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HomeMy WebLinkAbout02_23_04_ccCITY COUNCIL ROLL CALL - PRESENT: A Quorum was present. NOT PRESENT AT ROLL CALL: ABSENT: PRESIDING: Alderman Bernstein Alderman Tisdahl February 23, 2004 Alderman Rainey Alderman Newman Alderman Jean -Baptiste Aldermen Kent, Moran, Feldman, Wynne None Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, February 23, 2004, at 5:15 p.m. in the Aldermanic Library. Alderman Jean -Baptiste moved that Council convene into Closed Session for the purpose of discussing matters related to litigation, collective bargaining, real estate and closed session minutes pursuant to 5ILCS Section 120/2 (c) (2), (5), (6), (11) and (21). Seconded by Alderman Rainey. (2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting of a price for sale or lease of property owned by the public body (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye — Bernstein, Tisdahl, Rainey, Newman, Jean -Baptiste. Voting nay — none. Motion carried (5-0). At 6:15 p.m. Alderman Jean -Baptiste moved to reconvene into Open Session and recess. Seconded by Alderman Rainey. Motion carried. No nays. Mayor Morton reconvened the City Council at 8:58 p.m. in the City Council Chamber. ANNOUNCEMENTS: Max Rubin, Emergency Services Coordinator for Evanston, announced that February 29 through March 6 is National Severe Weather Activity Week. Tuesday, March 2 cities and counties throughout Illinois will promote severe storm preparedness activities in conjunction with a statewide test at 10:00 a.m. He reported that tornadoes pose the most severe weather threat to life and property in Cook County. Tornado season occurs mid -March through June but tornadoes can happen anytime. They most frequently occur at mid -afternoon through early evening and travel from southwest to northeast. Illinois averages 31 tornadoes annually. Last year Illinois had a record -setting 127 tornadoes. Further information is at the Civic Center and on the City's website with a link to FEMA pages. Acting Fire Chief Alan Berkowsky invited all to the grand opening of Fire Station #3, 1105 Central St., Friday, February 27, from 3:00-7:00 p.m. with the ribbon -cutting ceremony at 3:15 p.m. He stated they are proud of this new station as much work went into its development. February 23, 2004 City Manager Roger Crum announced that Vincent D. Jones had joined staff as Assistant to the City Manager. Mr. Jones has a MPA from Florida State University and a BA from the College of William & Mary. He most recently was a budget analyst for the State of Maryland; had prior experience in the City Administrator's office of Orlando and Housing Development Office in Orange County (FL). Mr. Jones was selected from 200 applicants. Mr. Jones looked forward to working with everybody and thanked staff who welcomed him to the City. Mayor Morton announced that a Special City Council Meeting would be held Monday, March 1, at 6:00 p.m. for the purpose of discussing personnel matters. This will be an Executive Session. .K1 ►u ►]Tf i 111►1 [M.I�1 [OM3 City Clerk Mary Morris announced that in -person absentee voting began that day in the City Clerk's office for the March 16 primary. She stated if on March 16, an individual expects to be out of Cook County, serving as a juror, an election official or election judge, is a student temporarily residing outside of Evanston, temporarily or permanently physically handicapped, he/she may vote absentee in person. Hours are 8:30 a.m. to 5:00 p.m. weekdays and the next three Saturday mornings from 9:00 a.m. to 12:00 noon. Applications to vote by mail are available also; call 866-2925 to have one sent. CITIZEN COMMENT Dave Hod2eman. 1112 Forest Ave., spoke for the Recreation Board about Robert Crown Center. Built in 1974, it is near the end of its natural life and needs either substantial renovation or replacement. An engineering report was done and the board has conducted four meetings where they got input from citizens who use the center. More than 3,000 questionnaires were sent out for further comment. As a result of this input, they found it would cost $7 million to renovate the center and $17 million to replace it. He said it appears this building does not meet community needs. It has one sheet of ice and they need two sheets. The gymnasium is not adequate for basketball; has no bleachers and the floor is not safe because it does not give. To have an adequate ice skating and dance program, they need more multi -purpose rooms. There is an active pre-school that has outgrown the space. They need to redesign the washrooms and have better public safety arrangements, in particular, the facilities for women are not adequate. They could repair or replace the existing facility and ask Council to study those and two other alternatives: to fix and enlarge the existing facility or to replace it with a larger building. The Recreation Board asked that a subcommittee be created and funded to conduct that study. Mark Metz, 2125 Sherman Ave., represented the Recreation Board concerning Robert Crown Center; spoke about why the community needs to act. Citizens told them what they think about the center and what they need. They were told with passion that they need the center, want it expanded, and have greater needs than the center can meet. They were asked what they think of recreation overall in Evanston. Recreation is important and a huge priority. One question asked was how we can afford to do what we need to do at the Crown Center? The question became, how can we as a community not afford to do what they need to do at the Crown Center? The money for the study is there and they are not at the point of making a firm recommendation on what needs to be done, but are clear that something needs to be done, do the study and find the best course of action. They urged Council to move ahead with the study to meet the needs of citizens. Dick Seaman, 1411 Mulford St., Robert Crown Advisory Board president, presented survey results from the 17 board members. The Advisory Board believes Robert Crown Center should be replaced and not repaired; the configuration of the facility should be changed. They were mixed on two full-size ice rinks but favor more ice space. The board is mixed on two gymnasiums; does not favor separate buildings for ice rinks and a community center. The board would like to see a recreation room with pool and ping pong tables; an exercise room; more parking, security and a cage for bikes; increased lobby space; sitting room for parents; larger locker rooms; a lounge for reading and television; and a new preschool wing with a playground were some of the suggestions. Dick Stillerman, 2330 Park Pl., said the Chamber of Commerce, some condominium, commercial, industrial and apartment building owners and even a church complained that the City wants to increase the gas use tax from less than a penny per therm to 2.5 cents per therm on their purchase of wholesale gas. They claim the City is picking on them and February 23, 2004 the tax is poor public policy. However, since those purchasers were able to buy from wholesale supplier some years back, all of them have avoided a municipal tax of more than five cents per therm paid to Nicor by homeowners. Homeowners pay at a rate in excess of 100% more than the complaining owners will pay under the proposed tax. As homeowners they have been discriminated against for years. Last year he paid $80 in municipal tax at his home. He was squeezed twice, once in paying more for natural gas than those who buy it wholesale and again in a higher municipal tax. Homeowners should complain not the owners who have avoided the tax by reason of buying wholesale from an out of state supplier. The new tax on those users will yield the City $600,000 in revenue, a sum needed to balance the 2004-05 budget. Without that, homeowners will have to pay more property tax to make up the difference. People always talk about NU not paying its fair share for City services. Wholesale gas buyers who pay less for their gas and almost nothing in municipal tax bear a responsibility of sharing equally in the tax burden, which is fair and reasonable. The projected increase in a bill for an apartment is less than $2 a month compared to his monthly tax of $8. He urged Council to restore some equity to the City tax on gas use and passage of the budget with the increased rate of tax on wholesale gas. Junad Rizki, 2784 Sheridan Rd., stated it appeared the Council would pass another budget that is full of pork. He noted the governor is cutting expenses and so is Chicago, but what are they doing in Evanston? He noted ambulance fees are going to be raised but staff stated that they would not collect the full fee if somebody did not pay. He had a problem with that and it appears to be projecting revenues the City will never collect. If businesses do that they get into trouble. He asked if the $550,500 for sale of a vacated street would be used to eliminate the property tax increase; wanted to see what would be done with that money. He asked if the $700,000 from NU is in the budget? He knows these