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HomeMy WebLinkAboutMINUTES-1991-07-22-1991%6 1 1 CITY COUNCIL July 22, 1991 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration Planning & & Public Works Human Services Development Alderman Rainey Alderman Drummer Alderman Warshaw Alderman Paden Alderman Feldman Alderman Lanyon Alderman Esch Alderman Washington Alderman Engelman Alderman Wollin Alderman Moran Alderman Heydemann Alderman Newman Alderman Fiske Alderman Kent Alderman Nelson Alderman Davis Alderman Brady The OFFICIAL REGULAR MEETING of the City Council was held on Monday, July 22, 1991, at 9:13 P.M. ROLL CALL - PRESENT: Alderman Wollin Alderman Engelman Alderman Rainey Alderman Lanyon Alderman Feldman Alderman Warshaw Alderman Fiske Alderman Newman A quorum being present. ABSENT: Aldermen Nelson and Washington TARDY: None PRESIDING: Mayor Joan W. Barr MAYORAL ANNOUNCEMENTS: Alderman Paden Alderman Drummer Alderman Davis Alderman Brady Alderman Esch Alderman Heydemann Alderman Kent Alderman Moran Mayor Barr announced that City Clerk Kirsten Davis would not be here that evening, and that Ms. Davis would be going to Phoenix, Arizona for the funeral of her mother-in-law. CITIZEN COMMENT: Stuart Cooke, 1206 Main Street, Board member of the Preservation League, asked that all who support preservation of estate property to stand. About 18 persons stood. He talked about the special character of Evanston, saying that this generation is the beneficiary of the creative energy of a few pioneers. He said that he pays more rent than he would elsewhere, but does so because he loves being here and part of that character is the estates. He asked for a careful consideration of the question of community and public rights versus individual rights, and to not let individual rights dominate the decision. He asked Council to table the decision to grant plat permits on the two properties on Greenwood Street. -2- Ju ly 22, 1991 Paul Janicki, 1422 Judson Avenue, an architect, spoke about the architectural implications of North Shore estates noting that Ernest Mayo, one of the most noted estate architects in the Midwest, had designed 144 Greenwood Street. He said that the design of these homes is seen as a composition on a landscape and anything to be added was always integrated with the original design; it's like putting an infant in the lap of the Mona Lisa or a boulder in the middle of a Japanese garden; it is a whole, not to be added to nor subtracted from. Meredith Blau, 100 Greenwood Street, spoke about the case for the proposed moratorium on subdivision; said that the reality is that after tonight's vote, there could be five residences soon where there are now two; that the property is being handed over to subdivision. She asked why the issue is about square feet instead of the character of the community and future of Evanston. Why isn't this a discussion of tax structure in Evanston that causes citizens to subdivide their property in order to afford them? How does Evanston plan to attract owners who can pay $18,000 annually in property taxes and be butted up against developments of denser housing? Existing owners bought into the concept of open spaces and gracious living when they moved here. Why is the Council so hasty to protect individual rights at the expense of the community at large? Jean Nerenberg..2307 Orrington Avenue, said that she has watched as estate after estate was subdivided causing open spaces to be lost and the neighborhood impacted; the character of the city changed and the whole community loses; asked for a temporary moratorium which would halt subdivisions until the new zoning ordinance is passed. She pointed out that public debate is necessary to have meaningful zoning laws. Said it is a shame to allow these estates to be subdivided before the new estate overlay districts are in place. She said that the issue is public good versus private development and the public good should carry some weight. Peter Colardarci, 1000 Monroe Street, an attorney, suggested that his understanding is that the Council has not exercized discretion in considering the applications for subdivision of these properties; suggested that their Constitutional and statutory mandate is to exercize discretion in consideration of the applications and if Council has not, there is failure to fulfill the oath of office. Said he did not know what the Council should have done to exercize discretion to date, and said that if they believed their function is ministerial, they are wrong. The remedy is for writ of mandamus against individual members of the Council and the Mayor to force them to exercize discretion in this case; to do what is necessary to fulfill the mandate of public due process, to consider what is relevant to the community. He suggested that the matter be tabled and reconsidered. Asked that his letter to Corporation Counsel be made part of the permanent record. Bill Blau, 100 Dempster.Street, said that allowing real estate agents and `developers to influence City policy on zoning and housing is similar to letting a weasel set the the rules and police the chicken coop; noted that the United States is trying to educate the Soviets on how to operate a market economy before lending them money, yet in Evanston, City Council heeds real estate interests and ignores the rules of the marketplace. Why? For the supposedly quick fix to the tax base rather than the more honest attention to fiscal restraint. For the past ten years, inflation has masked the reality of housing marketplace; that is why developers were able to persuade the S&Ls, banks and insurance companies and even cities like Evanston into overdevelopment schemes. We now know who is going to pay for the debacle. Subsituting five single family residences, where two now exist defies the rules of market economics in a time of market deflation - not inflation. Scarcity creates market value in a market economy. In an old City like Evanston, estate houses have more long-term economic value to the city than development housing. He concluded by saying that this time around inflation will not mask mistakes this Council is on the verge of