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HomeMy WebLinkAboutMinutes 1999?*HNUTES OF THE RULES COMMITTEE MEETING Monday, December 7, 1999 6:00 p.m. Aldermanlic Library. Present: Aldermen Steven Bernstein, Stephen Engelman, Gene Feldman, Edmund Moran, Ann Rainey and Melissa Wynne Presiding: Alderman Art Newman Absent: Aldermen Dennis Drummer and Joe Kent, Staff Present: Judith Aiello, Roger Crum, Darlene Francellno, Douglas Gaynor, Kristia Leyendecker, Guest: Ann Carra, Ross Friedman, Ray Gogart, David Hodgman, Rick Marsh, dtiml Peterson, Bob Seidenberg, Sid Schazer, Larry Suffredin, and Rick Wylaa C'AL.L. TO OR_U R: Aid. Newman called the meeting to order at 6:10 p.m. APPROVAL OE MINUTES OF NOVEMB .RA, 1999: Aid. Feldman moved to approve the minutes of November 4, 1999 Aid. Rainey seconded. Motion carried. No nays. Minutes were approved. LEGISLATIVE P IORIT .5:Possible Prolects:Jpmes Paris, PolteelFire HO. Remotion Center and Streets/alleystsidtwalkslcurbs Aid. Newman stated that the committee needed to let Mr. Suffredin know what the priority or priorities are for his lobbying efforts with the legislators in the new session. Mr. Suffredin had not yet arrived. Alderman Newman opened the floor for discussion and any comments to the committee. David Hodgman, President, Playground & Recreation Hoard reminded Council members that the Playground & Recreation Hoard have been harassing Council for about a year on a project that goes back 3 or 4 years. He stated that the Board conducted an attitude and interest survey to determine what the community's recreational needs were and what problems they perceived in terms of recreational programming and facilities in Evanston. The Board along with other organizations thought that the focus in Springfield this year should be the new indoor recreation facility located adjacent to the old recycling center at James Park. The reason why it is so important and the largest concern that has been stressed, is the lack of an indoor recreational and D-mnasium space to accommodate the various recreational programs being conducted within the City of Evanston. Mr. Hodgman said not quite a year ago the Playground & Recreation Board did a dog and pony show for Council where a lot of representatives from different organizations came and spoke. Those organizations included FAAM (Fellowship of African American Men), that currently provides recreational programming focusing around basketball, but also includes strong emphasis on academics and other objectives for 350 children. A volleyball organization called Deep 6 Volleyball, which involves 125 children, AYSO, which states they have over 2,000 children participating in their soccer program. There was also Team Evanston, serving about 350 children, EYBA serving 600 to 700 youth and are going to expand their leagues to include a rookie league for ages between 5 and 15, There were somewhat smaller organizations, but organizations that are important to the community and who are engaging a lot of children, Evanston Tennis Associates, Inline Hockey and LaCrosse. All of these organizations expressed a problem with indoor space in our community for their recreational needs. Mr. Hodgman said what was most striking were the number organizations being forced to go outside of our community and spending a lot of money outside of our community to find the recreational resources. The single largest example was the number of people going to the 41 Club in Highland Park. Soccer clubs pay S 120.00 an hour and baseball players pay $35.00 for a half-hour of instructions and use of facilities in Highland Park. LaCrosse Teams, Team Evanston, and AYSO arc sending teams to Highland Park. The new facility that now has wonderful conceptual plans would mean that none of those people would have to leave our community to have their leagues. Another problem, for example the FAANI Basketball program would love to conduct tournaments and invite other f communities, but there is not a facility vrhere that can be done. W Marsh added that there is not one facility in Evanston that has more than one basketball court. other than Evanston Township Higr School. Sir. Hodgman hoped that he had made the point that there is a teal need in Evanston for this kind of racilie. and there is an opportunity to recapture a lot of money that is going ouside of our community. Mr. Hodgman knew some of the Council members had expressed concerns wh--n the Board talked about charging for the use of a public facility, although he thought they could charge for a lot of things that people are currently paying for when they go outside of our community. One of the nice things about ger-mg funding from Springfield would mean that they would not have to make this facility entirely self-sufficient. If :hey had to they could, but that would have implications for who could use the facility, which he thought would be urbcceptable. If they could get some help with outside funding, together with recapturing a lot of revenues that are b--n ing the City, they could pay for the facility. Mr. Hodgman said this was an opportunity because of the fact that the- recycling center is being reconfigured for