are one-time revenues but the City uses water bills to pay for things that have nothing to do with the General Fund. Not one item has been cut, not even duplication of services, such as providing criminal defense since Cook County provides that. For too many years residents have been under the false impression that NU has created a tax problem here. Evanston's tax rates and fees are 30% higher than most other communities. Willie the Wildcat is not responsible; it is Evanston's tax hog that is responsible. He asked how many dollars are spent to subsidize recreational programs? If they really look at Robert Crown Center, he suggested they need to look at the Recreation Division and figure out what is going on rather than build a new building and put the same programs in without looking at the other recreation centers. He said most recreation centers are not operating with revenue equal to expenses. He did not think another community would operate like this. He suggested they look carefully at the program at Robert Crown Center. Scott Walton, 1111 Church St., condominium board president, spoke about the gas tax. He noted that equity can be determined in many ways. For example, the Fire Department has requested that their building and others put expensive smoke detectors and elevator improvements in that will cost them $100,000 over two years. This is equivalent to the property tax of the 40 units in their building. He did not think that single-family homeowners have had requirements approaching their tax bill. Maybe that area of fairness should be looked at. Nobody who lives in their building attends a public school, so all money they pay in property taxes supports education for others' children and in other condominiums, that is generally the case. There are few children and all pay the property tax. Another aspect is the usage of land. At 1111 Church they have a 100-foot frontage and pay $100,000 annually in taxes. The upkeep of roads, sewer and water, and snow removal will be minimal on their land. He did not think there were many single-family homes that have 100-foot frontage paying the same amount of taxes to the City. He stated that the condominium community probably supports other areas of the City. They were surprised that the gas tax was called tax equalization as if they were not paying their fair share. He thought they were paying more than their fair share in many ways. They have not complained but the point is that people pay in many different ways. He suggested that some charges be taken from the property tax and be made a user fee — for example, charge for the Fire Department on a square foot basis and give discounts for people who have up-to-date safety equipment that may improve the quality of buildings, including single- family homes and still raise an adequate amount of money. He suggested an extra charge for board -ups because it is something that probably increases the risk of fire. Another possibility is to charge by linear footage for roads and infrastructure so that some of these other taxes could be offset. If they want to put on the gas tax, perhaps there should be a credit for other things that are provided. He thought if the City did a study of condominiums and commercial use they would find overall, these people are paying more than their fair share. Chris Carev, 2739 Girard St., Preservation Commission chair, spoke on 904 Hinman Ave.; stated that the commission is not opposed to alterations to properties and landmark buildings in particular, if the change meets the standards in the Preservation Ordinance. This property is a landmark because it is unique to Evanston. He asked that Council continue February 23, 2004 to enforce the ordinance and in their deliberations they should retain the right to review any future work on this property. SPECIAL ORDER OF BUSINESS Ordinance 92-0-03 — Equalization of Gas Use Tax to Gas Utilitv Tax — Consideration of proposed Ordinance 92-0-03, introduced October 13, 2003, which approves an equalization of the Gas Use Tax to the Gas Utility Tax, creating equity in taxation among residential, commercial and industrial sectors. Alderman Feldman moved approval. Seconded by Alderman Rainey. Alderman Rainey said this tax would raise $600,000 from people who don't have to pay this tax currently and do so with little pain. This tax has created such hysteria in the community that one landlord suggested the City sell a park to raise money. People have suggested the City look at fire service to avoid participating in this tax. They were told that St. Nick's and Pope John School would be devastated by this tax and would pay from $5-15,000 more on their gas bill. This happened because an organization was hell bent on seeing that this tax is not imposed. She found it one of the most irresponsible campaigns ever conducted in this community. It created stress, was harmful and a great big lie. It reflects on the credibility of that kind of campaign. When they looked at an actual bill for St. Nick's and Pope John School, using about 70,000 therms they would end up paying about $96 more a month. This is down from $5-15,000 so they could create a hue and cry that this Council was attempting to destroy their church and school. She said they saw numbers for increases of $4-20,000 for apartment buildings. She suggested they look at the per -unit cost that was calculated. Some places where they were told it would be a $9,000 increase annually, calculated down to $1.10 a unit. The Bank One building was calculated down to 10 per square foot. These are people who pay $25-40 square foot in rent, so this is not a burdensome tax, it equalizes the tax burden. It is not an augmentation. Those who live in single-family homes and small condominiums are overburdened. It is time for the for -profits, non -profits, businesses and large buildings to step up and help out the most overburdened — the single-family homeowner. Tax appeals and wholesale gas purchases with no comparable municipal tax — those are killing the single-family homeowner today. She looked forward to a unanimous vote on this. The $600,000 is necessary to balance the budget. Alderman Jean -Baptiste agreed with Alderman Rainey that at budget time, all needed to pitch in and help balance the budget. A problem he had with this tax was that it was to equalize what is paid by the commercial sector, which had found a way around paying the maximum tax required by taking advantage of a loophole that allowed them to purchase gas wholesale. He did not think that should be discouraged and any time an entity finds a way to reduce their obligations they should not cut that benefit and punish them for doing so. He wanted to have an increase but not what is proposed. Alderman Jean -Baptiste moved that the ordinance be amended to increase the tax by $300,000. Seconded by Alderman Bernstein. He noted that real estate transfer tax revenue for the current year generated $1 million more than was projected. He thought there was room to maneuver there and make some concession to the commercial sector; suggested that $300,000 come from the transfer tax. Alderman Moran said that deregulation was meant to bestow benefits throughout the state. Evanston has benefited by deregulation of electric generation and distribution and stood out from the model franchise agreement of the Northwest Municipal Conference agreement by creating a separate negotiated agreement with ComEd from which many have benefited. With the gas tax, what has happened here, he believes is a matter of fairness and principle, that under the state deregulation scheme for mining and distribution of natural gas there are opportunities for citizens to save money by brokered purchases and buying gas wholesale. Targets of this tax effort have taken advantage of deregulation opportunities and when Evanston can develop a better plan to bring those savings to residential buyers of gas, they too should benefit from the deregulation scheme. He thought they were, in essence, giving with one hand and taking with the other. The state, in promoting deregulation of gas, allows certain individuals and institutions to benefit from deregulation. This tax takes back those benefits and he thought that wrong and said they should not do this. There should be some connection between the tax that is imposed on citizens, corporate and institutionalized benefits the City grants to those in return for that tax. He thought a case for the tax was tenuous. From his perspective, it was impossible to make a case that the City grants these people anything in relation to the tax imposed. If this were tea it would be thrown over the side of the boat. He said the City is not bestowing any benefit to the citizens who will pay this increased tax. They February 23, 2004 are simply taking money. To the degree that they have to plug the $600,000 gap, he suggested they adopt Alderman Jean- Baptiste's suggestion - take $150,000 that NU will pay and $150,000 from the Sebring -Lewis sale and get rid of this tax. Alderman Bernstein did not want to crush the residential homeowner, but was concerned that they