making for future generations of Evanstonians. Phil Scott, 7505 Lowell, Skokie, President of the Preservation League, referred to a June 19 letter requesting a moratorium on subdivision until the issue could be debated; said his experience with communities that seek to supplant long standing ordinances are problems when they enter into debate of the issues in an open public forum before measures are taken to provide interim protection to those areas that need protection of the new ordinance. Thelogic to this he calls a land rush mentality that takes over when people believe that an opportunity that heretofore existed is about to be closed. That when you talk about supplanting a 30 year old ordinance with a new one, some -people panic because they believe if they don't act quickly to take advantage'of the old ordinance, they will lose that 'opportunity 1 1 1 UZ -3- July 22, 1991 /6� forever. The Preservation League is asking that the Council take the time to consider the matter before it; if the estate overlays and the other four overlay zones are important enough to exist in the proposed ordinance, important enough to be debated on July 29, important enough for the consultants to have recommended them, then they are important enough to be taken seriously and to protect those properties that are currently in jeopardy. The moratorium is legal and enforceable according to Corporation Counsel Hill. The Preservation League, other groups and individuals have repeatedly sought to impress upon Council that irreversible harm will take place if you are not prepared to act. Scott asked Council to table the vote on subdividing and also asked Council to think of a community as much greater than the sum of its parts; it is much more than an accretion of individual property rights. Your community is at stake here. He asked Council to lift their sights and broaden their horizons noting the responsibility that a legislative body has to the community; said the judiciary is available to the individual to seek redress; said if the Council acted this evening against the interests of the community, it will have acted irresponsibly. Carol Weigel, 133 Dempster Street, said that her home abutts 115 Dempster and that the tax bill is $18,000 annually; said 115 Dempster had recently been put on the market for $1.850 million dollars. Together 115 and 113 Dempster comprise 1.7 acres on the lakefront; said her own property was within minutes of being put on the market for sale. She asked'if people wanted to see 133 and 115 Dempster subdivided. Can she be assured of this; said it would make a clean sweep of the lakefront. At this time Alderman Newman -moved that the two citizens who had not yet spoken be allowed to speak. Seconded by Alderman Lanyon. Motion carried. John Malkinson, 1121 Oakton Street, an attorney, said he had lived here since 1971; concerned with historic preservation and as a citizen; thought the Council had been unecessarily swayed by real estate interests and pressured by two households in Evanston; said that law is not so basic as to say you can do whatever you want with your land; understood the Council was to vote on an historical overlay district shortly; thinks it is a tragedy for Council to approve such an ordinance, when only days before they had sacrified historic properties. Said he believes Council is legally obligated is render discretion and to consider the community good and not be unduly influenced by pressued by isolated citizens. Community comes here for recourse. Talked about liquor store applications, how many wanted it; same with fast food chains. Said Council had acted properly. He asked for a delay in the decision until overlay issue is decided; asked Council to act with pride and not with haste. (Mayor Barr interjected that the estate overlay portion of the proposed zoning ordinance will be open for public comment on July 29, but it would not be passed into law until the entire ordinance is adopted which is projected to be February, 1992. Neil Elliott, 732 Michigan Avenue, said he lives in a 5 bedroom, 2 1/2 bath home on a 10,000 square foot lot with a deck, garage and barbecue; thinks he has a big lot. Owned for 6 years. He has heard a lot of name calling this evening. Said that profit is not immoral. He said the Preservation League wants owners of estates to pay for public good. That is not fair. He pointed out the Preservation League has not offered to buy any of these properties. Said it is outrageous to confiscate property. MINUTES: Alderman Lanyon moved that the minutes of the Regular Meeting of July 8, 1991, as submitted in writing to the members of the City Council, be approved without reading. Seconded by Alderman Feldman. Motion carried. No nays. COMMUNICATIONS: Deputy City Clerk Mary P. Morris announced the receipt of a communication from the Illinois Department of Revenue reporting that the Sales Tax for Evanston for the month of May, 1991, has been reported and collected as follows: Net Municipal Retailers', Use & $ 406,611.06 Service Occupation Tax Collected 0.00 Net Municipal Sales Tax 406,611.06 Q l00 `. -4- July 22, 1991 Deputy City Clerk Morris announced receipt of a communication from the Illinois Department of Revenue reporting that the Auto Rental Tax for Evanston for the month of May, 1991, has been reported and collected as follows: Auto Rental Tax Collected $ 1,568.27 Less 1.6% administration fee 25.09 Amount to be remitted $ 1,543.18 Alderman Drummer referred these communications to the Finance Director. Deputy City Clerk Morris reported that 2 letters had been received protesting the use of animals in research experiments at Northwestern University; a letter objecting to the use of tax money for pigeon removal; 6 letters from Ridge Avenue homeowners opposing the proposed re -zoning of the block between Central Street, Ridge Avenue and the CTA tracks to C2; and a letter from a homeowner protesting high taxes and the assessment on their property. Alderman Drummer referred the first two communications to the Police Services Committee; the next to the Public Works Department; the letters regarding proposed zoning changes to the Zoning Amendments Committee and the last to the Budget Policy Committee. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Davis moved Council approval of the Consent Agenda with the following exceptions: Docket 202-7B-91: 1992 EVMARK/Gus Giordano Dance Congress; Docket 190-7A-91: Ordinance 68-0-91; Docket 193-7A-91: Ordinance 79-0-91; Docket 214-7B-91: Extension of Validity of Ordinance 24-0-89; Docket 215-7B-91: Plat of Subdivision - 202 Greenwood; Docket 216-7B-91: Plat of Subdivision - 144 Greenwood; Docket 197-7A-91: Ordinance 75-0-91. Seconded by Alderman Warshaw. Roll call. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - none. Motion carried. (16-0). ADMINISTRATION AND PUBLIC WORKS COMMITTEE• Bills and Payroll * Approval, as recommended, of City of Evanston bills for the period ending July 17, 1991; for the City of Evanston payroll for the period ending July 14; and that their payment be authorized and charged to the proper,accounts, summarized as follows: City of Evanston bills $1,489,996.48 City of Evanston payroll 1,289,142.18 *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) PURCHASES * Approval of the proposal from Case Power and Equipment Co. for a Skid Loader for the Recycling Center at a total cost of $13,576. (Non -Bid Item, Requires 2/3 Majority Vote). * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0). * Approval of the bid from Capital Construction Group for construction of the Recycling Center building at 2222 Oakton Street at a cost of $898,699. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0). * Docket 201-7B-91: Central Street Arts & Crafts Fair - Consideration of a request from the Central Street Merchants' Association for a temporary event permit to conduct an Arts & Crafts Fair on August 10 and 11, 1991. This event will involve the use of public sidewalks and Independence Park for sales. It also proposes that Stewart Avenue be closed from Central Street to Livingston Street, and that parking be restricted in Parking Lot #4 from 6:00 P.M. to 10:00 P.M. for a concert to be held in Independence Park. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 202-7B=91: 1992 EVMARK/Gus Giordano Dance Congress - Consideration of a recommendation that the City Council would grant conceptual approval for the 1992 Gus Giordano World Jazz Congress to hold a street dance in 1992. Council approval would permit closure of a street, a one=day liquor license, and consider other expenses to be paid by the World Jazz Congress at a later date. 6R -5- July 22, 1991 1 Alderman Rainey on behalf of the Administration & Public Works Committee moved approval of the 1992 EVMARK/Gus Giordano Dance Congress. Seconded by Alderman Warshaw. Alderman Rainey said Council was asked for dates of July 17 and 18; a permit to sell soft drinks, beer and wine with EVMARK and the Arts Council coordinating the event. The Committee recommended elimination of sale of beer and wine; that a one -day liquor license not be issued because this is*a family event and these items are available in nearby restaurants if desired. Motion carried. No nays * Docket 203-7B-91: Soccer Field Capital Improvement Project - Consideration of a recommendation that the City Council authorize the City Manager to proceed with the soccer field capital improvement that appears in the 1990-94 Capital Improvement Program and is scheduled for September by utilizing available unencumbered bond funds from completed projects. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 204-7B-91: Private Industry Council Agreement - Consideration of a recommendation that the City Council authorize the City Manager to enter into an Agreement with the Private Industry Council of Cook County to provide personel for the operation of the Recycling Center. This docket item was held in committee. Alderman Rainey said the committee had questions about this docket item and it will be taken care of at the next meeting. * Docket 205-7B-91: Recycling Grant - Consideration of a recommendation that the City Council authorize the City Manager to accept a Recycling grant from the Department of Energy and Natural Resources in the amount of $50,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 206-7B-91: Resolution 62-R-91 - Lease of Van to Evanston Neighbors at Work - Consideration of proposed Resolution 62-R-91, by which the City Council would authorize the City Manager to execute the lease for a van to Evanston Neighbors at Work. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 207-7B-91: Resolution 63-R-91 - Eiden Park Easement Agreement Consideration of proposed Resolution 63-R-91, by which the City Council would grant the owner of 716 Washington Street an easement through Eiden Park necessitated by the fact that there is no access to the alley for residents of that address. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 208-7B-91: Resolution 64-R-91 - Parking Space for Wheelchair -Bound - 1506 Madison Street - Consideration of proposed Resolution 64-R-91, by which the City Council would create a reserved parking space at 1506 Madison Street and authorize the City Manager to issue a permit for a wheelchair -bound resident at 1506 Madison Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 209-7B-91: Ordinance 78-0-91 - Class D Liquor License - Noyes Street Cafe - Consideration of proposed Ordinance 78-0-91, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to authorize the issuance of a Class D Liquor License to the Noyes Street Cafe, 828 Noyes Street. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 210-7B-91: Ordinance 82-0-91 - Sale of Surplus Vehicles - Consideration of proposed Ordinance 82-0-91, by which the City Council would authorize the City Manager to sell sixteen used Police vehicles to the highest bidder at the August 5, 1991 bid opening. * MARKED INTRODUCED CONSENT AGENDA. Alderman Rainey moved that the rules be suspended in order to vote on proposed Ordinance 82-0-91 that evening because the bid opening will be on August 5, prior to the August 12 Council meeting. Seconded by Alderman Feldman. Motion carried. Alderman Rainey moved Council adoption of proposed Ordinance 82-0-91. Seconded by Alderman Lanyon. Roll Call.. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - None. Motion carried. (16-0) 98Z -6- July 22, 1991 Docket 211-7B-91: Ordinance 83-0-91 - Loading Zone.600 Church Street Consideration of proposed Ordinance 83-0-91, by which the City Council. would amend Section 10-11-10, Schedule X, of the Code of the City of Evanston to create a 15-minute loading zone on Church Street between Orrington and Chicago Avenues. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 212-7B-91: Ordinance 85-0-91 - R.O.P.D. "4" Boundary Changes Consideration of proposed Ordinance 85-0-91, by which the City Council would amend Section 10-11-18, Schedule XVIII, of the Code of the City of Evanston to add a portion of Davis Street to Residents Only Parking District "4". * MARKED INTRODUCED - CONSENT AGENDA. * Docket 213-7B-91: Ordinance 86-0-91 - Residential Exemption Parking District "E" Boundary Change - Consideration of proposed Ordinance 86-0-91, by which the City Council would amend Section 10-11-10, Schedule X(F), to add a portion of Harrison Street to Residential Exemption Parking District "E". * MARKED INTRODUCED - CONSENT AGENDA. Docket 190-7A-91: Ordinance 68-0-91 - 1991 Property Tax Levy - Consideration of proposed Ordinance 68-0-91, the 1991 Tax Levy Ordinance, introduced on July 8, 1991, which deals with the property tax portion of the 1991-92 Budget. Following is a table which compares proposed 1991 levies, payable in 1992, with 1990 tax levies, payable in 1991: 1990 1991 Percent Fund Levy Levy Increase General Fire Pension Police Pension SUB -TOTAL Debt Service (1) TOTAL $ 15,172,727 1,223,310 1,557,725 $ 17,953,762 5,225,907 $ 23,179,670 $ 15,705,939 3.5% 1,280,806 4.7 1,630,938 4.7 $ 18,617,683 3.7% 5,471,523 4.7 $ 24,089,206 3.9% (1) The Debt Service Levy is not included in the Ordinance since it is levied automatically by the County by reference to approved Bond Ordinances. Alderman Rainey moved adoption of the proposed Ordinance 68-0-91, the 1991 Property Tax Levy in the amount of.$18,617,683.00. Seconded by Alderman Lanyon. Alderman Rainey said she had asked to have this docket removed from the Consent Agenda in order to express her displeasure with the salary negotiations and wage agreements which cover several years, and especially the agreements in the area of health insurance. She argued that the amount contributed by city employees should be greater than it is now and is a cost that should not be borne by the taxpayers. Roll call. Voting aye - Wollin, Engelman, Lanyon, Fldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - Rainey. Motion carried. (15-1) * Docket 191-7A-91: Ordinance 76-0-91 - Metropolitan Water Reclamation District of Greater Chicago Sewer Repair on Chicago Avenue - Consideration of proposed Ordinance 76-0-91, introduced on July 8, 1991, by which the City Council would grant permission to the Metropolitan Water Reclamation District of Greater Chicago to perform sewer repair work on their interceptor sewer on Dempster Street from Hinman Avenue to Chicago Avenue and on Chicago Avenue froc Dempster Street to Lake Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (15-0) (Alderman Lanyon abstained from voting due to a possible conflict of interest) * Docket 192-7A-91: Ordinance 77-0-91 - Class B Liquor Licenses - Consideration of proposed Ordinance 77-0-91, introduced on July 8, 1991, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to decrease the number of Class B Liquor Licenses by one since Orphans of Evanston, Inc., has decided not to go into business at 818-822 Clark Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) 18Z, -7- July 22, 1991 / �y3 Docket 193-7A-91: Ordinance 79-0-91 - One -Way Alley - Sherman/Noyes - Consideration of proposed Ordinance 79-0-91, introduced on July 8, 1991, by which the City Council would amend Section 10-11-4, Schedule IV(B), of the Code of the City of Evanston to change the north -south alley west of Sherman Avenue and south of Colfax Street from two-way operation to one-way southbound. Alderman Rainey moved Council adoption of proposed Ordinance 79-0-91. Seconded by Alderman Wollin. Alderman Rainey asked that on the ordinance, the word "deleting" be changed to "adding." Roll Call. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - None. Motion carried. (16-0) PLANNING AND DEVELOPMENT COMMITTEE: Docket 214-7B-91: Extension of Validity of Ordinance 24-0-89 - 622 Mulford - Consideration of a request by Florian Jaworski and Joseph Marco that the City Council extend the validity of Ordinance 24-0-89 to February 27, 1993. Alderman Warshaw moved approval of extension of validity of Ordinance 24-0-89 pertaining to 622 Mulford Street, and that the extension be granted for a period of .'six months, as amended by the Committee, not not until February 27, 1993. Seconded by Alderman Lanyon. Roll Call. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - None. Motion carried. (16-0) Docket 215-7B-91: Plat of Subdivision - 202 Greenwood Street - Consideration of a request from Harry and Hilda Bieg for approval of a Plat of Subdivision for property at 202 Greenwood Street. The Plat of Subdivision is in proper form. Alderman Warshaw moved approval of the Plat of Subdivision at 202 Greenwood Street. Seconded by Alderman Esch. Alderman Warshaw asked Corporation Counsel Hill to make the presentation he had made to the Committee to the full Council. Corporation Counsel Hill said that he assumed the question would go back to whether or not this plat of subdivision is a ministerial act on the part of the Council and what does the ministerial act mean in relation to plat of subdivision. He cited a 1917 case that came before the Illinois Supreme Court that stated "there is no absolute discretion in the City Council as to approval of a plat; no discretion is vested in a City Council to refuse approval of a plat which conforms to the statute and does not fail to conform to provisions of the ordinances"; a 1923 case stated "when the applicable ordinances have been complied with, the act of approving the plat of resubdivision is a ministerial one and may be enforced by a mandamus; in another case (year unknown) the act of approval of a plat by village