the senior citizens and there is a lot of synergy between the senior citzens and this recreational facility that they would like to see built as well. The seniors would be able to use the facility during the day when it would not be utilized very heavily. It is possible that the senior citizens facility also could be used in part by individuals who are using the recreation center in the evenings, if it was not being used by senior citizens. Mr. Hodgman said it was very painful for him to compare the facilities that our cor. m-nunir. offers with some neighboring facilities when it comes to recreation. If we are going to continue to be able to compete, to attract and to retain the kind of citizens that we want to Evanston we have to offer these kinds of facilities as well. Mr. Waylan said high schools in Illinois are now bringing home state championships across the board. If you look in the direction of Schaumburg. Barrington and DuPage County and go and see their recreational facilities you'll get and idea of what %fr. Hodgman is talking about. They have tremendous feeder programs in there sports programs whereas many of our kids in Evanston don't even begin to play a particular sport until high school, which puts us at a real competitive disadvantage. if this new facility gets built, one of the most difficult things is going to be keeping it from being over run from people from outside of the community. because the demand for indoor space is so dramatic and that includes soccer tearns from local colleges and universities. This is a facility that could be operating almost 24 hours a day with different age groups and serving a wide range of groups from inside and outside the community at different fee schedules. It could very well become a self-sustaining venture and the most important item is that it is an investment in our kids. It is difficult to keep kids motivated and challenged. FAAM is an excellent example of trying to keep a lot of at risk kids motivated. The kids have to carry a sheet around in school to be signed by their teachers indicating that they are keeping up with their work. This keeps kids involved and the more opportunities we have for diverse sports programming the easier it is to keep kids interested in school. The people who are running these volunteer organizations, like him, are really trying to tie in with what is going on in school. He supports this proposal for a long -tarn investment for the kids in our community. A1d. Feldman said he was hearing a lot of diverse interest, all having to do with youth, recreation and sports, but some of them are different. LaCrosse is different than basketball and so is indoor soccer, but all seem to indicate that this facility will serve these purposes. As far as understanding the program statement and whatever instructions might be given to an architect that designs this facility, he wondered if the respective needs had been included. In other words the way you understand the program statement either it is, or you want to make sure that those opportunities extend to the various sports and constituencies for sports that are represented. He heard basketball, LaCrosse, soccer and Sven baseball, and would like feedback on that_ ,fir. Schanker said he didn't know what the program statement said but could say what the experiences were. For instance the 41 Club is an indoor multipurpose, multiuse facility which is amiable to indoor soccer. The same fields are quickly converted for use for LaCrosse, simultaneously with LaCrosse or indoor soccer going on. On the sides are batting cages where youth are getting baseball instruction, pitching practice. hitting practice and the like. There are over hanging baskets that are retracted when other games are going on and can be brought down when those games aren't. The facility can adapt very comfortably to all of these uses. If the question was, is there realistically a way to have an indoor structure that can accommodate those uses, his answer was yes and it was not just a theoretical answer, but it was one based on experience that he had seen. Ald. Feldman asked if all of these respective varied programs that were included in whatever instructions we have or have not anticipated giving to whomever does the design work for this or the preliminary design work? Mr. Gaynor x �^ said the only activity that he was awam of that would not be inclusive in what was being put forth in a conceptual design was swimming. All the others would be accommodated in this configuration of 2 indoor soccer fields and-3 indoor basketball courts. Aid. Fcldnun asked if basketball could be going on separately while other things were happening? Mr. Gaynor said the way it is designed, for instance the barring cages are with nets that are strung up into the ceiling area and drop down and can be used either dunng other actisrnes or by themselves. It is really a program planning kind of concept that can be used simultaneously. That is tht direction that was given to the architect working on the project. Aid. Bernstein asked what the dimensions arc of a soccer and LaCrosse fief.: hick Wylan said at the 41 Club their -- are several different