never particularized the sources of the tax. They received information from the Chamber of Commerce in the packet. He asked that they not look disdainfully on condominiums and restaurants that use the benefit of this reduction. It is not unlawful to reduce costs. Business owners here are not making large profit margins. It sounds wonderful to take from the non -profits but he noted Evanston Hospital closed its primary trauma center alleging lack of funds. When the head tax was discussed, St. Francis Hospital said this was a non-profitable portion of their system and would move or change its nature if the head tax was passed. He favored the reduced tax and wanted to know for the future the exact source of this tax. Nicor told the City this is privileged information and only available to the taxpayer. It was difficult for him to see somebody taxed when he did not know the amount. Although they take 50% from the non -profits, the other 50% comes from people who have kept them from having to increase real estate taxes more than they will that night. Restaurants are doing good business but are not making that much on the dollars they take in. Margins are small and investments take time to pay off. He favored Alderman Jean-Baptiste's compromise and next year they can take credit for more condominiums as they come on-line. He did not want to discourage them by imposing this tax on their ability to live less expensively. The condominums' presence here will be the City's salvation and this is not the time to kill the golden goose. Alderman Newman said they started the budget year with the State of Illinois reducing the City's share of income tax by $500,000. Then the state also reduced the City's share of the personal property replacement tax by $131,000. Forces beyond the City cut back $630,000 before they started. He received a February 17 letter from NU and the hospitals. They say that the City is not proposing any City services. One person who wrote this letter earns over $500,000 annually and lives in housing that is off the tax rolls. Some of the "so-called" non -profits pay close to Fortune 500 salaries. Many people could properly manage NU for $300-350,000 plus a house. The City is told these non -profits did not get any additional service. He asked what they call the new Fire Station #3 on Central St. between Evanston Hospital and NU? Property owners here will pay $300,000 a year in property taxes to pay for Station #3. The large number of buildings on the NU campus and Evanston Hospital have the shortest response time in the City. It was obviously in the interest of non-profit institutions to have that new fire station paid for from property taxes. In this letter they say that they pay $5 million in taxes, fees, permits and licenses. Many talk about contributions and additional students. He said this community pays $150 million a year before they get to the other taxes, $30 million for the City, which is only 20% of the tax bill. Recently NU had a problem with robberies on campus, so the Evanston police put out plainclothes teams for weeks at a time. It will cost the City $1 million more a year to operate the Police Department. The entire business community benefits because there will be record lows on theft and burglary because of the investment in these services. He noted the projection on the transfer tax was already pushed up $1 million. To push it further when there are the lowest interest rates in many years they take that avenue away and also use a tax, when the economy goes the other way also goes the other way. He asked why they set up future Councils to pay that price because NU and the hospital are going to have to pay $300,000 a year. He thought they have room to do some belt tightening. The City has quality services to provide. He reported at the P&D Committee, a fraternity came about not sprinklering their building because it would cost $180,000. They are fortunate that the fire station is as close as it is. The City Manager and Finance Director recommended this tax. It is a solid tax and a lot of bad information was put out about it and will be paid for primarily by entities off the tax rolls. Evanston Hospital will call the Fire Department and the Police Department if they have a problem. When the City pays the pensions for 100 firefighters and 160 police officers that comes from property taxes. Not one penny is paid for by the non-profit entities. This tax is fair and he commended Alderman Rainey for getting out the true information about it. It is a tax that will help fund the City's operation. The City invests in the business community, in the Chamber of Commerce when they ask and in police to make a better economic climate. This tax is not unreasonable and is in the long-term interest of the City. He said the committee did a good job and there is no reason for a compromise. He supported the tax and opposed the amendment. Alderman Feldman would like the maker of the motion to explain why anyone should not pay the same amount of tax per therm? He did not mind people making deals and getting a better price. Why should someone pay less per therm — how do they justify that? The only reason it is there is that they forgot about it. He liked the idea of getting gas for less. But they are justifying an inequity in terms of the rate per therm they are taxing. And if they are not going to justify that and are going to raise it, what a burden this places on restaurants, condominiums, social service agencies, non -profits -- $11 a year for a residential unit. He did not think it would send anybody away. He said the City has many expenses February 23, 2004 to create the kind of environment that allows all the condominiums and restaurants to be here. The downtown has to have more police. The idea that they take money that the City received from the NU settlement implies that it is just there — an extra. That money came from taxpayers' pockets and should go back to replace something they would have to spend, not to subsidize an inequitable system. No one here can justify a difference in tax per therm unless he was told that NU would move to Wilmette and Evanston Hospital would close. Nothing like that will happen. He never had the opportunity to tell NU to cut their budget. Is there any justification for what this amendment does? When they talk about direct benefits from taxation, he would like residential gas customers to stand up and tell what direct benefit they get. Is a stop sign near their house? Can anybody take money not related to a given use and how can they prove their taxes go for any specific thing. To use that as a criterion, unless you identify the benefit, which they have refused to do over a long period unless one says that police, fire, library, trees, recreation, social services, education all the things that make this City great. That is the benefit. He said all should defeat the amendment. The tax is fair and just and not onerous. Alderman Wynne said until recently the City received a photo finishing tax that the state took back. She did not know what benefit she received from this tax. She confirmed that the incentive to go to a broker has not been eliminated by increasing this tax. There still is an incentive to go to a broker and smart people will figure that out. She appreciated Alderman Jean-Baptiste's creativity and was reluctant to increase the projection on the transfer tax. She did not believe they should count on the transfer tax staying where it is but should stick with a tax that is steady and will produce rather than use a tax that could change quickly and leave them looking for another revenue source. In the attachments Council received in their packets, Evanston is compared to other communities and is behind the curve. Wilmette, Niles, Morton Grove, Park Ridge, Oak Park and Des Plaines are all at .025 per therm. Evanston is not plowing new ground with this. Park Ridge has had this tax since 1998. The tax is not onerous. She did not support the amendment. Alderman Rainey noted that Park Ridge is flourishing. She explained the way the information was obtained. They called customers and asked them to verify the information the Chamber had given them. She told Alderman Moran he was misleading people when he says there is no advantage once they place this tax on the buyers of wholesale gas. A Nicor bill is a retail gas purchase without going through a broker. Evanston Place shared their bill and if they purchased 136,000 therms from Nicor, their total bill would be$112,404. That same 136,000 therms purchased with the City's .025 cent tax would be $92,512.17 when purchased through a broker. That is a $20,000 advantage a year. She said Alderman Moran was wrong when he said the incentive was taken away by this tax. She has always advocated being more precise in projecting the real estate transfer tax and would not support any more put into the projection for that. She urged all to vote against the amendment. Roll call. Voting aye — Bernstein, Moran, Jean -Baptiste. Voting nay — Kent, Tisdahl, Rainey, Feldman, Newman, Wynne. Motion failed (3-6). Alderman