstein reported that Alice Kreiman lost a battle with cancer. He noted that she had worked on the Arts Council, YMCA, Housing Options, Warren Cherry Preschool and with many other groups. Alderman Bernstein made a reference to the Planning & Development Committee to re-examine the Inclusionary Housing Ordinance that Council passed. He noted that Council had been told this ordinance was not constitutional. He explained that the reason he opposed this ordinance was his belief that children of low and moderate income should not be forced to live in a residential elevator building where they would be the only children in the building. He added that history tells them that most of the new construction would be downtown in elevator buildings. He reiterated that he does want affordable housing and to fund the trust that has been established. He wanted the P&D Committee to go back to the prior ordinance (27-0-06) and, with some modifications, make it capable of withstanding constitutional muster. 51h Ward. Alderman Holmes wanted to invite Council members to the regular 5`h Ward meeting this coming Thursday at 7:00 p.m. She noted that all developers that plan to do projects in the area would again give the residents a chance to hear information that they may not have heard during the planning process with the West Evanston Plan. Alderman Holmes congratulated the Mayor, who (along with five other Evanstonians) was honored at the Fleetwood- Jourdain Center/Arts Guild Black History celebration and establishment of the Evanston Black Heritage Stamp collection. It honors six important folk in the African -American community: Mayor Morton, Allen `Bo" Price, Alderman Jourdain, Alderman Fleetwood (the City's first African -American recreation center director), Dr. Garnett and Pauline Williams. She hoped all would have the chance to see the collection. 6" Ward. No report. 71h Ward. Alderman Tisdahl added her congratulations from the 7d' Ward. She reported that her ward was rife with a rumor that the Central St. post office would possibly close. She wanted City staff to track down if the rumor was true. 81h Ward. Alderman Rainey congratulated everyone who got an award that evening, especially Mr. Soga and the Public Art Committee, which she was part of, on selecting his exciting art work for downtown. Regarding the budget (and Mr. Gordon's research) she wanted an explanation on why the interest projected for FY 2006- 07 budget was so underestimated compared to what was actually collected. 9`h Ward. No report. I" Ward. Alderman Wollin echoed what Alderman Rainey said about Mr. Soga. She congratulated Ra Joy, who is the new executive director for the Illinois Arts Alliance. She pointed out that Ra is an artist himself and this would be a wonderful connection because he has some Evanston networking. 34 12 February 12, 2007 Regarding affordable housing, Alderman Wollin congratulated the Village of Wilmette, which is putting up new construction of condos at the site of the former Ford dealership on Green Bay Rd. She noted that of the 57 units, eight of them will be permanently affordable homes or 15%. She agreed with Alderman Bernstein that P&D needs to look at the ordinance again. She stated that the City needs to build up the trust fund for affordable housing and had a legal opinion that the City could not used impact fees from developers to provide for affordable housing. 2"d Ward. No report. At 11:27 p.m., Alderman Bernstein moved that Council convene into Executive Session for the purpose of discussing matters related to collective bargaining and closed session minutes pursuant to 5 Illinois Compiled Statutes 120/2 (c ) (2) and (21). The motion was seconded. 2. All meetings of public bodies shall be public meetings except for the following: (2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. (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. Roll call. Voting aye — Wynne, Bernstein, Holmes Tisdahl, Rainey, Hansen, Wollin. Voting nay— none. Motion carried (7-Ol. There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 11:40 p.m. Mayre Press, Deputy 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