size fields and they just adapt Mr. Schanker said their soccer fields are a little larger than their. indoor LaCrosse fields. The size brings in different sizes to accommodate LaCrosse as opposed to indoor soccer. They are set up on the same field and are portable. Mr. Hodgman said the conceptual plan they have been playing with includes an additional 3 basketball courts. separately 2 full size for indoor soccer arenas and between them and around diem baseball space. Mr. Gaynor addend as well as stating and the amenities for some locker rooms and showers. Those are some of the things that are being considered in this concept plan. Ms. Carta added and a walking. running track above the basketball courts which they hope seniors and others will use. Mr. Friedman added that EYBA's season starts the latter part of March. So you can appreciate the weather conditions that they are involved in. ."hcy not only conduct clinics but also have quite a few leagues with between 6 and 7 hundred players. Quite often they are out in the snow and the rain, not that he was complaining, but if they had a better alternative like an indoor facility to conduct their clinics to have some practices would be great. Mr. Schanker said although he was from Team Evanston, he thought he could speak in this regard collectively for the organizations which together, roughly 2,200 or 2,300 boys and girls from 5-19 years of age play youth soccer. Mr. Schanker emphasized that for half of these kids this not only effects their school work but also the kids are given an opportunity to be on a team setting. There are adults who are interested, show an interest and who are trying to teach these kids something. Typically coaches aren't their parents, they are outside people who are giving of their time or getting very little pay. These kids have an opportunity to learn to work in a team environment, to rely on others and the discipline that is required in order to be a successful team. We shouldn't loose site of this. This is a wonderful opportunity that kids have and people devote a lot of energy in helping kids have this opportunity. The more we can build and encourage on this we can get the ball rolling. We could get more people involved, more kids involved, and more people willing to do it because they will see this as an effort that is truly valued and truly supported in every level of the community. Aid. Newman thanked them for coming and making their views known. He stated that there is a subcommittee of the Human Service Committee, which is made up of himself, Aid. Rainey, Aid. Feldman, Mr. Hodgman, Ms. Cater, and Mr. Marsh. Several meetings had been held and an architect had been asked to do some work that was being paid for out of, he thought, the 300 hundred thousands dollars that Julie Hamas got for recreation buildings in the south part of town. He said that there would be a report of this group tonight at the Human Services Committee. Mr. Crum clarified for the people around the table that one of the priorities that the City has was that they were trying to go to the legislators with some really hot priorities. I or 2 projects that we can use some money. He said we arc not sure how much money we will get and they want to make sure that the project is going to be done. The recreation center is a great project but so far it is not scoped and it is very expensive. The question is are we ready as a community to say this is our top pnonty for putting legislative money into a project that we are not quite sure yet what the ball and the scope of it is? Mr. Crum said Mr. Suffredin would give an idea of how he sees the legislative process and what they arc really looking for in ideas. Mr. Suffredin said that not much had changed since he appeared before the Rules Committee about a month ago. Clearly the legislature is in a position if we have a focus on a specific project, to give us from 1 to 2 million dollars toward that project. Council needs to give him instructions as to what they want the legislators to go for. Mr. Suffredin said we have a new senator who is going to want to do things for Evanston. We have two representatives including the one who chairs an appropriation committee who is in a position to help us and another senator who is in the majority parry in the senate. We are in a position aitere if we focus we could get, he thought, probably 2 million. Also, Congresswoman Schakowsky's office called him and there are some federal funds available if" = willing to give them the right priority right now so that ore can get into the federal budgeting process. Aid. Vc mntn asked what those federal funds were. Mr. Suffredin said the federal funds would primarily be transportation, sewer. more traditional kinds- of projeeta. They are not going to do recreational centers. When we went through this before we talked about what the state had done with add-ons and they did do recreational centers, city halls, and a number of other projects. Mr. Suffredin said that Mr. Gaynor had asked him about the tourism dollars, Rosemont just got 750 thousand dollars in tourism money. There is money available for just promoting a community, which Evanston could probably get involved with. Again you've got to set the priority and tell the legislators what you want us to go after. Aid. Feldman said Mr. Suffredin had mentioned a number of different tourism money and wondered if it were one or the other or could we dip into different pots? Mr. Suffredin thought we needed one capital project that we could really go after the big dollars for. He said tourism stuff is grants and could be applied for. Aid. Feldman asked hove soon did Mr. Suffredin need their decision. Mr. Suffredin said the new legislative schedule is out. The Governor intends to announce his budget the first week of February. They intend to adjourn by April 15. 