authorities is a ministerial one where the ordinances have been complied with and may be enforced by a mandamus. What the law means with respect to a ministerial act is itis an act under which or through which the City Council does not have discretion. The Council's role in that matter is to determine whether or not those steps have been complied with. Those steps that are necessary for approval of the plat. If complied with, it is a ministerial act and the City Council's is required to approve the plat. Another question that came up at the Planning & Development Committee dealt with whether or not those steps required by the City ordinance had been complied with. He said from the information supplied by staff persons involved that those steps have been complied with. He noted the plat on its face has blocks for various city officials' signatures who reviewed it and all the necessary signatures are on the plat. The plat requires a tax review by Cook County officials with respect to -the property and each plat of subdivision. The steps appear to have been properly complied with, and now it's before Council, in its function as a ministerial body, not a legislative body actually, to consider the plat of subdivision. Alderman Drummer asked Corporation Counsel Hill if the Council could hold the matter over. Hill responded that the Council could hold it for a very short period of time, for example, until the next meeting to verify the extent of the approvals of staff and that all the preliminary steps have been complied with. Drummer then asked if the plat of subdivision would eventually have to be approved by Council. /1� M2 July 22, 1991 Hill said that a plat of subdivision would have to be approved by this Council at some time. He said that passage of the overlay ordinance is down the road currently projected for February, 1992, and that is too long for the Council to hold the matter. Drummer then clarified that holding the matter over for two or three weeks would not address the matter that the neighbors raised this evening -- prevention of subdivision. Hill said action on the plat will occur and then it's up to the property owner to obtain building permits. Alderman Newman said that no Cook County judge would be critical of the Council, because the Council decided not to consider subdivision in a three-week period. He said it is common for legislative bodies to take their time on legislation and in his view the Council cannot be compelled to hastily exercise judgement by a court. He said that he didn't think the parties would have standing to file a lawsuit until they were actually denied. Newman said he thought the City had made some big mistakes in handling the issue of subdivision and that the City has to begin to correct these mistakes. He noted that first a Zoning Commission was appointed comprised of citizens to make recommendations to the Council. The recommendations were made in May, and that is when the window was opened for these subdivisions to start. He said, we basically said to the community - we're thinking about changing our zoning ordinance. So we gave every person with a large estate an incentive to try to beat our zoning ordinance, without giving the community any protection. He said we must begin tonight to close that window. He said he realized the Council was considering an entire zoning ordinance, but the very discussion of a new zoning ordinance has created a problem. He recalled that David Orr had mentioned the way Forest Avenue and Sheridan Road look should be a model for Chicago. He said that it's a model for everybody and every town. Alderman Newman then quoted Andrew Martin who said "I could have knocked my house down and gone to 7 lots on 50,000 square feet." And do you know what could have been done about it in this city - zero. We don't have a preservation law to do anything about it nor a zoning ordinance. We ought to be thankful that Mr. Martin is only coming in with what he has now, because we have nothing on the books to protect one of the things we all have so much pride in. Newman said the Zoning Commission has proposed an overlay district. He clarified that with a 20,000 square foot requirement, what it says is that in order to cut up your property, you will have to get permission of ZBA or the Plan Commission, so people in the neighborhood who are affected by these subdivisions have a chance to express their point of view and how their property may be affected. What is being done is to set up a fair process. The ordinance is not saying that there can be no subdivisions of less than 20,000 square feet. What I am asking Council to do is to immediately expedite the discussion of the estate overlay districts. Alderman Warshaw said that the overlay district is on the agenda for next Monday evening. Alderman Rainey commented that she saw parallels to the moratoriums on condominium conversions that took place some years ago. She asked Corporation Counsel Hill to talk about why this situation is different than the condominium conversions. Corporation Counsel Hill said that he did not say it was different. He said the city has the power to pass a moratorium ordinance. In a memo to the committee, he said he laid out the requirements to pass such an ordinance in the particular circumstances. Hill clarified that to pass a moratorium dealing with one particular aspect of this process, there must be distinct standards as to why. Why are we pulling out just this residential district and not pulling out the commercial or business districts which are affected by like amendments. Unless there are clear distinctions established, it cannot be done, he asserted. Alderman Engleman said there is a distinction between the condominium moratorium and what was suggested here. In the condominium moratorium, all residential property was handled equally, there was no discrimination against any owner, whereas here, the moratorium would not be appropriate to be applied to all residential property to accomplish the result. If it were, it would be wreaking havoc on development of other residential property in other areas that are not affected by the legitimate concerns of the