Feldman called the question. Seconded by Alderman Rainey. Motion carried unanimouslv. Roll call. Voting aye — Kent, Tisdahl, Rainey, Feldman, Newman, Wynne. Voting nay — Bernstein, Moran, Jean -Baptiste. Motion carried (6-3). Ordinance 27-0-04 — Ambulance Transport Fees — Consideration of proposed Ordinance 27-0-04, introduced February 9, 2004, which amends Section 9-2-3(B) of the City Code increasing ambulance transport fees. Alderman Feldman moved approval. Seconded by Alderman Rainey. Roll call. Voting aye —Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — none. Motion carried (9-0). Resolution 8-R-04 — Proposed 2005-2009 Capital Improvement Program — Consideration of proposed Resolution 8-R-04, the 2005-2009 Capital Improvement Program. Alderman Feldman moved approval. Seconded by Alderman Rainey. February 23, 2004 Roll call. Voting aye —Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — none. Motion carried (9-0). Resolution 7-R-04 — Proposed FY 2004-2005 Budget — Consideration of proposed Resolution 7-R-04, the proposed budget for the City of Evanston for the fiscal year 2004-2005. Alderman Feldman moved approval. Seconded by Alderman Rainey. Alderman Rainey moved to add the $700,000 contribution from NU to the revenue side of the budget. Seconded by Alderman Bernstein. Alderman Newman respectfully disagreed with the motion because it would create a $700,000 hole in next year's budget. He said there has been a lot in the papers about the lawsuits and this is a perfect use for that money because it is a one- time use. The City's budget policy is not to use one-time revenues to balance the budget. They know from reports in Closed Sessions that the City has substantial liabilities that have to be paid for; know about the $11 million verdict that is up on appeal. The interest alone on that verdict exceeds $700,000. This would further compromise the financial stability of the City. They have to work to figure out how to fund the liabilities without having to take from capital sources. This year they started off $600,000 in the hole (created by the state) and it is not getting any better. Illinois is borrowing huge sums of money, which is a mistake. This money can be used to pay a debt of the City. Alderman Newman moved a substitute motion that the $700,000 go to the Insurance Fund to be used against liabilities. Seconded by Alderman Moran. Alderman Rainey said once again she felt tricked by Alderman Newman because she agreed to support the settlement of $700,000 from NU if that money could be used for revenue in this year's budget. One of the reasons they had a $600,000 hole to start out was because the City spent $700,000 on legal fees. She said it was a plain and simple payment of legal fees and ought to go to the taxpayers who paid it. Alderman Newman said he did not know what she was talking about. In terms of the $700,000 why would somebody suggest when there is a liability of $20 million, that is taxpayer money that he proposes to use for liabilities. The taxpayer benefits. He said they received a memo that said if all the judgments go through to $22 million, they would have to raise $1.7 million in additional property tax and might have to revisit it in the middle of the year. He asked why anybody would suggest that $700,000 would not benefit the taxpayer if those judgments come down in this fiscal year? If the judgment comes in they may have to raise property taxes by 12.7% in the middle of the year. Mr. Crum said that was one possible solution. Alderman Newman said his motion would help the Evanston taxpayer, help them manage the budget and keep down what will have to be borrowed. Mr. Crum noted that money they spent for legal fees last year came from the Insurance Fund and that is where these monies will go, pending direction of Council. Alderman Rainey asked if those monies came from tax dollars? Mr. Crum stated those funds came from tax dollars. Alderman Jean -Baptiste confirmed with Alderman Rainey that the $700,000 was to be allocated to the budget in lieu of raising the property tax. That would reduce the tax burden to taxpayers by $1.3 million. Alderman Jean -Baptiste asked Alderman Newman if because this is a one-time revenue, would it create a hole? Alderman Newman explained that annually there is $78 million in expenditures for the City. The real estate transfer tax is a recurring revenue each year. If the levy is knocked down by $700,000, they start out the next year $700,000 short because they used a one-time revenue to pay a recurring expense. It is the basic cornerstone of budget policy that has earned the City an aaA bond rating for the past 25 years. If the $700,000 is used in the budget and the state again reduces revenues by $600,000 they would have a $1.3 million hole before considering salary increases. A more difficult situation is created for next year and they are already raising property taxes by 6.85% this year. The $700,000 will be used to pay City expenses that are not recurring. While it may be attractive in the short term, it creates a long-term problem. Alderman Jean -Baptiste found the proposal from Alderman Rainey to reduce property taxes attractive. He said they needed to find a way to reduce the property tax and keep the policy of using recurring revenue for recurring expenditures. February 23, 2004 He suggested a way to reduce the property tax is to incorporate a policy that says by the time they levy the tax and have excess revenue, that excess be used to reduce the property tax. Last year $1 million more revenue came in and it made no difference on the property tax. He knows the response to his suggestion was that the fiscal year is not on a calendar year so they cannot have such a policy. That was a formula response and he thought they could do that. By December when they vote to levy the tax, they have an analysis to determine whether they have adequate revenue. Whether they have all or a portion they could reduce the property tax levy by that amount. He suggested they follow the established policy and at the end of the year, levy the amount they need to balance the budget as opposed to what was proposed. Alderman Rainey thought they had a disagreement in concept. She does not see the $700,000 as a one-time revenue. Taxpayers already paid the $700,000 and it is time to give back. She thought they would hear if the $700,000 were divided by the number of taxpayers it would only be $3 per household. She said that argument has been used for years for not reducing taxes. Over the years, people come and tell them that their house in 1980 was taxed at $2,000. Now they pay $8-9,000. The reason is that every year it is added on incrementally and it all adds up. The cumulative burden that they are placing on people ought to be lightened anytime they can do it. If they need to increase the property tax next year they can. She has been here for the years that the City has had the aaA bond rating and she has had no impact on that. She asked not to paint her as some kind of irresponsible alderman making all kinds of stupid financial decisions. She has been responsible with City finances. NU can say whatever they want about this money. As far as she was concerned, it was reimbursement for legal fees and is money that came from taxpayers. She asked to put it back in the taxpayers' pockets. If there are more legal fees next year they will have to raise taxes. Alderman Feldman thought they would have to raise taxes. Somehow the citizens will have to respond to the situation the City is in regarding liabilities. He thought it was almost like a shell game to give back then come to them six months later and ask for more. They may have to ask for more funds, even with the $700,000 in the Insurance Fund. They have a $20 million potential liability. The idea that this came out of a fund that they put money into for cases like this — absolutely, this was taxpayers' money for a rainy day and those rainy days are not over. They could refund everything to the taxpayers, then when the slightest claim came, go back to the taxpayers. That is not good planning. As tempting as it is to turn that money back for tax relief is not good management and not good for the taxpayer. They have a budget policy that he preferred to stick with, which came about for good reasons. The Insurance Fund is there for a good reason. The money spent from that fund that the City was fortunate to get back should return to that fund. Roll call. Voting aye — Bernstein, Kent, Moran, Feldman, Newman, Jean -Baptiste, Wynne. Voting nay — Tisdahl, Rainey. Motion carried. (7-2) Alderman Feldman called the question. Seconded by Alderman Bernstein. Alderman Jean -Baptiste moved that they incorporate into the budget a policy that allows them to return additional revenues that may be generated to offset the property tax they levy. He noted the property tax levy they approve is actually levied in December and by that time, they can project revenue. He proposed a policy wherein they levy only the amount necessary to make up the difference; where they have more revenue than anticipated they don't levy the