2000, which would: be 45 days sooner than they did last year. They arc going to be working on these initiatives by March. Mr. Suffrcdin thought what Mr. Crum said was absolutely right, we've got to be able to go to our 4 members with a plain because it is going to be very similar to what we went through with the million dollars for some kind of performing space. There has to be a plan on how the money is going to be used. Otherw-ise we are going to be competing against projects that arc very firm and people know what they want. For example someone will need a roof on a building or a new fire station. We need to have a decision by early January at the latest, and we've got to get our 4 legislators together and really get them focused on what is our number one ask. The viaducts will get done work will be going on within the next 12 months. Aid. Feldman wanted to know what steps did they need to take. He said fir. Crum mentioned that we were not certain as to the scope and wanted to know what that meant. Mr. Crum said bow large, how big, how much and where does the rest of the money will come from. Aid. Rainey said it sounded like if we had a fixed project it could go and could get funded for a certain amount. The strategy should include something that's very much likely to be funded as well. Because of the priorities that we have everything is equally a necessity. We've got to do it all. We've got to have streets and alleys done, we've got to have a recreation center, we've got to finish lames Park and we've got to have sewers and viaducts. She asked if the project should be something that would be attractive to Springfield or if it really matter. Mr. Suffredin explained the budget process as he had done in the last 2 years Any of the 4 areas that Aid. Rainey spoke about our legislators would find reasonable and would find that it is a way to show state government refusing funds to the community. The key thing and we ran into this a little bit with the performing arts center, if we get the: money we've got to make sure its a project that we are going to be able to complete. The language was written very broadly on the performing arts center in case we weren't building a new performing arts center so we could use it fair the repairs necessary at Noyes Street. The same thing would be true here because the way the state is going to manage whatever the line item is that we will get that money will be used as part of the overall construction of that capital improvement. He said as Mr. Crum pointed out that if we don't have the plan for how we are going to pity for building a recreational center then we are not going to get that 2 million. We could get some of it for planning, but it will not get handed to us. AId. Newman said Skokie spent 44 million on one bond issued in the 90's on their parks. We are spending maybe one and one half million dollars tops on our park system per year. As a city we are structurally deficient in funding an adequate park system which is a basic way of life for people. Take the library and the park system, we are not funding it in an adequate fashion. The City staff is overwhelmed with things we have to do on the capital side. He didn't expect anybody on the City staff, except for the Parks Director to fully be in line with where we ought to be as a community when you look at what is on our plate. But we are deficient and as for as he was concerned we've got this unique thing whcrc Evanston's park district is built in to the City government. We are not meeting our obligations to the taxpayers for a quality park system. If we were to get 2 million then maybe we would go to the voters. Tell them if they want to havrt one building in Evanston that is state of the arc in the 90's, that can deal wi�b the changing recreational needs that have gone on in the country and that we are going to have in the future. One building, not like Oakton, Devonshire or Weber Parks and not like the golf facility in Highland Paris. Some of the things that we have talked about for youth is having a place, there is going to be in -line skating that could be done io provide recreational opportunities for youth on weekends in this building. He wants to rind a way to get it done zmd he wants to lay the foundation for the work that these people have been doing for a year. It will be tough, nothing on the list is not important. Aid. Rainey said there are other things that aren't even on the Iist. Ald. Newman said everything is important, but it doesn't