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HomeMy WebLinkAboutMINUTES-1991-08-12-1991E 1 f; CITY COUNCIL August 12, 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, August 12, 1991, at 9:10 P.M. ROLL CALL - PRESENT: Alderman Rainey Alderman Lanyon Alderman Feldman Alderman Warshaw Alderman Fiske Alderman Newman Alderman Paden Alderman Drummer A quorum being present. ABSENT: Aldermen Davis and Kent TARDY: None PRESIDING: Mayor Joan W. Barr CITIZEN COMMENT: Alderman Brady Alderman Esch Alderman Heydemann Alderman Washington Alderman Moran Alderman Nelson Alderman Wollin Alderman Engelman Edmund G. Pabst, 425 Grove Street, discussed the proposed plats of subdivision for 144 and 202 Greenwood; reviewed the testimony he had previously given in opposition to a moratorium before the Planning & Development Committee; said it was unfair to deprive a property owner of rights afforded to other property owners; adopting the plats will not result in a land rush; subdivision of the Martin property (144 Greenwood) will result in an extra 16,000 square foot lot, which is more than double that currently required in an R1 zone and compatible and comparable with other lots in the neighborhood; subdivision of the Biegs property will result in two lots of over 9,200 square feet, which is also larger than the lot size currently required by zoning in that area; the lot with the Biegs front lot is compatible with the frontage of the lot to the west; failure to approve the plats would amount to confiscation of the owner's land by depriving them of their right to use it as they see fit; if the City wants to deprive owners of their rights, they should be prepared to compensate them; suggested that the lots would probably be sold to families with children, which is desirable and suggested that substantial houses would be built on the property which would enhance the tax base; urged Council to pass the plats of subdivision. NZ /91 -2- August 12, 1991 John Malkinson, 1121 Oakton Street, stated that this is not a question of landowner rights, but one of whether a landowner is entitled to a permit for a zoning use when consideration of a zoning change is already underway which would eliminate the ability to use the property in that fashion; City Council has to restrict itself to that question; suggested that Corporation Counsel Siegel and the Preservation Commission have cited cases to support his contention; cited other recent cases which he said are relative to this case; the issue is not constitutional, but one of municipal governance;. expressed concern about the precedent Council may be setting if it grants these plats of subdivision; made reference to letters written by Mr. Martin and Mr. Biegs and questioned certain allegations contained in them. Neil Elliot, 732 Michigan Avenue, discussed lawyers, lawsuits, punitive damages and the legal exposure that the City of Evanston may have if the plats of subdivision do not pass; said the City of Evanston cannot do anything to diminish the value of the property without compensating the owners; questioned why many Preservation League members seem to live in Glencoe and Skokie when they could live in Evanston; suggested that neighbors who have lived in Evanston a shorter period of time -should not lecture long-term residents on community interest; reminded the Council that the owners are not asking to build a toxic waste dump, gambling casino or school for burlesque dancers but only three homes for millionaires; urged them to use their best judgement. Alderman Newman moved to extend Citizen Comment by ten minutes. Seconded by Alderman Paden. Motion carried. Phil Scott, 7505 Lowell, Skokie, President of the Preservation League of Evanston, said that the Council does have discretion in their vote on subdivisions; suggested that legal opinions have given them that right and implied duty; reminded Council of the reference before the Zoning Amendment Committee (ZAC) concerning an estate overlay district; questioned certain statements made by Mr: Martin in his letter to the Council; said that the Council owed it to the citizens and the Preservation League to delay action on the plats of subdivision until ZAC has made a finding; the problem here is that people want to use their property based on a 30-year old ordinance which the community wants to revise to provide protection for sensitive historic areas; you cannot have your cake and eat it too - you must either decide to protect historic areas or allow subdivisions to unfold at whatever pace they will until a comprehensive zoning ordinance is adopted; Preservation League asked Council to delay action until the new zoning ordinance is adopted; said land use issues divide many communities and there is nothing immoral about expressing community interest over an individual property owner. David Galloway, 237 Greenleaf Street, President of the Preservation Commission, said that this is not a question of denying individual homeowner's rights, but is an issue of reviewing a proposal before Council in light of pending legislation which would prevent them from doing what they would like to do; urged Council to review Corporation Counsel Siegel's opinion which states that Council has the right to delay action and urged them to review it in light of the precedent -setting event this may be; encouraged Council to act responsibly and keep in mind that, in the opinion of the Preservation Commission, the alterations that would be made to these lots are detrimental and unalterable. MINUTES: Alderman Feldman moved that the minutes of the Regular Meeting of July 22, 1991, as submitted in writing to the members of the City Council, be approved without reading. Seconded by Alderman Warshaw. Motion carried. No nays. COMMUNICATIONS: City Clerk Kirsten F. Davis announced receipt of a communication from the Illinois Department of Revenue reporting that the Auto Rental Tax for Evanston for the month of June, 1991, has been reported and collected as follows: Auto Rental Tax Collected $ 1,781.02 Less 1.6% administration fee 28.49 Amount to be remitted $ 1,752.53 Alderman Nelson referred this communication to the Finance Director. 