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HomeMy WebLinkAboutMINUTES-2001-07-23-200157 CITY COUNCIL July 23, 2001 ROLL CALL - PRESENT: Alderman Feldman Alderman Bernstein Alderman Newman Alderman Moran Alderman Wynne A Quorum was present. NOT PRESENT AT ROLL CALL: Aldermen Engelman, Rainey, Jean -Baptiste, Kent ABSENT: None PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, July 23, 2001 at 6:07p.m. in the Aldermanic Library. Alderman Wynne moved that Council convene into Closed Session for the purpose of discussing matters related to real estate, personnel and closed session minutes pursuant to 5ILCS Section 120/2 (c) (1), (5), (6) and (21). (1) The appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. (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. (6) The setting of a price for sale or lease of property owned by the public body. (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 Section 2.06. Seconded by Alderman Feldman. Roll call. Voting aye — Feldman, Newman, Wynne, Bernstein, Moran. Voting nay - none. Motion carried (5-0). At 7:19 p.m. Alderman Feldman moved to reconvene into Open Session. Seconded by Alderman Rainey. Motion carried. No nays. Council then recessed so that aldermen could attend standing committee meetings. Mayor Morton reconvened the City Council meeting at 8:52 p.m. in the City Council Chamber. City Manager Announcements: Parks/Forestry & Recreation Director Doug Gaynor reported that the Ethnic Arts Festival was well attended over the past weekend and volunteers did an outstanding job. It ended abruptly due to a thunderstorm. He invited all to the 291h Evanston Lakeshore Arts Festival August 4-5, from 11 a.m. to 6 p.m. in Dawes Park at Sheridan Rd. and Church St. City Manager Roger Crum announced the new location for yard waste drop off is the former Recycling Center, 2222 Oakton St., starting Friday, August 3 to December 9; hours are Friday, 12-7 p.m. and Saturday/Sunday, 8 a.m.-5 p.m. July 23, 2001 Communications: None CITIZEN COMMENT: Irene GreQorv, 510 Sheridan Rd., invited all to participate in the Duck Pluck race to raise funds for an addition to the Ecology Center, noting the Environmental Association is $250,000 short of its goal. She heard there are objections to the race and did not know what they are. She explained that they will have a loudspeaker, play a classical overture lasting at most 30 minutes and she will MC the race, which will last 20-30 minutes. There are many prizes. Ms. Gregory, a long-term community gardener, reported that last year the community gardens in James Park were fenced with locked gates. She expressed appreciation from herself and other gardeners, noting the atmosphere had changed greatly from apprehension to peace. She thanked Doug Gaynor and others who made the fence possible; asked people who want to visit this garden to call Linda Lutz at the Ecology Center. Ann C. Dienner, 1034 Sheridan Rd., referred to her June 15 letter to local newspapers and wanted to go on record about the lack of cooperation from City staff regarding Royal American buses that travel on Sheridan Road and Forest Avenue between Northwestern University's Chicago and Evanston campuses. She noted these large buses travel in both directions seven days a week from early morning until evening and most times the buses are empty or carry a few passengers. She questioned City staff about the propriety of Northwestern promoting inter -city traffic. The first response was ignorance of the activity; further questioning revealed this was done to serve the students. She asked why Northwestern students cannot use public transportation and questioned using Sheridan Rd. and Forest Ave. daily for private/commercial buses and was told there are buses on other residential streets. She pointed out that those buses serve the public, not just Northwestern. She was also told Sheridan and Forest are major arterial streets. She asked when and who authorized adding Royal American buses to local traffic? She noted these streets are already heavy with automobile traffic and asked why the buses could not be directed to Chicago Avenue on a City designated bus route. She wanted to know who okayed this matter? Kate Krevel, 2006 Sherman Ave., recommended that Council investigate a "living wage" policy, which ensures a person can work and live in the same city and, generally, is above the minimum wage. Both Cook County and the City of Chicago have a living wage policy. The living wage policy would only apply to people who work for the City; would be calculated