Preservation League and those concerned with historic districts. Alderman Newman said that if the committee passes some form of overlay district or it's the sense of the committee that they are going to adopt it, 1 1 889 -9- July 22, 1991 that it not wait until next February. Everybody who wants an opportunity to respond to this should be given a chance to, but that we come back to Council and amend our current ordinance through whatever process necessary so that we can make the overlay district a reality by September or sooner. Alderman Fiske said that a lot had been said this week and last and there were many ideas in the air; a lot of opinion expressed on one side that evening; suggested that Council is confronted with two legitimate and conflicting points of view that cannot be resolved that evening. Without wishing to limit anyone elses discussion, Alderman Fiske was joined by Alderman Newman in requesting that the matter be held over. At the request of two Aldermen this item will be held over until the next meeting. Alderman Newman made a Reference to the Planning & Development Committee to consider an immediate amendment to the current zoning ordinance to incorporate the recommendations of the Zoning Commission in regard to the residential overlay districts. Alderman Newman moved that Council instruct the committee that it wants immediate action on this matter. He said he did not want to have to wait three weeks to start the process. If, on July 29, the Planning and Development committee makes a recommendation to support the overlay district, he would like for that committee to immediately start the process to work with the Zoning Amendments Committee to amend the zoning ordinance and not have this matter delayed any further. Alderman Engelman said that Alderman Newman is correct. This matter should not be delayed any further. He pointed out that it was stated recently that if any one wishes to amend that ordinance to include an estate overlay district they merely need to petition the Zoning Amendment Committee. There is a procedure to use in the current ordinance. If the Alderman wishes to file that petition or the Preservation League does, that is the appropriate .procedure to use. Alderman Brady supported Alderman Newman's reference to the Planning & Development Committee; said that the P&D Committee would want to reference it in the language in which it should be considered. It doesn't mean that citizens could not go before the Zoning Amendment Committee and speak out or amend what the committee says. She wanted the Reference to go from Planning & Development Committee to ZAC in order to have full discussion, hopefully next Monday and make an orderly Reference to ZAC. Mayor Barr said that the Reference does not have to be voted upon. Docket 216-7B-91: Plat of Subdivision - 144 Greenwood - Consideration of a request from Andrew and LauraLee Martin for approval of a Plat of Subdivision for property at 144 Greenwood Street. The Plat of Subdivision is in proper form. Alderman Warshaw said the committee had approved subdivision of 144 Greenwood Street. Alderman Fiske requested that the matter be held over according to Council Rule 19.12. Seconded by Alderman Newman. At the request of two Aldermen, this docket will be held over until the next meeting. * Docket 101-4B-91: Municipal Use Zoning Exemption re Citv Recycling Center - 2222 Oakton Street - Consideration of a recommendation to City Council to exempt the proposed Recycling Center from compliance with the side yard and rear yard regulations of the Zoning Ordinance. = APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 197-7A-91: Ordinance 75-0-91 - ZBA 91-1-V(R) - Variation - 1830 Ridge Avenue - Consideration of proposed Ordinance 75-0-91, introduced on July 8, 1991, by which the City Council in accordance with the Zoning Board of Appeals' recommendation, would grant the application of S.R. Frolichstein (contract purchaser) for a variation from the use regulations of the Zoning Ordinance to permit conversion of the existing building into a twenty -unit dwelling with accessory off-street parking on the property at 1830 Ridge Avenue. �I P76 -10- July 22, 1991 Alderman Warshaw moved Council adoption of proposed Ordinance 75-0-91. Seconded by Alderman Drummer. She reported the Planning & Development Committee recommended passage of the ordinance which permits the conversion of a now vacant building into residences. Alderman Drummer said he was going to support it but acknowledged the opposition of neighbors who reside near the property; said the developer had come up with a unique use for the property and to vote against it would be a disservice to citizens. In the long run, commercial use of this property would create more traffic and nuisance to the neighbors than would residential use. This will be an.enhancement to the neighborhood and pressure on businesses to create a more wholesome atmosphere; housing is sorely needed in Evanston and this housing is affordable. He noted that the developer had agreed to a list of terms to alleviate a lot of the concerns. Urged Council members to vote approval. Alderman Esch agreed with Alderman Drummer's approval for project; raised the issue that in our society we seem to be placing greater limits on personal liberty and on private rights; disturbed at number of conditions that are attached to the property; understood developer in his zeal to get property approved, had agreed to all conditions; people who buy -these properties will have no one to represent their rights; what offends her is the seven-ft. solid wood fence to be erected on the westerly portion of the roof deck from the penthouse to the walkway connecting the roofdeck to the stairs and along the northerly portion of the walkway to bar vision to the west; she said that when we have to incorporate into law a concern that neighbors may peep down from an upper floor into our residence, that is distressing when talking about community; we have laws against peeping toms; we also have a limitation on the number of occupants to no more than 3 unrelated persons; in this case we have said it could be no more than two unrelated