1 1 169 -3- August 12, 1991 /f2, City Clerk Davis reported receipt of two letters protesting the use of animals in research experiments at Northwestern University. Alderman Nelson referred these communications to the Police Services Committee. City Clerk Davis announced that she had received a communication from the Chamber of Commerce informing the City that the November issue of North Shore magazine would contain a special feature on Evanston in . Mayor Barr announced there would be a CLOSED SESSION to discuss pending litigation, real estate acquisition and personnel. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Nelson moved Council approval of the Consent Agenda with the following exceptions: Docket 215-7B-91: Plat of Subdivision - 202 Greenwood; Docket 216-7B-91: Plat of Subdivision - 144 Greenwood; Docket 218-8A-91: Jans Golf Course Fencing; Docket 219-8A-91: Resolution 56-R-91 Application for Outdoor Recreation Grant; Docket 220-8A-91: Ordinance 88-0-91; under Purchases, Evanston Gateway Signs Construction; Docket 223-8A-91: Resident Exemption Parking Districts Visitor Permits; Docket 211-7B-91: Ordinance 83-0-91 Loading Zone for 600 Church Street. Seconded by Alderman Drummer. Roll Call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Brady, Esch, Heydemann, Washington, Moran, Nelson, Wollin, Engelman. Voting nay - none. Motion carried. (16-0) PLANNING AND DEVELOPMENT COMMITTEE: 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 Council approval of the plat of subdivision. Seconded by Alderman Brady. Alderman Fiske said that this is an issue of preservation versus fairness of an economic kind. As Aldermen, it is our duty to be fair and to hold on to what is good in Evanston. Our task is to decide where we will wind up on a scale balancing those two interests. He said he was mindful of the reasonableness of the subdivision and also of the additional families that would enjoy our city and pay taxes. Also if the overlay is worthy of consideration the possibility of the overlay must be preserved. Alderman Newman said he had had many communications on this subject and had given the matter a lot of thought. He said that he could draw a distinction between the plats requested for 202 and 144. He said that 144 did not violate either the current or proposed ordinance. He said he felt that the 202 subdivision came about because the Zoning Commission put the proposed overlay district on the table in June. He said he was unaware of any contract for the sale of the property at 202 Greenwood. He pointed out that this was a historic district and many people in that neighborhood worked hard to take care of their property to make the neighborhood what it is; he pointed out that the Biegs' home has the value it does because of what neighbors have done to preserve this historic district. Placing a house between the Biegs house and the home to the west will change the character of the area. Evanston has made a decision to be different from Chicago. We look at decisions made in the name of tax revenue and those made in the name of preseration. Zoning is the right of a community to place restrictions on what owners can do. We have a pending ordinance that was approved by a vote of the Planning & Development Committee which allows Council the right to exercise a "pending ordinance document" and to do something about those people who run to the Clerk's office to try and beat what the City is trying to do. The courts have upheld the right to withhold those approvals. If action is withheld on 202 Greenwood, it means that our process will continue and the Biegs will have the right to go to the Zoning Amendment Committee (ZAC) and the Council and to participate in the political process. Ultimately, if the Council does not approve the proposed zoning ordinance, then they will get their plat of subdivision. If the Council approves the plat of subdivision tonight and then decides that that type of subdivision that they are requesting is illegal, then we are cheating the other citizens who elected us and the other residents of that V6Z 1p -4- August 12, 1991 historic district. He urged Council to read Corporation Counsel Siegel's legal opinion and pointed out that it says that Council can do the same thing it.did during condominium conversions and withhold action. There will be no direct damages to the Biegs because they,don't have any contracts pending, they are talking about the future. He also reminded Council that the Biegs can go through the Planned Development process as a way to seek to additional ways to use their excess square footage. Planning & Development has proposed a reduction in required lot size in the estate overlay district to 15,000 square feet and the Biegs subdivision would violate that. He pointed out that two other property owners have inquired about subdividing their lots. The neighborhood wants these subdivisions