by an economist, based on where the person works, lives, food, etc. She stated even if City staff make more than is calculated as a living wage, she saw it as a good step to ensure a good human rights record. Bob Heuer, 1422 Ashland Ave., requested an exception be made to the ordinance that prohibits his neighbor from keeping a rooster in his backyard. He stated this rooster is a pet to Geraldo Montoya; that 17 people signed a petition to keep the rooster before Mr. Montoya went to court. He claimed neighbors and children love the rooster. He asked for a public discussion about the ordinance prohibiting it. He said it was not a noise problem. He suggested the rooster be tied in with the Duck Pluck event, noting media coverage. He commented that if in Glencoe they could postpone large fines for unruly dogs, Evanston could postpone a ruling because somebody wants to keep a rooster. Gerardo Montova, 1421 Florence Ave., stated he came to court regarding his pet rooster on July 11 and was given a deadline to remove it. He asked for help to keep the rooster in his yard; did not think the rooster bothered anybody; keeps it inside a cage and lets it out in the yard when he is home. Some people complained because the rooster made too much noise. He went door to door asking neighbors to indicate if the rooster bothered them. Alderman Newman referred the issue of the rooster and the ordinance conceminp, it to the Human Services Committee meeting Aueust 6. Mr. Heuer asked if that meant Mr. Montoya would not be fined until the committee discusses it? Alderman Newman thought not since the court that is enforcing the ordinance is Administrative Adjudication. A change in the ordinance can go before a Council committee, which the matter has been referred to. 3 July 23, 2001 Mr. Crum understood this went to Administrative Adjudication based upon a neighbor's complaint and a citation was issued by the City's Animal Control officer. City ordinance prohibits chickens in backyards and this law has been enforced before. Administrative Adjudication heard this and gave the owner 25 days to relocate the rooster outside of Evanston or there would be a penalty. Mr. Crum said the City would not impose a fine until the hearing date. Alderman Kent commended Mr. Heuer and Mr. Montoya for coming; had received calls asking for intervention on behalf of the rooster and those neighbors favored Mr. Montoya keeping the rooster. Mr. Heuer described this as an educational and community building experience. He said the neighbor who filed the complaint did not know Mr. Montoya. Instead of calling Mr. Montoya, the complainant called the authorities, then later met Montoya and had no problem with the rooster. Alderman Feldman requested that the disease issue be cleared up before the August 6 meeting. Mr. Heuer confirmed that the rooster would be checked by a veterinarian. Alderman Rainey had received a -mails asking to keep the rooster. Georae Cvrus, 3200 Park Pl., spoke as an individual about the social costs of down zoning and reduction of units allowed in various developments here. He noted that Evanston has always taken pride in having a full spectrum of income groups living here. He said allowing development to its most significant degree possible is a way to maximize resources so that low-income people can live here. He noted talk of down zoning on Main/Chicago; thought it would come up around Dempster/Chicago too. He used an example of lopping off floors of condominium buildings so 50 units are lost. Those 50 units would supply about $270,000 in overall tax revenue. Of that amount, $50,000 would go to the City. While $50,000 is not a great sum, when it is multiplied, it amounts to something. With $50,000, eight low-income families could be assisted with $6,000 a year for rent/mortgage payments so they could continue to live here. $50,000 could assist with police officer or library books. They could capitalize it into paying off debt service so they could help repair Crown Community Center and other centers or do other capital improvement projects in parks. He thought the 50 condominium units should be in Evanston unless there is a compelling reason to down zone parts of the community. That evening they were considering down zoning Main Street from Chicago Avenue to a height of 45 feet, which meant that area would stay as it is. They have to have more development possibilities to change that. Just because they have certain zoning does not mean they will have development. He recalled when on the Plan Commission in 1993, they