change the fact that we have a city that has very significant recreational needy. If he thought we would have a better chance of getting the money for police and fire, he would say police and firs" Mr. Sufferdin said that as leaders of the City he would encourage them to be united and unanimous in saying this it what we are going to spend the money on this year. Ald. Rainey asked if with the 2 million would we have a fully funded project? Sir. Sufferdin said yes. Aid. Newman said refinancing the dent on the fleet service bonds that are 7-year bonds would get us an additiaml 5 or 6 million without raising taxes. Sir. Hodgman said a significant portion of this could be financed with revenzon the City would not have to pay for all of it. If the City was willing to do a project finance bond, a portion of this capital improvement could be paid for by the revenues from the program. Aid. Engelman said the demand and need for an indoor recreational center is huge in Evanston and has been for a number of years. He has been taking one, if not more of his children to the 41 Club a few times a week and though it was S 180.00 just for his daughter to participate in the indoor LaCrosse. But the issue right now is what do we do for Mr. Sufferdin between now and January. Aid. Engleman asked if we had a project of bricks and mortar fully designed and capable of being built for the police and fire headquarters that we have already decided that we are going to spend 2 million dollars on? Ald. Wynne said we really we need about 3.4 million. Mr. Suffeedin said legislature does a budget annually and there will be significant dollars available because of this overlay of the tobacco money. We really need to go to them with a project where they can see that if they plug money in this thing it will actually happen. Aid. Newman asked if everybody agreed that they should push the policc/firc station? Everyone agreed- %it. Suffrcdin said he knew what Mr. Hodgeman had talked about in terms of the revenue bonds and felt that this was clearly a project we could work on for next year. Aid. Ncwman said to Mr. Hodgeman and the members of the recreation board, we are talking about really basic needs where we are deficient, where we've got to get this indoor facility on the list of what we need to have in this town. He didn't think anybody should be disappointed. People are hearing what they are saying and what has to be done is partially what we are going to do tonight, convince the Human Services Committee to go ahead and fund the 15 thousands dollars for the architect and we look to find away to fund this. Aid. Newman said the police and fm station also is very attractive to legislature. Aid. Wynne wanted to hear what the highest amount was. Mr. Sufferdin said the highest amount of projects that t=s been seen in this last budget was 6 million dollars to the Kohl Museum for the purchase of land and the building crf a new museum and they've yet to buy the land. Most of the municipalities were dealing with much smaller amounts_ Mr. Sufferdin said the process is he has got to sit down with our 4 legislators. Remember it is their member initiative that we arc dealing with and all of our legislators represent other communities besides Evanston. We are going to be pushing them to get a large portion of their allocation in this next budget year to come to Evanston. M: Sufferdin would rather see the leadership here make the priority rather than give them 2 projects. Say hypothetically that the recreational center is the project but they can only come up with I million dollars, we are still 7 million dollars short. That money could sit there for up to 3 years under the rules they have. That wouldn't help us, it would certainly not help us next year to come back. Mr. Suffrrdin said that if we could show completed projects we would have a better chance for those elected officials and the state government to feel empowered by this. We could ask for the bigger amount, but he thought if we go with police and fire station at the point that is being talked about he would feel a lot more comfortable. We've got a better shot at getting what he thought is the maximum limit, 2 million. AL Mr. Hodgeman said nerytiody l as xrR-#::ed an enormous amount of their ume and there has t%'Cn a iot of Ume invested in trying to bnng forward t:ss tr--r=uoxaal facaht} at Junes Pmk It has reached a point *tATc just tirDc isn't enough. They did ruse some MIXIC.and Rot some contribution from the community for some %cry Carty cxper-sm fit gathered ti at them is some rnvrxy that now is going to be used Go Pr the architects. But be would hope that the Council would commit to spending a little bit more money to help tla= bring this plan along. Othem Lst a y= :: +m now ihcr won't be at the point that they need to be. It can not be dace simply with volunteer efforts- Ott Gx}ax uad 250 thousands is needed - Aid. Feldman moved to instruct :o inform and consult with our legislators and indiext that it is the wish of the City of Evanuon that thcy apply far ir,.i provide gra-ni money in the amount of 3.9 million to assist us in completing our already designed police sad fare renovation project