persons; pointed out that a Council that enacts laws that cannot be enforced to cover laws already on the books looks ridiculous; favors completion of project. Alderman Brady in response to Alderman Esch hoped for adoption with the conditions as stated because the transcript was thorough, citizens had a lot of input; felt Northwestern students could be tenants in these units; most importantly, developer agreed to these conditions; most of the units are under 1,000 square feet; wooden wall was a compromise between the neighbors and the developer and zoning board; Alderman Kent asked that it be removed; said he doesn't see how a Council that represents all people in Evanston could support such an ordinance; said the Dewey Community Conference put out a flyer saying that he had abstained from the vote and that he favored a home for runaway boys; clarified that he had voted no; said housing for runaway boys was needed here; through P&D meetings and minutes it stated that the developer did not listen to any suggestions that would help our community. Nothing is heard about the homeless, the troubled teenage youth, the battered women and their plight, nor anything about the hardworking families who cannot afford a condomium. If 1830 Ridge was in the 5th Ward, other uses could be envisoned for it, like scattered site housing; can't understand what the objection is when we have a chance to actually help some people out who need the help; don't understand how we can bypass all these people. People are sleeping under the ramp at Ebenezer Church, not because Ebenezer Church is not doing their job; it states here the developer didn't even listen to other suggestion; says its our duty to listen to other suggestions. People are living and dying on the streets. We have a problem here which should be looked at. It is a beautiful opportunity to make this community stand up for what its supposed to be and that's a caring community. Maybe we only say we are a caring community. If we bypass this and we don't look into other options we are not a caring community because we left these people on the street. The attitude is let them find help somewhere else. I don't see how we can continue in that direction. In response to Alderman Esch Alderman Drummer said that he does not think the amendments are overburdensome to the developer. What we have here is a commercial zone next to an R3. Doesn't see anything unreasonable about putting conditions on any variation that comes to commercial property that abutts residential property; can be horrendous and disturbing to the neighbors; once these developments are intact, neighbors have trouble getting redress; in response to Alderman Kent, this is a 2nd Ward development and we support it; it is not that we are not concerned about the homeless; have tried to address it numerous times; also with youth and runaways; this is a private development 1 1 98Z -11- July 22, 1991 and we have no say to the developer that he must use this property for social service needs; encourage you to continue your efforts to address those issues; think this is not the appropriate time to do that. Alderman Newman called for the question. Seconded by Alderman Davis. Motion carried. Roll call on 75-0-91. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Moran. Voting nay - Kent. Motion carried. (15-1) Docket 173-6B-91: Ordinance 58-0-91 - ZBA 91-2-V&SU(R) - Variation and Special Use - 322 Sherman And 355 Ridge - Consideration of the Zoning Board of Appeals' recommendation that the City Council grant the application of The Sisters of St. Francis Health Services, Inc., a not -for -profit corporation, d/b/a/ St. Francis Hospital, to permit: (1) a special hospital use for expansion of the hospital campus; (2) a special hospital use for construction of a proposed child care institution and accessory play lots, on the premises; and (3) variations from the rear yard, side yard, and yard obstruction regulations of the Zoning Ordinance to permit construction of a proposed child care institution with- out supplying the required 25-foot rear yard and 25-foot south side yard setbacks, and installation of a proposed pre-school play lot to serve said child care institution in the required south side yard on the property at 322 Sherman Avenue. The property is zoned R6 General Residence District. This docket item was held in committee. OTHER COMMITTEES: * Docket 217-7B-91: BE -HIV Funding Allocation - Consideration of a recommendation that the City Council allocate $5,000 for an agreement between Evanston Township and BE -HIV to provide services for General Assistance clients who are HIV positive. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) APPOINTMENTS: Mayor Barr asked for confirmation of Scott-W. Cleave III, 1802 Colfax Street, for appointment to the Housing Commission, term to expire July 1, 1994. Alderman Drummer moved Council approval of this appointment. Seconded.by Alderman Esch. Motion carried. No nays. Mayor Barr asked for confirmation of Robert K. Costello, 2135 Sherman Avenue, for reappointment to the Police Pension Board, term to expire May 15, 1993. Alderman Drummer moved Council approval of this reappointment. Seconded by Alderman Esch. Motion carried. No nays. Mayor Barr asked for confirmation of Judy Ferguson, 712 Michigan Avenue, for appointment to the Farmers' Market Commission, term to expire August 1, 1993 and of Diane Petkus, 1110 Davis Street, for appointment to the Farmers' Market Commission, term to expire August 1, 1994. Alderman Lanyon moved Council confirmation of these appointments. Seconded by Alderman Brady. Motion carried. No nays. Mayor Barr asked for confirmation of Theresa Gimpel, 1319 Brummel Street, for appointment to the Arts Council, term to expire August 18, 1994. Alderman Feldman moved Council approval of this appointment. Seconded by Alderman Brady. Motion carried. No nays. Mayor Barr asked for confirmation of Andrew J. Heindel, 742 Asbury Avenue, for appointment to the Library Board, term to expire July 1, 1994. Alderman Fiske moved Council confirmation of this appointment. Seconded by Alderman Feldman. Motion carried. No nays. Mayor Barr introduced the name of