stopped because it will change the character of this historic district by sandwiching a house in between two historic houses. Alderman Brady reminded Council that she is the Alderman who lives closest to the property. She assured Council that not all the neighbors want the plats of subdivision held. She said that Corporation Counsel Siegel had set down the issues clearly in his legal opinion, which she feels gives the Council more discretion on 202 than on 144 Greenwood. "The Council has made a Reference to ZAC to consider the estate overlay district for a small area." With that Reference, she said she would be disinclined to approve any further subdivisions for that area because now there is pending legislative action. She announced she would vote for the plat of subdivision because of the pain and suffering the Biegs have gone through. They are only asking for two additional lots, one of which will not be visible from the street. She said that those additional lots will not be a tragedy, houses on that property will not change the character of the neighborhood or the nature of the historic district. At the request of Alderman Warshaw, Chair of the Planning & Development Committee, Corporation Counsel Siegel reviewed the major points covered in his legal opinion of August 8 concerning the plats of subdivision. He emphasized that it is a well established doctrine under Illinois law that a municipality has a right to defer action on even ministerial acts when there is under active consideration a legislative act which would, in effect, bar the action which is proposed. This doctrine was first ennunicated in the Palatine Case and reaffirmed by later cases. The property owner has no vested right in the continuation of law. He also pointed out that a series of cases, which hold that parties who have substantially changed their position and incurred obligations in reliance upon the existence of a current zoning ordinance, such parties are exempted or immune from any change which would divest them of their vested rights. He said that he had no judgement as to whether Council should approve or disapprove these plats, but simply pointed out that Council does have the authority to delay action on the subdivision if it would not be permitted under actively pending legislation - as long as there is active consideration that will come to fruition in the reasonably near future. He cautioned them that this was not an invitation to defer consideration indefinitely. He responded to questions from Aldermen Rainey and Feldman, Mayor Barr, Aldermen Newman, Fiske, Engelman, Warshaw and Heydemann, clarifying that the difference between the Biegs application and a future application by someone else, is that there is "active legislation" pending now that a hearing has been scheduled on a specific portion of the proposed zoning ordinance for the Zoning Amendment Committee. In the Martin case, there appears to be evidence of "substantial change" in position based on the existing ordinance, and if established factually, would allow a distinction to be drawn between the Martin's case and the Biegs case. He reminded Council one must treat similar situations in a similar manner, absent any substantial change in position. Otherwise there is an equal protection argument. Council has the right to approve both plats of subdivision tonight because they meet the law as it presently exists, but it also has the option to defer consideration of these matters (unless either shows evidence of substantial change in position in reliance on the existing law). You must apply this criteria to any . subdivision that falls within this small area because the reference to ZAC is not a citywide reference, but only in this specific area. All applications for subdivision in this area must be treated in the same manner. You cannot approve something tonight and deny a similarly situated property at the next meeting. 86Z -5- August 12, 1991 Mr. Siegel questioned whether you could consider the zoning ordinance "under active consideration" eighteen months ago when it was in its very early stages. By June 3 when the proposed zoning ordinance was given out to the aldermen, it's contours were pretty well established, and, while there may be some changes, this was a milestone in the development of the ordinance and it was in sufficient form to constitute a document that could be considered "under active consideration." However, he pointed out that the legislative process should not depend on a legal opinion. He said he would feel comfortable defending the contention that it was under active consideration after June 3, if there was no substantial change in reliance on the old ordinance. He pointed out that he was less concerned about the substantive nature of the ordinance as long as the general subject (i.e. an increase in required lot size for this area) is still basically the thrust and thus would be considered "under active consideration." All applications that come in after the date the ordinance is considered "under active consideration" should be treated in the same manner. Alderman Esch suggested that Council look at the dates the Biegs applied for their plat of subdivision. She suggested that the process must have begun before June 3. She stated her support for the plats and the rights of ownership. She pointed out that the Constitution supports the rights of property owners. Alderman Esch suggested that all those who wish to maintain the property as open land should get together and purchase it and