Aid, l=ngrlman seconded. Motion tarried !'to nays. Mr. Sufferdin said remember Just as •+6c did •+ith the performing arts center. tux line item will be to the City of Evanston for a police and fire facilities. it mill be that broad They arc not going to ask us for blueprints. Mr. Cr= said we have them. Aid. Newman said he is committed ar:4 he lcrows that other members of the Council are committed to try and look for and turn over c%cry stone and there are some of us who clearly recognize the need for a recreational center. And once we as a Council recognize it then Lie staff is going to recognize it_ We are making progress and we are going to get there. Tonight we made a good dms:onlie asked that the people from Playground and Recreation Board to hang in there. Aid Raincy said Aid. Newrr.,tn is really right on the issue of financing. She thinks that concurrently with the development of tits designed project, the very next step should be some real brainstorming sessions on financing. We don't need to talk about rover bladding any more, we know all of that. The thing that we do not know anything about at this point and time is how to pay fur the project. She was very excited and very interested in Setting into this. Aid. Feldman said during the National Lr=gur of Cilics Conference he met with the Mayor of New Haven, Connecticut, John Desafono. In their comzrsxtion regarding contributions that Yale makes to New Haven. He indicated that as a result of an action by the Connecticut League of Municipalities, the State of Connecticut now gives New Haven, Connecticut 78 cents an every dollar that they lose as a result of having a private non -for -profit school in their community. Aid. Feldman a -as getting the ordinance this week that the state passed. He then went to the executive director of the Illinois Municipal League, Ken Olderson and told him about it. Mr. Olderson said that Evanston's initiative or interest should be forwarded to him and he would be fiery interested in presenting it to the Illinois Municipal League's board of directors as a possibility of a legislative initiative. In order to snake sure thu what is already happening with public schools in the State of Illinois, private schools, and communities with privaw schools it would be reimbursed to some extend because of the kind of propem taxes that they lose. As soon as he has ilia[ utfunuation and he told him he would get it to the City Manager. Aid. Newman asked if there was a sense from the committee that they would like to make that type of initiative. The response was yes. Aid. Newman world like to have full enthusiastic staff support for this. ADJOURNMENT: Meeting adjourned at 7:10 p.m. Respectfully Submitted. Darlene Francellno 0 MINUTES OF THE RULES COMMITTEE MONDAY, DECEMBER 4, 2000 6:00 p.m,. ALDERMANIC LIBRARY Present. Aldermen Steven Bernstein, Stephen Engelman, Gene Feldman, Edmund Moran, Art Newman & Ann Rainey Presiding: Alderman Ann Rainey Absent: Aldermen Dennis Drummer, Joe Kent & Melissa Wynne Staff Present: Maureen Barry, Roger Crum, Darlene Francellno & Mark Franz Guest: Bob Atkins, Beth Demes, Judy Fiske, Lynne Heidt, James McWiH Mary McWilliams, Lorraine H. Morton & Bob Seidenberg, CALL TO ORDER: Aid. Rainey called the meeting to order at 6:14 p.m. APPROVAL OF THE MINUTES OF OCTOBER 2. 2000: Aid. Newman moved for approval of the October 2, 2000 minutes. Aid. Bernstein seconded. Minutes approved. REVIEW OF ETHICS ORDINANCE: The Legal Department provided the committee with two documents. One regarding "Ethics Code Violation Not a Basis to Remove an Elected Official from Office". The committee agreed to accept this document as a communication. Aid. Rainey opened the floor for discussion on the second document regarding "Notice to Alleged Violator of Board of Ethics Inquiry". Aid. Newman stated that he thought the Legal Department had begun to address this issue. His greatest concern %%as the fact that complaints could be made to the Ethics Board and people could appear at the Ethics Board without the accused knowing about the meeting. And to the extent that the new language gives immediate notice to anybody accused, they are beginning to make progress towards dealing with the situation. Aid. Newman underscored how important this was. The latest complaint before the Ethics Board K•as outrageous and the whole conduct in the way it was handled was an embarrassment to the City. Not by the Board, but the fact that it got referred, the fact that the accuser didn't show up, the fact that it created a lot of aggravation for somebody in the community. His concern was that no testimony be taken by the Ethics Board until they have given notice, given the accused an opportunity to respond and the Board has made a determination that the complaint in fact alleges a violation and has jurisdiction. a Aid. Rainey said when she made the motion to require 24-hour notice to else accused from the time that the accusation was made to the Ethics Board, she meant that was a practical correction, but she had no problem with the two business days. What she also intended was that the exact piece of paper or the exact complaint be transmitted to the