John Foster Lesch, 800 Michigan Avenue, for appointment to the Playground and Recreation Board. =6 o�- -12- July 22, 1991 CALL OF THE WARDS: Alderman Newman complimented the Township Committee on the way they handled this year's budget. He said he had attended several of the meetings and found the process to be a model for the City on the City budget. He said they went over literally every line and made many deletions to the budget; served the taxpayers well. The reason there was no debate on the budget was because they had done an excellent job. He asked the committee to continue to act on his Reference to make the General Assistance Program a Receiving Township; said he had made that reference when he was elected to Council; said he didn't know where it is on the agenda, but hoped it will be looked at soon; he pointed out that the recent budget package that was passed by the General Assembly made several changes to the state's General Assistance Program as to the length of time someone can receive a grant and suggested that the Township Committee and the Trustees be ahead of the game and anticipate what possible implication those changes will have upon Evanston; expressed hope that would be done within the next few months. Alderman Newman referred to a Sun Times article about the use of EL -stops and said that three of the least used EL stops were in Evanston - Dempster, Noyes and Foster. He said that in the 1st Ward they had been trying to work with the neighbors in terms of building up of awareness around Noyes Street. Suggested that the City must go on the offensive and think about ways that can possibly increase useage of those EL stops. It's either use em or lose em. He said he thought it would be disastrous for any one of those EL stops to be lost in Evanston. He made a Reference to the Administration & Public Works Committee to look into the isssue of potential EL stop closures. Referring to Recreation Board minutes, Alderman Newman spoke about the rental of rollerblades near Dawes Park; said he was concerned about this due to calls from citizens about rollerblading. He said he found it ironic that while many citizens want the City to do something -- to curtail rollerbladding knowing the situation with our Police department while we have another city agency actually encouraging the use of rollerblading along the lake front where people walk. Human Services should review this and come back with a report. At a minimum, he suggested the City should have some rules and regulations that_go along with rentals of rollerblades and ought to consider whether or not this is something the City wants to promote. The last item Alderman Newman referred to concerned Alderman Nelson's list of budget recommendations. The entire list of references was referred to staff by the Budget Policy Committee. The process used by the Budget Policy Committee should be reconsidered, he said, because there are many recommendations that Alderman Nelson made that will not get more than one vote on the Council; does not want to see staff time spent on recommendations that are not even close to a chance of approval. He hoped that Budget Policy will reconsider the Reference and eliminate many of the recommendations, though there were some good, not all should kept. Alderman Paden invited citizens and the Council to the Betty Burns Paden's 5th Annual 2nd Ward Picnic, Saturday, August 3, 1991 from 2:00 P.M. to 5:00 P.K. in Penny Park. She said there will be lots of food, games, prizes, music and activity. She said last year there were 1,000 participants. She mentioned that Steve Reinfrank's wedding was that day and that he would not be playing as he had in former years. Alderman Drummer thanked Alderman Newman for his kind words about the Township Committee and reassured Newman that the Committee would deal with the issue of making Evanston a Receiving Township. He said that the reason for not dealing with it were city and state budgets. He said the committee had talked about the idea of a contract and length of stay on the rolls. He said the matter would be brought forward soon. Alderman Davis thanked staff for their prompt attention to fallen trees and broken branches due to a recent storm. It was frightening at the time she said, but staff responded by working all night. They did a good job and it was appreciated in the 3rd Ward. Alderman Kent thanked the Sanitation Department for their help with another successful cleanup in Precinct 4. He announced the first 5th Ward meeting on August 9 at the Fleetwood-Jourdain Community Center from 6:00 P.M. to 9:00 P.M. and on Saturday, August 10, a community picnic from 12:00 Noon to 4:00 P.M. Ljx6m -13- July 22, 1991 Alderman Rainey said everything Alderman Newman said about the Township Committee is correct. Speaking in reference to the properties scheduled for subdivision, she stated that displacement is wrong and here is a clear opportunity for development that will not displace people. Alderman Warshaw announced that next week's Planning & Development Committee meeting will cover the overlay districts; and will not cover university districts overlay nor the off-street parking. It was decided the overlay districts and one other chapter scheduled will take up more time than could possibly fit in one evening. She indicated the university districts and off-street parking will be discussed later because the agenda is too full. Alderman Wollin reminded everyone that the National League of Cities meeting is in December. The Rules Committee should have travel requests by the August 6 meeting. The September meeting will be the last opportunity to request as that is when ticket prices go up. The City Clerk has travel request forms that should go to the Rules Committee. Mayor Barr asked for a motion to go into CLOSED SESSION. Alderman Lanyon so moved. Seconded by Alderman Heydemann. Roll call. Voting aye - Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran. Voting nay - none. Motion carried. (16-0) The Council took a ten minute recess then went into CLOSED SESSION at 11:00 P.M. and adjourned from CLOSED SESSION at 11:15 P.M. MARY P. MORRIS DEPUTY CITY CLERK 1 1 06 1 1 i 0