maintain it as open space. She questioned the need for an overlay district, pointing out that there are ample controls governing building in R1 Districts. Alderman Newman pointed out that the consultants who help draw up the zoning ordinance discussed whether the overlay district constitutes a "taking" and based on their extensive national experence, it was not considered a "taking" or confiscation of property. He said that he did not feel that drawing the line at the ZAC Reference was appropriate. He said he didn't feel good about the problem the Biegs had had with this plat, but the problems they have gone through, they have initiated. He suggested that it will do no harm to defer the Biegs plat. He said he felt that their case was different from the Martins in that there is no evidence the Biegs acted on the old ordinance. He reported that the overwhelming response he had received was in opposition to subdividing a this property. He further suggested that if Council approves that plat, it opens the window to all other subdivisions in this area. Alderman Nelson moved to table this docket item. Seconded by Alderman Newman. Motion carried. 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 moved Council approval the plat of subdivision. Seconded by Alderman Feldman. In response to a question from Alderman Rainey as to whether the city had any documents on the pending.sale of the property, Director Housing and Property Services Rudd said the city had received no documents. Alderman Warshaw reminded Alderman Rainey that the Aldermen had seen copies of the letter from Mr. Martin, where he stated that he had a contract for sale and had also received a copy of a letter from Dr. Griffith, a friend of the prospective buyer. Alderman Rainey stated she would like to see that documentation before voting on this plat and moved to table the plat pending receipt of the documents. Seconded by Alderman Washington. Voice vote, motion failed. Alderman Warshaw pointed out that the Reference made by the Planning & Development Committee to ZAC on lot size,.if passed, would still permit the subdivision proposed by Mr. Martin for 144 Greenwood. At the request of Alderman Brady, Mayor Barr asked Mr. Martin, who was in the audience, if he had documents relating to the sale of the property with him. Mr. Martin replied that he did not but could go home to get them. 96Z 45 -6- August 12, 1991 Alderman Newman reported that he had he was handling the closing on this to the subdivision, he is convinced this property. received a call from an attorney who said property for Mr. Martin. Although opposed there is a contract pending for sale of Alderman Moran said that he was concerned with being consistent in this matter. He pointed out that while Mr. Martin's proposed subdivision is consistent with the recommendation made by Plannig & Development to ZAC, there is no guarantee that they will adopt it in the proposed form or whether the committee will adopt the recommended estate overlay district. The point of deferring this is to await the outcome of the legislative action. Alderman Rainey reiterated that the only way to be consistent is to table this proposed plat until ZAC makes its determination. Voice vote on the plat of subdivision for 144 Greenwood. Motion carried. Docket 218=8A-91: Jans Golf Course Fencing - Consideration of a request from the Peter N. Jans Golf Course Board of Directors that the City Council approve a plan for screening of two tees under provisions of the North Shore Channel Greenbelt District. Alderman Warshaw moved Council approval of the request as amended by the committee to eliminate the four southernmost posts by the second tee. Seconded by Alderman Rainey. Motion carried. Docket 219-8A-91: Resolution 56-R-91 - Application for Outdoor Recreation Grant - Consideration of proposed Resolution 56-R-91, by which the City Council would authorize the City Manager to apply to the Illinois Department of Conservation for an Outdoor Recreation Grant through the Open Space Lands Acquisition and Development Division to redevelop Cartwright, Clyde-Brummel, Harbert, McCulloch, and Southwest Parks. This docket item was held in committee. Alderman Rainey questioned why the grant application was being held in committee. Don Wirth, Director of Parks, Recreation & Forestry, explained that the grant required the Administration & Public Works Committee to re -prioritize certain capital improvement items for 1992. The committee will take that up on August 26. Docket 220-8A-91: Ordinance 88-0-91 - Comprehensive Amendment to the Zoning Ordinance - Consideration of proposed Ordinance 88-0-91, by which the City Council would adopt a comprehensive amendment to the City of Evanston Zoning Ordinance. This docket item was held in committee. ADMINISTRATION AND PUBLIC WORKS COMMITTEE: Bills and Payroll Approval, as recommended, of City of Evanston bills for the period ending August 7, 1991; for the City of Evanston payroll for the period ending July 28; for City Council payroll for the month of July 1991; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $2,786,020.69 City of Evanston payroll 1,261,284.18 City Council payroll 6,300.00 tAPPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) 96Z -7- August 12, 1991 /6 PURCHASES * Approval of low bids from the following: Tonyan Brothers for Sand at an estimated annual cost of $15,246; Vulcan Materials for Stone for an estimated annual cost of $47,690.00; Builder's Ready Mix for Concrete at an estimated annual cost of $14,000; Sherwin Corp