accused. Not a 24-hour notice that there has been a complaint lodged against someone because of thus and so, but the exact complaint_ In addition the person wbo files the complaint needs to be revealed to the accused. She wanted to know if there was a legal problem Mth that. She added that they had never received the reports from the Ethics Board on what cases they've had before them from the past G months or the past year. Aid. Engelman thought it was good they were giving the accused notice am-3 -that it was about time. Aid. Bernstein said he thought Aid. Rainey's idea was a good one with respect to getting a copy of the complaint, which should show the accuser's name. He stated that the Board should take no action whatsoever until such time as they review both, outside the presence of any parties. What they do now is bring in the accuser initially and question them. They are only getting one side of the story. Aid. Rainey said on the business notification to the so-called accused, 24-bour notice, plus the complaint, they can't protect the accused. Because the complainant has the opportunity and the freedom to give their complaint to the Evanston Review, Evanston Roundtable, or the Daily Northwestern and whoever else, before they give their complaint to the Ethics Board. Aid. Bernstein said he recalled the story that ran in the Evanston Review ahvut Ms. Heidt. There was at least some confirmation by the Ethics Board. He did not think they should have the ability to open their mouths about anything until after the initial meeting which should include a review of both. Aid. Engelman said he didn't think there u as a confirmation. They didn't find probable cause. Aid. Bernstein said they confirmed that a complaint was filed and they were going to be hearing it. That is enough sometimes. Aid. Engelman asked if the agenda of the Ethics Board was a matter of public record? Aid. Rainey said she had never seen it. Aid. Newman said he wanted to add two points to the document that Ms_ Szymanski prepared. One being that no testimony will be taken by the Board until notice has been served on the accused and the accused has had the opportunity to respond_ The other being that no testimony will be taken until the Board has determined a viotation has been aIIeged and the Board has determined that it has jurisdiction. The reason being was because of what happened in the case referred regarding Ms. Heidi. his. Heidt had to consult an attorney and go to an expense in terms of time and aggravation_ If the Board first has to go through a process of serving notice and getting a response, then they can determine, prior to a hearing time, whether it has jurisdiction over the person. And whether there is a violation, then the person who is accused will be spared perhaps with 2 having to get an attorney. The way it is right now you have to start getting ready for the hearing because there really is no process that anybody understands. Aid. Moran said one thing that struck him, which was cczsistent with what Aid. Newman said, there was nothing really to control the in5ow of complaints. It was the same as lawsuits, anybody who can write something on a piece of paper can go to a court house, walk into the clerk's office, denominate that pape., a complaint against someone and file it. That does not mean anything of consequence is going to come from that. It may be frivolous and may be completely out or order, etc- That also can happen in the intense of citizens filing or people in general filing ethics complaints before the City and being referred to the Ethics Board. He thought there was something in the ordinance that controls the Ethics Board that says they do have to crake some preliminary determination. That what they have in front of them stases a set of facts that would be a violation of the Ethics ordinance. Ald. Moran said if it is not clear now in the Ethics ordinance, there should be some statement in there to the effect that the Ethics Board should meet to review a complaint and make a determination that things have some facial merit or not. If it does not, the ordinance should direct them to say they are not going to entertain this any further. If it does then all the things that have been talked about, sending notice to the alleged violator, etc., etc., all that stuff should happen. He even Thought that it might, and he emphasized might, be a good idea to suggest that the Ethi-.s Board make that primary, that initial determination in conference. The reason being is that when it becomes public that there is a compliant, and sometimes that complaint is going no where, it doesn't say violation of the Ethics ordinance, it really is a inconsequential thing that nobody should be wasting their time on. If that is the case, why let the alleged violator and everybody else who gets worked up about this stuff, bother with it. It was said before, the person is going to run out and hire a lawyer and get ready for a hearing, etc. and maybe there isn't going to be a hearing. Maybe nothing is going to happen, other than the Ethics Board looking at it and saying this isn't worth the paper it is written on, end of case. Aid. Newman agreed with Aid. Moran except for the problem that somebody can make an ethics complaint and it is sent to the Board. That person can call up the City and ask when the board is going to meet and that person who makes the complaint can be there pushing the complaint. Aid. Moran said that was correct but what he was saying v.