tax. Seconded by Alderman Kent. Mayor Morton clarified that he wished to add to the budget policy that if additional funds come in before December that the budget be reduced by that amount. Alderman Rainey said it was a great idea, but would not work. When they levy such a small portion of the cost of running the City, there are ways to levy exactly what the budget shows. Any excess funds can be put other places. She pointed out there are entire departments where not a penny is levied against the taxpayer. That is why the City generates money from fines, fees and licenses. She did not see how this would work. It would have been a better idea to put the $700,000 on the revenue side. She supported him because he was well intentioned. Alderman Newman said taxpayers are going to pay $30 million towards police, fire services and everything else. The City is enacting a 6.7% increase on all taxpayers. On the amendment, he thought it a great idea to watch where they are on revenues. However, they know there is a $20 million liability and were told tonight they might have to dip into revenues to deal with those liabilities. So if there is any excess and the City has been getting a lot from the transfer tax, which they have already raised the projection on by $1 million, they will have the opportunity to figure out how they February 23, 2004 will pay this $10-14 million in liabilities this year. If they have a little extra in the reserves they will figure it out. He would love not to raise taxes, would rather cut taxes, and that those who got hurt never filed the lawsuits and chose the City as the deep pocket and to pay. There will not be extra money lying around in the foreseeable future. Mr. Crum expressed concern about having to call a special meeting in which they would have to raise the levy rather than lower it; agreed with the desire to review things and noted his January recommendation that Council meet September 20, at the six-month point, to do a formal review of where they are with litigation included. By then they will have an idea of where the state is and what the legislature has done. Alderman Jean -Baptiste was not suggesting they do that at any cost. He said there are many competing interests and some of those are taxpayers' needs, if they can find a way to grant some relief. He understood they are facing significant liabilities. If they settle some of the cases and have extra revenue, they should pass it on to taxpayers. Alderman Rainey noted there is a recommendation to have excess liability insurance of $15 million, which carries a $2 million deductible. If they are going to talk now, after this budget has not been as carefully scrutinized by this Council as it could have been, this Council has to make a commitment to attend budget meetings. There was a serious problem this past year where people did not attend meetings and it is difficult to make policy when nobody comes. Alderman Newman recalled during the early 1990s, property taxes were not raised for six -seven years. Before that they raised taxes about 3% a year. What they ended up doing was raising every conceivable tax and are out of options. They cannot raise the sales or utility taxes and now, instead of raising taxes at 3% a year, they are at 6.5% annually on property taxes. He would love a budget with only a 2-3% increase in the property tax. Those years of no increase have boosted future years' tax increases. Alderman Jean -Baptiste repeated the amendment that Council not levy the tax in December that is approved now unless the City has generated revenues that are more than projected now to meet the tax amount. Voting aye - Kent, Rainey, Jean -Baptiste. Voting nay — Bernstein, Moran, Tisdahl, Feldman, Newman, Wynne. Motion failed (3-6). Alderman Rainey asked where the $550,500 from the sale of the stub of Isabella was going? Mr. Crum said Council would have to decide what to do with those funds, which are currently set aside in a capital fund. Alderman Feldman said it should be discussed but this was not the time to do it. Alderman Newman advised colleagues before they decide use of those funds, to tour their wards and look at the condition of streets. They received a lot of information at the A&PW Committee about the unfunded street repairs and rehabs that are needed. This money came from the vacation sale of a public street and the City is behind by multi -millions on streets; noted on Sherman there are holes from downtown to Noyes St.; suggested it go where it came from — the City's streets. That is a basic service. Alderman Newman made a reference to the A&PW Committee to look at the streets budget, to determine how thev are doine and what is needed. Alderman Rainey stated a responsible Council should identify this money somewhere in this budget. Alderman Feldman noted there was business regarding the ambulance fees. Mr. Casey said on page 36 of the budget, account 53675 - ambulance service shows a $100,000 increase, which they had just approved. Roll call. Voting aye —Bernstein, Kent, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — Moran. Motion carried (8-1). CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: approval to purchase excess liability insurance for the City; Termination of Joint Project with Wilmette; Appeal — 904 Hinman Ave.; Request for Redevelopment Proposals — Surface Parking Lots; Ordinance 28-0-04 — Amendments to CityBOCA National Fire Prevention Codes; Ordinance 7-0-04 — Zoning Map Amendment: Rezoning a Ul District to RI District; Ordinance 23- 0-04 — Special Use for 1168 Dodge Ave.; Ordinance 24-0-04 — Amending the Membership Requirements of the 10 February 23, 2004 Housing Commission; Approval of Township Monthly Bills; and Resolution 9-R-04 Amending the City's One -Year Action Plan for FY 04105. Seconded by Alderman Moran. Roll call. Voting aye —Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of February 9, 2004 and the Special City Council meetings of February 2, 2004 and February 10, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: * Approval, as recommended, of the City of Evanston payroll for the period ending February 12, 2004 and the City of Evanston bills for the period ending February 24, 2004 that those be authorized and charged to the proper accounts, summarized as follows: City of Evanston payroll (through 2/12/04) $1,913,114.06 City of Evanston bills (through 2/24/04) $2,002,921.53 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the purchase from Scuba Emporium of underwater rescue equipment for the Fire Department, at a cost of $29,151,14. (Funded in 2003 Capital Outlay budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Swiderski Electronics for Fire/Police Headquarters audio- visual equipment at a cost of $44,710. (Funded from the CIP budget.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from TransSystems Corp. for engineering services for Phases 2 and 3 of the McCormick Blvd. reconstruction project at an (estimated) cost of $221,000 (Phase2) and $347,000 (Phase 3). (Funded with Federal, State and City funds.) * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the one-year contract renewal with Yes, We Care Landscaping, Inc. for landscape maintenance along the Green Bay Rd. embankment at a cost of $62,210. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Glenbrook Excavating & Concrete, Inc. for the Orrington/Noyes junction box relief sewer project at a cost of $398,862. (Funded from the Reserve Fund.) APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0). * Approval of the purchase of property insurance for the City of Evanston in the amount of $375,000,000 (plus $100,000,000 Terrorism Insurance) from F.M. Global at a cost of $347,085. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the sole -source contract with Merrick & Co. for a GIS Data Compilation Project from 2003 Cook County Data in the amount of $31,663. (Funded in the CIP.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0). MEN * Resolution 5-R-04 — Tiered ADnroach Corrective -Action Agreement — Consideration of proposed Resolution 5-R-04, which authorizes the City Manager to enter into a Tiered Approach to Corrective - Action Agreement with Exxon Mobil Corp. concerning a contamination clean-up at 2966 Central St. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) 11 February 23, 2004 * Resolution 6-R-04 — License Aereement for Fence — 1211 Dobson — Consideration of proposed Resolution 6-R-04, which authorizes the City Manager to sign a license agreement permitting a fence to be placed in the r-o-w of an unopened alley behind 1211 Dobson St. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 12-0-04 — Aerial Easement for Clock — Church & Maple — Consideration of proposed Ordinance 12-0-04, which grants an aerial easement for a clock on the public right-of-way for the Harris Bank at Church St. and Maple Ave. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 18-0-04 — Special Assessment # 1459 — Allev Pavine South of Mulford St., East of Callan Ave. — Consideration of proposed Ordinance 18-0-04, which authorizes the paving of the alley south of Mulford St. and east of Callan Ave. through the Special Assessment process. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 19-0-04 — Special Assessment #1460 — Allev Pavine North of Hartzell St., East of Lincolnwood Ave. — Consideration of proposed Ordinance 19-0-04, which authorizes the paving of the alley north of Hartzell St. and east of Lincolnwood Ave. through the Special Assessment process. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 20-0-04 — Special Assessment #1461 — Allev Pavine North of Main St., East of Weslev Ave. — Consideration of proposed Ordinance 20-0-04, which authorizes the paving of the alley north of Main St. and east of Wesley Ave. through the Special Assessment process. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 21-0-04 — Special Assessment #1463 — Allev Pavine North of Davis St., East of Asbury Ave. — Consideration of proposed Ordinance 21-0-04, which authorizes the paving of the alley north of Davis St. and east of Asbury Ave. through the Special Assessment process. * MARKED INTRODUCED — CONSENT AGENDA PLANNING & DEVELOPMENT: * Ordinance 29-0-04 — Planned Development for 413-421 Howard St. — Consideration of proposed Ordinance 29-0-04, which approves a recommendation of the Plan Commission to grant a planned development at 413-421 Howard St. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 22-0-04 — Special Use for 845 Dodge Ave. (Tvpe 2 Restaurant) — Consideration of proposed Ordinance 22-0-04, introduced February 9, 2004, which approves a recommendation of the ZBA to grant a special use for a Type 2 restaurant (Subway) at 845 Dodge Ave. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) * Ordinance 112-0-03 — Zonine Ordinance Text Amendment — Consideration of proposed Ordinance 112-0-03, introduced February 9, 2004, which approves a recommendation of the Plan Commission regarding text amendments to the Zoning Ordinance regarding bulk standards for residential districts. * ADOPTED CONSENT AGENDA AND ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following appointments be introduced: Don Gold Arts Council I I I I Church St. 12 Lois Roewade Arts Council 933 Maple Ave. Naomi Sondak Arts Council 2522 Cowper Ave. Robert J. Romain Board of Ethics 1108 Harvard Tr. Stefano Mereu Energy Commission 1809 Livingston St. Janice S. Loughlin Environment Board 476 Sheridan Rd. Kristen Fifles Rowe Human Relations Commission 141 Asbury Ave. Janet P. Sullivan Human Relations Commission 1300 Rosalie St. Katherine Best Public Art Committee 1426 Chicago Ave. Mayor Morton asked that the following reappointment be introduced: Adrienne N. Hirsch Public Art Committee 1019 Hinman Ave. * APPROVED — CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: February 23, 2004 Alderman Rainey moved approval of the purchase of excess liability insurance in the amount of $10 million at a cost of $215,000 for the City of Evanston. Seconded by Alderman Moran. Alderman Rainey explained that members of the committee requested the cost of additional liability coverage. They discovered that an additional $5 million of coverage could be purchased for $75,000. The amendment would raise the cost of the premium to $290,000 for $15 million of liability coverage with a $2 million deductible. Seconded by Alderman Moran. Alderman Newman asked how the additional $75,000 would be paid for? Mr. Crum said from the Insurance Fund. Roll call. Voting aye —Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — none. Motion carried (9-0). Termination of Joint Project with Wilmette — Consideration of a recommendation to void the intergovernmental agreement with the Village of Wilmette for reconstructing a portion of Isabella St./Sheridan Rd. Alderman Rainey reported that this item was held in committee. Alderman Tisdahl had spoken with Preservation Commission Chairman Chris Carey who told her the commission makes these decisions without knowing that it would 13 February 23, 2004 cost the City $250,000 if they decide not to participate. He indicated the Preservation Commission would be happy to discuss this. PLANNING & DEVELOPMENT: ADDeal — 904 Hinman Avenue — Consideration of the appeal of the owner of 904 Hinman Ave. regarding the replacement of original steel casement windows with aluminum double -hung windows without a Certificate of Appropriateness or building permit. Alderman Newman stated this appeal was within the jurisdiction of the Council and was discussed at the committee with the applicant. The Preservation Commission recommended the appeal be denied. He and Alderman Wynne voted not to sustain the appeal. Aldermen Tisdahl and Bernstein wanted to find a way to extend this so additional information could be obtained. Mr. Murray, attorney for the applicant, was present. What persuaded he and Alderman Wynne in their vote was this owner is an experienced property owner who had several opportunities to obtain building permits, not just in relation to the windows, but for tuck pointing, downspouts and possibly the roof. He apparently did not obtain building permits, as he is required to do. That threw into question the reason he went ahead with the windows without consent of the Preservation Commission (904 Hinman is a landmark building), he claimed he did not know it was a landmark. The owner did not convince them this was an innocent mistake. Alderman Bernstein said he was looking for additional information. There was testimony at the Preservation Commission and evidence of improvement to the building structure. This owner did not follow the procedures of the Preservation Commission. Mr. Murray has outlined methods by which the owner can remediate slowly. They wanted information on what could have been done differently. For those reasons he asked this be held. The problem with holding is that Council has to act within 45-days and tonight ends that period. If they don't act, according to the ordinance, they in effect uphold the decision of the Preservation Commission, which denied his appeal and would mean he would have to order $40,000 worth of windows and come back to the Preservation Commission for a certificate of appropriateness. He felt that was harsh and they judged this person based upon partial information that he had to get permits for various improvements. Mr. Murray agreed not to use as a point for appeal the fact that Council did not act within the appropriate time and submitted a written waiver to that effect until Council approves it. He suggested this be held until they get information without having this considered a non -action under the ordinance, which means they take no action and the Preservation Commission decision stands. He stated that perhaps this owner was painted with the wrong brush. He said they had two distinct difficulties. If the owner proceeded initially without obtaining building permits that should be enforced and the Preservation Commission is concerned with the aesthetics of this structure. He asked this be held until the next meeting, which has been agreed to by the applicant. Mr. Crum asked if he was saying by mutual agreement they will extend deadline and does legal counsel agree? Assistant Corporation Counsel Ellen Szymanski said they could; the appellant agreed at the committee meeting that he would not hold the City to the 45 day limit. He presented evidence in writing that he will abide by that request and not assert there are grounds for appeal if there is any appeal. Mr. Murray concurred and stated he had signed a document that waived the time issue as a potential defense review. Alderman Bernstein moved to hold this matter over at Council. Seconded by Alderman Moran. Motion carried. No nays. Mayor Morton clarified that they had conducted the hearing that evening. Community Development Director Jim Wolinski said arrangements were made with Mr. Murray and the appellant to go through the building to see if any improvements made required a building permit. Request for Redevelopment Proposals — Surface Parking Lots — Consideration of the request for redevelopment proposals for selected surface parking lots as recommended by the Parking Committee. Alderman Newman reported the committee voted 3-1 to send an RFP for two surface parking lots to go back on the tax rolls, subject to a developer being able to maintain the current amount of parking. This was done at the Roszak project at Chicago/Dempster where the City received $850,000 for the property that went back on the tax rolls with the developer agreeing to maintain public parking in perpetuity. One lot is on South Blvd. and the other is on Oak Ave. across from the Post Office. Any proposals would come back to Council so they all would know what the project would be, amount paid for the land and additional tax revenue to the City. 14 February 23, 2004 Alderman Newman moved approval. Seconded by Alderman Wynne. Motion carried. Ordinance 28-0-04 — Amendments to Sections of the Citv Code and BOCA National Fire Prevention Code — Consideration of proposed Ordinance 28-0-04, which amends Section 4-5-2 of the City Code with Modifications to Section F-502 and F-503 of the BOCA National Fire Prevention Code