created incentives to develop Chicago Avenue and nothing happened until 811 Chicago was built. He looked at the north side of Main Street west of Chicago Avenue and asked who does it hurt to have height greater than 45 feet? He noted there is a warehouse manufacturing district in back and a side of an apartment building could be taken out. He suggested it is a sound environmental practice to have high -density apartment buildings and condominiums next to commuter rail stations. He has not mentioned the $175,000 from the 50 condominiums that would go to the schools. He noted jobs would be created by people with disposable income who spend money in neighborhood shops and restaurants. He said the burden of proof is on those who want an area down zoned. He thought the worst example of what could happen is in emotional talk about zoning. He understood it was subjective, whether one wanted to see Evanston more like a village atmosphere of Wilmette, or an urban atmosphere like Lincoln Park. He noted when the Plan Commission met to consider the 1930 Ridge Avenue site; the developer asked for 195 units. A traffic study was dismissed and people said there were too many units. At the end of the meeting, some desired to retain residential zoning so it was down zoned to R5 and they have 102 units. Now instead of doubled taxes, they have about the same taxes as the property generates currently. He suggested Council look carefully at the cost of down zoning. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: Resolution 56-R-01 — License Agreement with Nextel West Corporation; Request for Waiver of Building Permit Fees; Zoning Ordinance Amendment Petition of Robinson Bus Co.; Ordinance 88-0-01- Zoning Ordinance Text Amendment: Required Parking for Multi -family Residential; Ordinance 89-0-01 — Zoning Ordinance Map Amendment: B3 at Main & Chicago; Ordinance 86-0-01 — Variances for 1723 Benson (Evanston Athletic Club) and Resolution 58-R-01 — Authorize Assignment of Church Street Plaza Residential Rights/Obligations. Seconded by Alderman Engelman. Roll call. Voting aye — Engelman, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Moran. Voting nay — none. Motion carried (9-0). 6D * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of Regular City Council Meeting of July 9, 2001 MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: July 23, 2001 APPROVED - CONSENT AGENDA * Approval, as recommended, of the City of Evanston payroll for the period ending July 19, 2001, and the City of Evanston bills for the period ending July 24, 2001 and that they be authorized and charged to the proper accounts, summarized as follows: City of Evanston payroll (through 7/19/01) $1,993,622.39 City of Evanston bills (through 7/24/01) $3,033,234.67 * APPROVED — CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the proposal from Suzan Anderson Pinsof (EBE)/T.Y. Lin Intemational/Chicagoland Bicycle Federation to provide a bicycle system improvement plan for the Public Works Department at a cost of $49,973. * APPROVED — CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order # 1 with The Meyne Company for the new Levy Senior Center, increasing the contract amount from $6,762,928 to $6,775,640. * APPROVED — CONSENT AGENDA MOTION & ROLL CALL (9-0) MORON * Special Event — Mt. Zion Missionary Baptist Church Communitv Picnic and Gospel Festival — Consideration of a request of Mt. Zion Missionary Baptist Church, 1113 Clark St., to hold its Community Picnic and Gospel Festival on August 11, 2001 from 10:00 a.m. to 6:00 p.m. and close a portion of Clark St. * APPROVED — CONSENT AGENDA MOTION & ROLL CALL (9-0). * Resolution 55-R-01 — Lease Agreement with Housing Options for the Mentallv Ill — Consideration of proposed Resolution 55-R-01, which authorizes the City Manager to enter into a lease agreement with Housing Options for the Mentally Ill for the Civic Center annex apartment at 1223 Simpson St. * APPROVED — CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 90-0-01 — Taxicab Rate Increase — Consideration of proposed Ordinance 90-0-01, by which City Council would amend Section 3-19-6-3(A) of the City Code to increase taxicab rates to be comparable with other municipalities in the area. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 84-0-01 — Decrease in Class O Liquor Licenses — Consideration of proposed Ordinance 84-0-01, introduced July 9, 2001, which decreases the Class 0 liquor licenses from six to five with the change in classification for American Drugs Inc., dba Jewel/Osco Drugs, 1128 Chicago Ave. ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 83-0-01 — Increase in Class N Liquor Licenses - Consideration of proposed Ordinance 83-0-01, introduced July 9, 2001, which increases the Class N liquor licenses from two to three with the change in classification for American Drugs Inc., dba Jewel/Osco Drugs, 1128 Chicago Ave. ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) 1 (0 � 5 July 23, 2001 * Ordinance 82-0-01 — Increase in Class C Liquor Licenses — Consideration of proposed Ordinance 82-0-01, introduced July 9, 2001, which increases the Class C liquor licenses from 19 to 20 with the addition of Jalapeno Mexican Restaurant, 726 Clark St. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Sidewalk Cafd Permit — Starbucks (1724 Sherman) — Consideration of a recommendation of the Site Plan & Appearance Review Committee to approve a sidewalk cafe for the Starbucks at 1724 Sherman Ave. * APPROVED— CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 85-0-01 — Special Use for 1700 Sherman Ave. (Panera Bread) — Consideration of proposed Ordinance 85-0-01, introduced July 9, 2001, which approves a recommendation of the Zoning Board of Appeals to grant a Special Use to permit expansion of the existing Type 2 restaurant (Panera Bread), 1700 Sherman Avenue, to vacant storefront to the west. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) HUMAN SERVICES: * Special Event — Duck Pluck — Consideration of a request of the Evanston Environmental Association to hold a Duck Pluck at the lakefront lagoon on Saturday, September 8 from 2:00 p.m. to 6:00 p.m. to raise funds for the Ecology Center expansion. * APPROVED— CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Special Event — City of Hope Walk of Hone — Consideration of a request from the City of Hope to have their annual walkathon on Sunday, October 21, 2001, from 8:00 a.m. to noon to raise funds for breast cancer research, from the Northwestern Sports & Aquatic Center to Elliot Park and return. APPROVED— CONSENT AGENDA MOTION AND ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked for confirmation of the following appointments: Brian Harris 2525 Wellington Ct. For term ending July 30, 2003 Troy Thiel 928 Asbury Ave. For term ending July 30, 2004 MIW/EBE Committee Parking Committee Mayor Morton asked for confirmation of the following reappointment: David R. Hodgman Playground & Recreation Board 1112 Forest Ave. For term ending July 30, 2006 * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: 6 July 23, 2001 Resolution 56-R-01 — License Agreement with Nextel West Corporation — Consideration of proposed Resolution 56-R-01, which authorizes the City Manager to execute a license agreement with Nextel West Corp. for placement of nine panel antennas on the North Water Tank, 2536 Gross Point Road. Alderman Moran reported that this item was held in committee. The question was whether the remuneration was at a fair level. PLANNING & DEVELOPMENT: Request for Waiver of Building Permit Fees — Consideration of a request of Beth Emet Synagogue for a waiver of building permit fees for an addition at 1224 Dempster St. Zoning Ordinance Amendment Petition of Robinson Bus Co. — Consideration of the Plan Commission findings and report concerning zoning text and map amendments requested for bus parking at the property formerly known as the Mayfair right-of-way between Foster and Emerson. Alderman Engelman reported that these two items were withdrawn at the request of applicants. Ordinance 88-0-01 — Zoning Ordinance Text Amendment: Required Parking for Multi-familv Residential — Consideration of proposed Ordinance 88-0-01, which approves a recommendation of the Plan Commission to change the requirement so that new multifamily uses in any district provide parking at a rate of a minimum of 1'/4 spaces per dwelling unit, with 1'/z spaces required for two - bedroom units; 2 spaces for more than two bedrooms. Alderman Engelman reported that this item was held in committee. Ordinance 89-0-01 — Zoning Ordinance Map Amendment: B3 at Main & Chicago — Consideration of proposed Ordinance 89-0-01, which approves a recommendation of the Plan Commission concerning appropriate zoning for the current B3 District along Main St. and Chicago Ave. Alderman Engelman reported the committee amended this ordinance to provide for property at 603 main Street to be zoned Cla from its existing B3 zoning. With that amendment he asked that the ordinance be marked introduced. Ordinance 86-0-01 — Variances for 1723 Benson Ave. (Evanston Athletic Club) — Consideration of proposed