for Sylvax at an estimated annual cost of $15,000. BID SUMMARY: SAND Bidder FA 1 (30 Tons) FA 2 (2,000 Tons) Total Bid Tonyan Brothers $8.20 $7.50 $15,246.00 McHenry, IL Vulcan Materials No Bid 7.50 Countryside, IL STONE Bidder CA 6 (5,000 Tons) CA 7 (300 Tons) Total Bid Vulcan Materials $8.95 $9.80 $47,690.00 Countryside, IL CONCRETE Bidder Prices per Cubic Yard (250 Cubic Yards) Total Bid Builder's Ready Mix $56.00 $14,000.00 Evanston, IL SYLVAX Bidder price per Ton (200 Tons) Total Bid Sherwin Corp. $ 75.00 $15,000.00 Milwaukee, WI Palumbo Bros 102.00 20,400.00 Hillside, IL APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Approval of a proposal from Desman Associates to design plans and bid specifications and to provide on -site inspection of repairs for the Sherman Avenue Parking Garage in the amount. of $15,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Alderman Rainey moved Council approval of the low bid from D. Linari Construction for the construction of four gateway signs at a total cost of $20,000.00. BID SUMMARY: Bidder Total Cost D. Linari Construction, Inc. $ 20,000.00 Highwood, IL A.L.L. Masonry Construction Co. 27,354.00 Chicago, IL Seconded by Alderman Warshaw. Alderman Rainey explained that the committee had amended the purchase to include an additional sign at Howard and Ridge. Alderman Nelson said he was the dissenting vote because he saw no rationale for an additional sign at that location. Alderman Brady reminded the Council that there had been a comprehensive study of signage at entrances to the city and the Ad Hoc Sign Committee had suggested that the City start with three signs and evaluate their effectiveness. Alderman Rainey strongly emphasized that the entrance at Ridge and Howard was a very different entrance from the one at South Boulevard Beach and suggested that the Plan: Commission was not known to pay attention to South Evanston. She emphasized that it was important for the south end of the City to identify with Evanston and not Chicago. She said she would be willing to take the sign from Sheridan Road if the 3rd Ward Aldermen were willing to give it up. Iq -8- August 12, 1991 Alderman Lanyon said his colleague had come up with a brilliant solution to help out south Evanston. He said there are four cardinal points of entrance and it might be successfully argued that the Sheridan Road entrance is the east entrance to town. He pointed out that a newly designed metal Evanston sign had been placed on a utility pole and it was difficult to see. He pointed out that an excellent opportunity for placement of the sign one half block north on the east side of the street has presented itself. A new development will be built on that site and it is hoped that the .City can work out an accomodation with the developer for placement of the sign. 'He related a story about how 8th Ward residents had worked zealously on Keep Evanston Beautiful Day and even crossed Howard Street into the 50th Ward to pick up trash to clean up the street. He said that the sign would give residents in the 8th Ward a sense of importance and dignity. In response to a question from Alderman Heydemann about how the signs would be evaluated after installation, Interim Director of Planning, Charmain Borys, said that no evaluation process had been developed, but a mock up of the sign had been made. Alderman Nelson said that he would be happy to move the sign from Sheridan Road to Howard Street. Alderman Newman said that he didn't feel as though a distinction should be drawn between Ridge and Sheridan Road. Alderman Lanyon disagreed with Alderman Nelson and suggested the Council not pit one part of the city against the other. Vote on the gateway signs. Roll call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Brady, Esch, Heydemann, Washington, Moran, Wollin, Engelman, Voting nay - Nelson. Motion carried. (15-1) * Approval of the bid from Central Rug and Carpet Co. for Civic Center Carpeting at the unit prices bid for a total estimated cost of $20,080.00 Bidder Removal Per Square Yard Install per Square Yard Estimated Total Cost Central Rug $1.50 $23.50 $20,080.00 and Carpet Co. Evanston, IL APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Approval of the proposal from Infracon Infrastructure Management Consultants, Inc., for a MicroPaver Reinspection Program at a total cost of $11,720.00 (Non -bid item, requires-2/3 majority vote) * 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 personnel for the operation of the Recycling Center. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 221-8A-91: Chamber of Commerce Tasters' Fest - Consideration of the request of the Evanston Chamber of Commerce to hold their annual Tasters' Fest on September 7 and 8, 1991 on Sherman Avenue from Church Street to Davis Street. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 222-8A-91: Use of Capital Improvement Program Funds for National Endowment for the Arts/Illinois Arts Council Grant - Consideration of a recommendation that the City Council commit to placing $18,000 in the 1991-92 Capital Improvement Program for library public art to also serve as the match requirement for the National Endowment for the Arts/Illinois Arts Council Grant, and authorize the City Manager to sign the grant agreement between the City of Evanston and the NEA/IAC. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 223-8A-91: Resident Exemption Parking District Visitor Permits - Consideration of a recommendation that the City Council authorize the issuance of permits for visitors in Resident Exemption Parking Districts. This docket item was held in committee pending a discussion of the consultant's report. * Docket 224-8A-91: Resolution 67-R-91 - Adult Community Outreach Network Lease Renewal - Consideration of proposed Resolution 67-R-91, by which the City Council would renew the lease of the Civic Center Boiler Building Apartment to the Adult Community Outreach Network for the period August 1, 1991 to December 31, 1992. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) LN -9- August 12, 1991 * Docket 225-8A-91: Resolution 68-R-91 - Georgian Hotel Easement Agreement - Consideration of proposed Resolution 68-R-91, by which the City Council would authorize the City Manager to enter into an easement agreement with The Georgian long-term care facility to be used to place a water supply line and an electrical service line from their building across the alley to their garden area. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 226-8A-91: Resolution 69-R-91 - Motor Fuel Tax Paver System Update - Consideration of proposed Resolution 69-R-91, by which the City Council would authorize the allocation of $11,720 in Motor Fuel Tax Funds for reinspection of the pavement condition of a portion of the City's streets. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL.'(16-0)' * Docket 227-8A-91: Resolution 70-R-91 - Motor Fuel Tax Contract Maintenance - Consideration of proposed Resolution 70-R-91, by which the City Council would authorize the expenditure of $200,000 in Motor Fuel Tax Funds to be used for maintenance, by contract, of certain City streets. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 228-8A-91: Resolution 71-R-91 - Reserved Space for Wheelchair -Bound - 582 Sheridan Square - Consideration of proposed Resolution 71-R-91, by which the City Council would establish a reserved parking space for the wheelchair -bound at 582 Sheridan Square. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) * Docket 229-8A-91: Resolution 72-R-91 - Reserved Space for Wheelchair -Bound - 618 Callan - Consideration of proposed Resolution 72-R-91, by which the City Council would establish a reserved parking space for the wheelchair -bound at 618 Callan Avenue. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 230-8A-91: Ordinance 87-0-91 - 4-Way Stop - Keeney/Dewey - Consideration of proposed Ordinance 87-0-91, by which the City Council would amend Section 10-11-5 of the Code of the City of Evanston to establish a four-way stop at the intersection of Keeney Street and Dewey Avenue. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 209-7B-91: Ordinance 78-0-91 - Class D Liquor License - Noyes Street Cafe Consideration of proposed Ordinance 78-0-91, introduced on July 22, 1991, 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. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 211-7B-91: Ordinance 83-0-91 - Loading Zone 600 Church Street - Consideration of proposed Ordinance 83-0-91, introduced on July 22, 1991, 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. Alderman Rainey moved Council adoption of proposed Ordinance 83-0-91. Seconded by Alderman Nelson. Alderman Wollin explained that she had been the lone nay vote in committee and felt the need to explain her vote. She said that Church Street is the main east west thoroughfare thru downtown Evanston and is not suitable for loading zones for. businesses. She said she had made several passes down the adjacent alleys and found there to be adequate room for trucks to unload and also allow cars to pass through the alley. She suggested that those people picking up airline tickets at the Combined Airline Ticket Office could park across the street. She also expressed concern about having a loading zone when there would soon be library construction across the street and noting that construction would also hamper traffic patterns. Alderman Newman supported Alderman Wollin and agreed with the concern about library construction. He said that the Council might want to revisit the proposal after the library was complete. Alderman Rainey said she would not support the motion either, because she thought it a terrible idea. Roll call. Voting aye - none. Voting nay - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Brady, Esch, Heydemann, Washington, Moran, Nelson, Wollin, Engelman. Motion Failed (0-16) IP -10- August 12, 1991 Docket 212-7B-91: Ordinance 85-0-91 - Residents Only Parking District "4" Boundary Changes - Consideration of proposed Ordinance 85-0-91, introduced on July 22, 1991, 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". = ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Docket 213-7B-91: Ordinance 86-0-91 - Residential Exemption Parking District "E" Boundary Change_ - Consideration of proposed Ordinance 86-0-91, introduced on July 22, 1991, 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". = ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) Alderman Rainey announced that there will be a special meeting Saturday, September 7 at 9:00 A.M. between the Administration & Public Works Committee and the Energey Options Task Force. She invited all Aldermen to attend. HUMAN SERVICES COMMITTEE: Docket 231-8A-91: Resolution 66-R-91 - Application for Illinois Clean & Beautiful Funds - Consideration of proposed Resolution 66-R-91, by which the City Concil would authorize an application for $7,500 in Illinois Clean & Beautiful Funds to support the programs of Keep Evanston Beautiful, Inc. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) OTHER COMMITTEES: Docket 232-8A-91: Township Monthly Bills - Consideration of a recommendation that the City Council approve the bills for Evanston Township for the month of July 1991 in the amount of $102,720.98. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) APPOINTMENTS: Mayor Barr asked for Council confirmation of John Foster Lesch, 800 Michigan Avenue, for appointment to the Playground and Recreation Board, term ending December 29, 1996. Alderman Drummer moved confirmation of this appointment. Seconded by Alderman Brady. Motion carried. No Nays. Mayor Barr introduced the name of John B. Welch, 2415 McDaniel Avenue, for appointment to the Police Pension Board. CALL OF THE WARDS: Alderman Warshaw said that she felt the pigeon screening program had been very successful. She observed that the pigeons appeared to roosting uncomfortably and there did not appear to be as many pigeon eggs around, which will benefit the community in the future. She urged that the City screen other viaducts as soon as possible. Alderman Warshaw offered her condolences to the family of Jonathan Kimmel, whose mother had been the Aldermanic Secretary until recently. She made a Reference to the Administration & Public Works Committee to cause signs to be erected to notify the public of the severe undertow in the Lighthouse Beach area. She said that people were not aware of how severe the undertow is and especially with changeable conditions and high waves. She said we have to do something so this sad occurrence will not happen again. Alderman Lanyon extended a because he felt they took a Alderman Lanyon agreed with and announced that a number his house. "hug" to the staff on the Church Street loading zone beating on that suggestion. Alderman Warshaw about the success of the pigeon program of pigeons had found a new home in the tree in front of 1 667 19d -11- August 12, 1991 Alderman Engelman said that he agreed with Alderman Warshaw and was deeply saddened by the death of Jonathan Kimmel. He said that teens seem to think they are invincible and this was the third death at Lighthouse Beach this year. He agreed that the Administration & Public Works Committee should cause warning signs to be put up and suggested that they say that "three people have died at this beach in the last year and six people have died swimming at this beach after hours in the last eight years". Such signs would be similar to the warning on cigarette packages - this is hazardous to your health. Alderman Engelman made a Reference to the Administration & Public Works Committee to consider putting in an emergency phone system at the lakefront. He said that the rescuers had done a good job once they arrived, but notification is a problem. He suggested that perhaps a panic button type of system could be substituted for an emergency phone because buttons are less easily vandalized. Whatever system is used it will be lesss expensive than to lose one more life. Alderman Wollin extended her condolences to Jonathan Kimmel's family. She said that after reading so much about Evanston youth in the papers recently, it was heartening to see a church -full of teenagers expressing sympathy to the family and their friendship for Jonathan. Alderman Wollin announced that the next Police Services Committee meeting would be September S at 7:30 P.M. Alderman Moran said that recently he attended the funeral service for a young woman, Marirob Ann Tures, who died of Cystic Fibrosis. He said that he admired her remarkable display of courage and recalled that she always had a smile and never complained. He said she was very inspirational to him and that he was encouraged by her spirit and hope. He contrasted that with the death of Michael Langford who was recently shot in Mason Park. He said that Michael's tragic passing brought a kind of despair to him when he contrasted the two young people. He said we need to help kids who have problems some of which seem intractible, and we need to commit ourselves to develop programs to help these young people. .Alderman Washington passed along a special thank you from the Avery family to the Evanston Fire Department for their efforts in behalf of Mr. Avery. Alderman Washington also thanked City Manager Anderson, Police Chief Jacobi and Director of Parks, Recreation and Forestry Wirth, for coming to the 5th Ward community meeting. She thanked the Fleetwood-Jourdain Center and the Recreation Department for their wonderful summer program. She announced that the 5th Ward picnic had been a success. Alderman Drummer announced that the Housing and Community Development Act Committee meeting scheduled for August 13 had been cancelled. He reminded the Council that the National League of Cities meeting is coming up in December in Las Vegas. Anyone interested should contact Bruce Zimmerman to obtain a travel planning form which needs to be back to Mr. Zimmerman by Friday, so he can bring it to the Rules Committee on August 20. Alderman Drummer offered his condolences to the Kimmel, Johnson and Langford families on the death of their children. He commented that the shooting of Michael Langford happened in the 2nd Ward in Mason Park, which was very close to him. He said he felt the community had responded well to this incident. 