regarding life safety/sprinkler retrofit ordinance. Alderman Newman reported a number of people that would be affected by this ordinance were at the committee meeting and they agreed this would be the first item at the next committee meeting. This was held in committee. Ordinance 7-0-04 — Zoning Man Amendment: Rezoning of Kendall College — Consideration of proposed Ordinance 7-0-04, introduced January 12, 2004, which approves a recommendation of the Plan Commission to rezone the area bounded by Sherman, Lincoln, Orrington and Colfax from U1 to Rl. Alderman Newman reported that this item was held in committee. Ordinance 23-0-04 — Special Use for 1168 Dodge Ave. (Tvve 2 Restaurant) — Consideration of proposed Ordinance 23-0-04, introduced February 9, 2004, which approves a recommendation of the ZBA to grant a special use for a Type 2 restaurant (Gold Coast Dogs) at 1168 Dodge Ave. Alderman Newman reported that this item was held in committee. Ordinance 24-0-04 — Amending Membership Reauirements of the Housing Commission — Consideration of proposed Ordinance 24-0-04, introduced February 9, 2004, which amends the membership of the Housing Commission so that at least three of the nine members are Evanston landlords. Alderman Newman reported the committee voted 4-0 to amend the ordinance. Mr. Wolinski said the amendment is under Section 5-6-2: ESTABLISHMENT OF BOARD: Nine lines down where the sentence begins, "sources of assistance for housing -related matters." The next two sentences are deleted and the following language is substituted: "At least one member of the commission shall reside in a rental unit in Evanston and at least one member of the commission shall be a landlord who owns at least one multi -family building in Evanston and resides in Evanston." Alderman Newman said the committee has held several hearings on landlord/tenant issues. There is a perception, argued by landlords that somehow this ordinance and how they are dealing with the Human Relations Commission, presents a picture of lack of equity. The committee tried to solve that by having a tenant and a landlord who lives in Evanston on the Housing Commission. He also thought it gave more flexibility to the Mayor in making appointments. Alderman Newman moved approval of the amendment. Seconded by Alderman Bernstein. Motion carried. No nays Alderman Kent said he has contacts with some landlords who don't belong on any board and he wanted that to be out front. They need to protect the commission from bad landlords, otherwise what they are striving for will be tainted. He thought they could find tenants who don't live in luxury housing, but average people who live here. Roll call. Voting aye —Bernstein, Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay — none. Motion carried (9-0). Alderman Newman made a reference to the Human Services Committee regarding appointments along the same lines for membership on the Human Relations Commission. In response to Mayor Morton, he explained the P&D Committee suggested the Human Services Committee look at the number of tenants and landlords on the Human Relations Commission. HUMAN SERVICES COMMITTEE: 15 February 23, 2004 Approval of Township Monthly Bills — Consideration of a recommendation to approve the Township's Bills, Payroll and Medical Payments for January 2004 in the amount of $96,767.20. Mayor Morton declared they convene as Township Trustees. Trustee Feldman moved approval. Seconded by Trustee Jean -Baptiste. Trustee Rainey found it curious that in the January bills, checks for $832.09 were written to Diane Benjamin with no reference to what they were for and asked why this money was paid? The response was this was money paid to Deputy Assessor Georgia Diane Benjamin for money she spent out of pocket for office equipment, furniture, supplies and postage stamps used in the Evanston Township Assessor's office. She wanted to think of the Township as a professional operation and found it unfortunate that these kinds of expenditures are being made with personal checks. The Township has various accounts and there was no reason why these expenses are being paid for by personal checks, especially postage stamps because there is a postage account. There is no January statement of functional expenses for the assessor's office that shows current month expenditures, year-to-date expenditures, the amount budgeted for that expenditure and the deviation. She asked why that was not provided and was told that was the Township Supervisor's fault and a bookkeeping issue. That report has been put out by Kent Financial. She realized they were powerless about anything spent by the township or assessor. She would like the Trustees to send a message that the operation be conducted in a professional way. She was not picking on the assessor's office, but trying to make it a place they are proud of. She wanted a more detailed explanation of what this is. Perhaps trustees could say in the future when these expenditures are made, they be made with Township checks that would be recorded on the bills list. She pointed out that trustees have a fiduciary responsibility to Township citizens. Trustee Feldman suggested they ask the assessor to provide a list of items for which she has dated and validated receipts. There is no reason why they should not know exactly how those items added up. Mayor Morton asked if they wanted to hold the bills until that information was obtained. Trustee Feldman agreed with Trustee Rainey that they should let the assessor know they would like a more professional approach and that it is inappropriate for employees to pay for things by personal check, then tell the trustees it is alright because they have receipts. Trustee Jean -Baptiste moved the bills be paid less the amount paid through personal funds and not approve until justified. Seconded by Trustee Wynne. Trustee Rainey asked if township assessor's expenses come out of the Town Fund checking account? Yes. Trustee Newman noted that Diane Benjamin is a I" Ward resident and an honest and professional person. There was no reason to accuse her of anything. All they need do is ask her to come to the next Human Services Committee meeting and show the receipts. There is no reason to imply that this person, who works for the Township and taxpayers, has done anything wrong and that these have not been legitimate expenses. If the assessor, who is an independently elected official, hears that it should not be done this way, it could be done differently. He did not see why an honest employee who put out her money should not be paid. This request came late. He saw no reason not to pay and suggested they pay and ask both the Assessor and the Deputy to attend the next committee meeting and ask them to do things differently. Trustee Jean -Baptiste does not know Ms. Benjamin; was not responding to honesty of the individual. He thought if they approve the bills they can make a statement as to the process to be followed. In this case, holding payment until they are satisfied does not say the individual is dishonorable. They were saying that standard practice in a public office needs to be followed. Some object to the method used. Trustee Feldman did not believe that anybody was dishonest, but that there were improper accounting practices. This implied communicating with Township Trustees in an inappropriate and unprofessional manner. He does not care about withholding the money, but about a serious look by the assessor at her professional practices and that she gets the sense that they are concerned. They do have the right to have clear, accurate well -presented information as dictated by contemporary accounting practices. Trustee Rainey said she never implied that Diane Benjamin was dishonest. However, she is paid over $50,000 annually 16 February 23, 2004 to be the Deputy Assessor. She acknowledged making the request Sunday, which is when bills questions are asked. She said it is difficult to get through the finances by Friday. She reminded them this is not the first time they have had this discussion about how the assessor does business. She pointed out trustees do not know what the assessor's office spent this month. She suggested that Trustee Newman be more objective in this matter. Trustee Newman said that Diane Benjamin is being penalized. She serves at the pleasure of the Township Assessor and takes direction from her; was told by the assessor to make these purchases, pay for them and would be reimbursed. What they are asking her to do is to carry $800. The Township Assessor should be told that if expenditures are paid this way, they would not be reimbursed. He said $50,000 a year is not a windfall. Trustee Wynne agreed with Trustee Newman. She thought $800 was a lot to be out of pocket. She offered a friendly amendment that Trustee Rainey will continue her scanning and that future, undocumented expenses would not be paid. Some thought Ms. Benjamin may have been reimbursed already. Trustee Feldman supported that amendment. Voice vote, motion carried. No nays. OTHER COMMITTEES: Resolution 9-R-04 — Amendine the Citv of Evanston One -Year Action