Ordinance 86-0-01, introduced July 9, 2001, regarding the findings and report of the ZBA concerning variances requested by the Evanston Athletic Club, 1723 Benson Ave. Alderman Engelman moved to substitute the new ordinance for the ordinance previously introduced. Seconded by Alderman Feldman. Motion carried. No nays. Alderman Engelman moved approval of ordinance 86-0-01 granting certain variations for EAC at 1723 Benson Avenue. Seconded by Alderman Moran. Roll call. Voting aye — Engelman, Rainey, Feldman, Newman, Jean -Baptiste, Wynne, Bernstein, Kent, Moran. Voting nay — none. Motion carried (9-0). - AGENDA ADDENDUM OTHER COMMITTEES: Resolution 58-R-01 — Assignment of CSP Residential Rights & Obligations — Consideration of proposed Resolution 58-R-01, which authorizes the Assignment of Church Street Plaza Residential Rights and Obligations. 63 7 July 23, 2001 Alderman Feldman moved approved of Resolution 58-R-01. Seconded by Alderman Rainey. Voice vote, motion carried. CALL OF THE WARDS: Alderman Engelman reported at the last Budget Policy Committee meeting the CEO of St. Francis and CFO of Evanston hospitals pledged to work with staff in Health & Human Services to examine some current programs for peer revenue; suggest how they might be more efficient or partner with these institutions to provide the same type of services at a lower cost. A similar group from the Presbyterian and Mather homes would work with staff on elder care services for the community and whether budget savings can be realized. A representative from Northwestern University suggested they could work with staff to find budget savings and/or alternatives. A gentleman from the General Board of Pensions of the United Methodist Church discussed how they could partner with the City to make investments here that are within their social goals, such as affordable housing. He thought this meeting showed that the non-profit community was willing to be part of the solution; announced the next Budget Policy Committee meeting would be August 15 at 7 p.m. Alderman Rainey reported that the A&PW Committee held the first budget hearing on the 2002-03 City budget and no citizens appeared to speak. She thanked all that came to the opening of the Police Outpost on Howard Street, noting several hundred people came. She commented that the Evanston Review ran a picture of two people sitting in an empty room and pointed out to the editor that it is important to show Evanston as it is. Alderman Feldman reported meetings with residents last Sunday and Monday on Madison Street regarding the 11 elm trees that had to be cut down due to Dutch elm disease. He learned that, in staff s memory, it was the greatest attrition in a block of elm trees. On Monday, neighbors met with Doug Gaynor and Paul D'Agostino, who responded to technical, historical and Dutch elm disease questions from neighbors. He congratulated staff on the professional and compassionate way they dealt with this at that meeting. Council will hear from the City Manager and staff regarding some new initiative regarding Dutch elm disease and he hoped that, out of disaster, they would come up with a program to make those meetings less frequent in the future. Alderman Feldman noted the Forestry Division worked on the two hottest days of the year to take down the trees. While the block looks stripped it is still beautiful with some canopy from other trees. Staff is working to find a way to inoculate remaining elms on the block so they don't get the disease. Alderman Newman made a reference to the Human Services Committee to discuss with the Arts Council the Dossibilitu of rotating the Ethnic Arts Festival to locations other than the lakefront. Alderman Newman noted electrical outages the previous evening and others in the past few weeks. The one last night was serious as electrical power was out for several hours at the Wagner facility and elsewhere in the V Ward. He asked for a report on the Sunday outages; did not feel there is improvement in the number and length of outages. Alderman Newman urged all to see the wonderful mural painted on the CTA viaduct at Tallmadge Park near the Noyes Cultural Arts Center. The mural was painted by high school youth in the ArtsSkills program, a paid, visual arts apprenticeship program. It teaches job responsibility, self-expression, technical art skills, orients students to a career in visual arts and is directed by Jenny Learner. Assistants are Jennifer, Aaron, Melissa and 12 apprentices selected from the City's Summer Youth Employment Program. He thanked