'He said he felt that the Police Chief and Mr. Wirth had responded well to the community meeting held last Thursday. He said he was encouraged by the number of neighborhood residents coming out to the meetings who asked what they could do assist the commuity in getting on top of the youth problem. They are also interested in taking an active role in preserving and protecting their immediate area, particularly the park. He said that the City will move very swiftly on requests to assist. He reported that recently he attended a five day conference in Champaign, IL on youth and gangs and hoped that the Police Department would move swiftly on what they had learned at the conference. He said that since he had been an Alderman, he had been involved in the death of four or five young men and found it extremely disturbing. " We cannot minimize the seriousness of this problem." He said his heart went out to the families who have to endure these types of things. He said he hoped the Council joined him in being committed to do whatever it could do to change the situation. -12- August 12, 1991 Alderman Paden extended her condolences to the Kimmel, Avery and Langford families on the deaths of their loved ones. Alderman Paden reported that as a result of a meeting at Mason Park, Chief Jacobi, Mr. Wirth, Alderman Drummer and herself and many people in the community are working. on projects to make changes in the Park and to make the community more responsive - especially in the summertime. She said that they are in the process of developing more programs for youth between the ages of 14 and 20 and these activities would take place frequently and after 9:00 P.M. She commented to Alderman Lanyon that the rest of the pigeons that were not in his tree are on her roof doing the cha cha. She said that she didn't think the Hotfoot was working and asked Drummer to come over and relocate the pigeons so her family can sleep at night. Alderman Paden reported that her 5th Annual Picnic had been a success in spite of the lack of sunshine and thanked her pit crew for cooking the food. She commented that the Health Department had said it was excellent food. She thanked all those who had donated the 75 prizes and given of their time, energy and money to make the picnic a success. She also thanked all those who had attended. Alderman Paden complimented Alderman Kent for his picnic at Twiggs Park one week later and observed that he had had sunshine. She also thanked the Wild Bunch for their back to school picnic last Sunday and observed that now is the time to work on back to school activities so we will have a large group going back to school. Alderman Paden made a Reference to the Human Services Committee to investigate why such a large percentage of code violations now in Housing Court were cited against minorities. She rejected the memo that she had received June 14 which said that the Human Services Committee didn't feel that there was a problem. She said the City can spend hundreds of thousands of dollars putting its finger on another group outside the City of Evanston to nail them for discrimination, but cannot police itself. She passed out a letter responding to the Human Services Committee, which she said, did not appear to have done much work. She said that she had a 10-1-90 list of court cases given to her by the Law Department. She asked the City Manager to distribute this list of code violations to each Alderman. She reported that at least 29 out of the 43 people cited on this list are minorities (Those starred are known to her personally.) She invited the Human Services Committee to come to court and 'again to reexamine the code violations. Alderman Newman expressed his condolences to the families of the youths who had recently passed away. He suggested taking Aldermen Warshaw's and Engelman's suggestions to the Administration & Public Works Committee a step further. He reported that, even after all the publicity of the recent tragic drowning at Lighthouse Beach, he had received a call that morning about a group of 15 young people who were on a beach at 4:00 A.M. Sunday night (Monday morning). He said this was not just a Lighthouse Beach problem and suggested that the City hire three people with the appropriate training to patrol the beaches with walkie talkies between May 15 and September 15 in order to have direct communication with the Police and Fire Departments. He said it is an expense we can consider and he would appreciate the views of other Council members on this. Alderman Fiske expressed his sympathy to the Kimmel and Langford families. He also commented that he had noticed pigeons huddled on the rooftops of buildings surrounding Green Bay Road and Emerson Street and expressed concern about the impact that the birdproofing was having on the pigeons natural habitat under the viaduct. Alderman Washington pointed out to Alderman Paden that the letter she had received in response to her Reference on the number of minorities cited for housing code violations were the words of the Human Relations Commission Executive Director Owen Thomas. Mayor Barr asked for a motion to go into CLOSED SESSION. Alderman Feldman so moved. Seconded by Alderman Drummer. Roll Call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Brady, Esch, Heydemann, Washington, Moran, Nelson, Wollin, Engelman. Voting nay - none. Motion carried. (16-0) The Council so'recessed at 11:40 P.M. and reconvened into OPEN SESSION AT 11:52 P.M. Alderman Feldman moved Council approval of a loan agreement with City Manager Eric A. Anderson for a $100,000 loan for housing purposes. Seconded by Alderman Newman. Motion carried. No nays. There being no further business, Mayor Barr called for a motion to adjourn. The Council so moved and adjourned at 11:54 P.M. KIRSTEN F. DAVIS CITY CLERK