Plan for FY 2004/05 — Consideration of Resolution 9-R-04, which amends the City's One -Year Action Plan for FY 2004/05 to reflect actual funding allocations for 2004/05 CDBG, HOME Investment Partnerships and Emergency Shelter Grants programs. Alderman Rainey said the reason for this amendment is when the committee allocated for the grant year they figured on the same amount as received last year. However, the grant was $14,000 short so the block grant had to be amended to $2,395,000. Alderman Rainey moved approval. Seconded by Alderman Bernstein. Alderman Tisdahl announced that she would abstain from voting on this item due to a possible conflict of interest as she serves on the board of the Evanston Childcare Center. Roll call. Voting aye — Bernstein, Kent, Tisdahl, Rainey, Feldman, Newman, Jean- Baptiste, Wynne. Voting nay none. Abstaining — Tisdahl. Motion carried (7-0-1). CALL OF THE WARDS: 4th Ward. Alderman Bernstein made a reference to the P&D Committee to determine a time that scaffoldin! is allowed to be U. He announced that YMCA's Brillianteen was putting on "Guys and Dolls" this year and tickets were available. Regarding the Recreation Board's reference, he said they have met with Crown Park and wanted to meet to take some action and did not know whether the Mayor wished to appoint a Task Force or subcommittee. Alderman Bernstein said at the March 8 Council meeting he would set a Civic Center Committee meeting date for which he needs information from Marty Stern. He announced a Public Hearing March 1 in the Council Chamber to discuss a proposal for a smoke -free Evanston. Alderman Bernstein congratulated Finance Director Bill Stafford, who was honored as Youth Volunteer of the Year at the Justin Wynne Memorial dinner. The Justin Wynne Fund sends children from the 5"' grade to a camp program and has expanded into a leadership award. 5tt'Ward. Alderman Kent echoed Alderman Bernstein's comments about Mr. Stafford; announced that New Hope CME 17 February 23, 2004 Church at Grey/Emerson has closed and is holding their services elsewhere now. He said they need information on the polling place at that church and the new senior facility at Dewey and Emerson. He said many think that he is against development. He is for development if it is for people who live in the 5"' Ward. He related a story that he hoped was untrue. The story is about a young woman who has worked in the community for some years and has two or three television programs on ECMC and had to move out of Family Focus because the rent was astronomical. They were searching for space in Evanston or could leave. The programs stress good morals, ethics, etc. When so many people come to a community they bring their ideas in the name of development. Everything they do is supposed to benefit the community, even if the building is abandoned and they fix it up, it is supposed to satisfy the needs of the community. There is a development group that is working on projects and has unused space and could help this individual. The individual went there, was not welcomed and the rent asked was $4,000. People have asked him about community development with the community folks. He said when a developer comes to a community with moderate/low income people, then what is developed should benefit people there. If the developer puts up a structure that people cannot afford, the developer should go elsewhere. He thought this Council needs to look out for that. He thought it was easy for developers to come to the City and say what they are doing in the name of community development, when in reality it is community development for their pockets. As soon as he finishes his fact finding, he will give the names of the individuals involved. When he continues to say the people coming are not good for the 5"' Ward, they probably are not good for the City. If nobody is going to stand up for residents as far as keeping the character of the community and trying to do things that Evanstonians can fit into, he thought within five -eight years everything they brag about what Evanston is will be lost. As long as he has served as alderman he has never felt that uneasy about saying it. This is hitting home. They have an opportunity in smaller areas, if they could find honest people who want to develop (they don't care about them making money, but how can they not develop something that is all-inclusive.) That is not happening now. If this story is true and he comes back with names, he will be disappointed and so will his colleagues. Many times it is not what is allowed to come into the community but it is about what is kept out of the community. He likes the 5th Ward and does not plan on being pushed out. There are some people who cannot say that because they don't know what the landlord is going to do. 6th Ward. No report. 71h Ward. Alderman Tisdahl announced a meeting March 15 at 7:00 p.m. at Northwestern's Nicolet Auditorium (2707 Ashland Ave.) for neighbors around the athletic complex to describe the university's building program. Administrators will be there to make the construction as neighborhood friendly as possible. 8th Ward. No report. 9th Ward. Alderman Feldman recommended a new production called "Far and Away" at Next Theater at the Noyes Cultural Arts Center. He described it as a powerful experience. It rivals any theater group in the Chicagoland area. He said there are few theater groups that would dare to do this one and the production received great reviews in the Sun - Times and the Chicago Tribune. Vt Ward. Alderman Newman thanked Roger Crum, Patrick Casey, Bill Stafford and others for their work on the budget. They did a good job. He made a reference to the Rules Committee to look at the rules for resnondinQ to citizen comments that are erroneous. He knows the general rule is that aldermen do not respond. He said, on occasion, citizen comment is used to put out misleading information. The most recent case was on the consent decree and a statement by Mimi Peterson regarding the effect of this decree on Sheridan Road, which was totally inaccurate. A memo in the packet explained the decree. He said they cannot allow people to stand up and put out press releases that say Sheridan Road is controlled by the University when that is not the case. They have had some of that with the gas tax. He said they have to get the facts out so there is honest discourse. He is all for citizen comment but not inaccurate remarks. He noted there was talk that when he and Alderman Feldman changed their vote on the Northwestern lawsuit, that 18 February 23, 2004 somehow people would not want to do business with the City. He thanked those on Council who talked them into voting for the settlement and the $700,000 for the City. One statement was that nobody would want to do business with the City and they were not honorable. He noted there is new project in the I" Ward where at least 20 companies are lining up to do business here. The downtown is an important place for people to spend their money and a long list of entities want to do business here. For the President of NLJ to say something different is a disservice to the community and shows him to be out of touch. He has never met Mr. Beinen; knows that NU files lawsuits, claims Council is against them and invites them to football games. He said the City continues to be a place where the business community is willing to do business and the City needs to stand up for itself. 2"d Ward. Alderman Jean -Baptiste congratulated Mamie Smith, the Fleetwood-Jourdain Art Guild, Doug Gaynor and themselves for bringing the Children of Uganda dance troupe to Evanston. They were a great treat and on a mission. He put out a call to 2nd Ward neighborhoods to stay organized and vigilant in addressing problems. They have a new problem -solving officer, need to call meetings and meet with the new officer. He commented that many have heard about developments in Haiti and some here will be impacted by this. Some people will demonstrate. The debate is about whether constitutional order or whether those with the biggest guns will rule. The community has some who support the opposition, but those who have relatives there fear the rebels will bring greater harm and instability to the country and harm its image as the country celebrates its 200th anniversary of independence. 3rd Ward. Alderman Wynne thanked Facilities Management Director Max Rubin for helping her see the future. Last Saturday she was there with her son and other students who held a mock City Council meeting. They debated and discussed a budget of $1 million, which they took seriously. Dutch elms would continue to be protected as well as funding for the homeless shelter. They were willing to eliminate funding for playgrounds and streets. She thought they have a secure future with young Evanstonians. There being no further business to come before Council, Mayor Morton asked for a motion to adjourn. The Council so moved at 12:05 a.m. Mary P. Morris, City Clerk A videotape recordine of this meetine has been made part of the permanent record and is available in the Citv Clerk's office.