all at the ArtsSkills program for doing a wonderful job, recalling the graffiti on that viaduct that took away from the renovation of the park. Alderman Newman commented about the greater amount of pedestrian traffic in downtown Evanston on Saturday evenings. He noted it is not just by Church Street Plaza, where there is now a new hotel and the movie theaters are filled. There is more traffic on Sherman Avenue by Bar Louie and Potbelly Sandwiches. In addition, there is a significant amount of housing being built because they were willing to go forward with the Church Street Plaza project. He sees lots of progress in downtown and invited all to come and enjoy. Sam Hunter, Fire Chief for Finance & Equipment, reported a fatal shooting had occurred at 9:05 p.m. at the gas station at Dempster/Fowler. 6Y 8 July 23, 2001 In response to the report, Alderman Jean -Baptiste stated that the community must look at all aspects of the community. Not only should they build tall buildings, make downtown successful and develop wealth here, but also they need to look at human beings and youth who have fallen and try to prevent this in the future. He left the meeting at that time. Alderman Wynne announced a meeting at the South Branch Library the next evening at 7:00 p.m. to discuss renovation of a playground at Snyder Park. She also announced a meeting on Thursday at Nichols School on the Chicago Avenue Streetscape design. She urged those who wished information to contact Sue Guderley in the Planning Department. Alderman Bernstein made a reference to the Plan Commission for an analysis of the B3 zone on Chicago Avenue from Demt)ster to Greenwood. He wished zoning reviewed with an eye toward potential modification. Seconded by Alderman Newman. Motion carried. No nays. Alderman Bernstein made a reference to the P&D Committee to review standards in the Zoning Ordinance for variances and special uses to determine whether they need to be revised. During the extreme heat, Alderman Bernstein encouraged people to look in on senior citizens and neighbors who don't have family. He congratulated the City and Alderman Rainey on "her dream come true" with the Police Outpost. He said the announcement by Chief Hunter makes it important to get crime under control; hoped the outpost will be fully manned to stop crime. Alderman Kent thanked Leon Robinson for withdrawing plans concerning the zoning map and text amendments for bus parking. He thought it the best decision and urged Mr. Robinson to come up with another plan and to work with the community to get something that benefits both. He was proud of residents who stood up for appropriate development. Alderman Kent reported the Plan Commission had met with the community about the Dewey/Simpson and Church/Dodge areas with many residents in attendance. He was glad to hear more discussion of affordable housing; reported talking with Neal Davidson and they believe they have a plan for some affordable housing in the 5' Ward. The next Plan Commission/neighborhood meeting is September 13. With regard to the news of a shooting fatality, Alderman Moran related that six years ago in Project Soar he had worked with a youth who lived in the Dempster/Fowler area. The young man had gotten into trouble but was a good person and they still talk. He worked with him for five years, with numerous staff and employers helping him assist this youth. He was glad this young man did not hang out at Dempster/Fowler and no longer lives here. He did not.think they could contemplate not doing what they need to do to avoid these events. He hoped as time goes by that they do everything they can to reach out to youth to help them and not let them proceed on a course of conduct that could result in this type of situation; that they show youth that they are cared about and they can get jobs to prove to them that Evanston is a healthy environment to be in. That was not the case for the young man he worked with and when he left last year to live in another state, Alderman Moran was relieved. Mr. Crum announced the fatality was not a random event. Police Chief Frank Kaminski reported this was a domestic incident and the people involved were from Chicago. A male was shot by his ex -girl friend. They have a suspect and several witnesses to the crime. There being no further business to come before Council, Mayor Morton asked for a motion to adjourn. The Council so moved at 10:07 p.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made cart of the permanent record and is available in the City Clerk's office.