-as change it. Change it so that you don't have anybody there. The first thing they do is Look at the complaint and determine whether it equals anyone. Aid. Rainey commented that provided for in the ordinance, it is an advisory opinion. They meet and determine whether or not an advisory opinion is warranted or whether an investigation is warranted or the request for an advisory opinion has merit. Then make a determination about a hearing. 3 Aid. Newman said he did not disagree with what Ald. Moran said about possibly meeting in pri,--ate. His concern was that a complaint could be sent to the committee and theta the committee has a meeting at one of its regular meeting times and the proponent of the complaint can be present. If they are going to do something like that then what they would have to say is before they place it on their agenda, they will make their own determination whether or not the written complaint has jurisdiction over the person and whc&,er there is substance to the alleged violation. Aid. Feldman asked whether it would be private or public! Aid. Moran said he didn't know- what was best. But if the Ethics Board goes into executive session one possible benefei is that the broad publication, people feeling they have to respond, hire lawyers, etc. all the rest is suppressed with the idea that it might very well be that after that one meeting it is done. So when they walk out of the room at that point, no one can say there is some pending complaint against such and such a person before the Ethics Board of the City because there won't be. If there rill be then it becomes public. If they say it is not worthy, if it is not meritorious it is over. Mr. Atkins, an attorney and resident of Evanston said he represented the respondent in the la-t couple of ethics hearings and felt change was necessary. The procedure was seriously flawed. What appeared clear to him was that any letter whatsoever, from any citizens in Evanston, immediately goes through the Corporation Counsel office, and then immediately to the Ethics Board. Or they may write directly to the Ethics Board. There is no interface whatsoever with the Corporation Counsel making any kind of a determination, ascertainment or anything else. Once that process starts the Ethics Board has it and that is the problem being discussed. Because what happens is the complainant is there, the Ethics Board is there and the complainant talks and they may go into executive session. What comes out of that is they are going to hold a meeting in the future to determine whether they should go on. By already setting a meeting in the future and talking to the complainant, it is already out that this complaint is a serious complaint. They can label it anything that they want. Mr. Arkins said the last case with Ms. Heidt was a case in point where they finally summons her after the complaint was made. The Board said they were going to have a hearing. They had not determined any of the merits and were going to hold this hearing to see whether there was something there for us to go to the next step. Ms. Heidt, Ms. Eiske and himself appeared up until that time and others had sent materials to the Corporation Counsel's office and probably to the Board. Basically showing that Ms. Heidi was not on the Preservation Commission when all of these allegations took place - So consequently they would have no jurisdiction. He said at the meeting he had materials and suggested to the Chair that he wanted to submit those materials. The Board voted 2 to 1 that there was merit for them to look forward and obtain information He stated that the legal officers of the City of Evanston don't do anything without the Board telling them to do anything. The legal department should determine in the first 4 instances, whether or not there is any merit whatsoever in the letter that comes through the transit. And determine whether or not they should go forward with the matter. It would take 10 minutes for Corporation Counsel to close a case right away and make a report to the Ethics Board that there is no jurisdiction for the following reasons. The previous cases were not done this way because of the process, procedure, the ambiguities and the fact that the Board did not know what they R•ere doing caused problems. Ald. Bernstein said he had some problem with that. Referring to the initial observer, Corporation Counsel, which he didn't necessarily want to place that on any lawyers head, but the committee meeting in executive session makes a determinarion. Not on the merits but if in fact all the allegations contained are sufficient to warrant, then send it along. Mr. Atkins said you couldn't tell on the surface of the complaint whether there was jurisdiction without making an inquiry. Aid. Bernstein said if the complaint says they alleged that a commissioner was improperly using her office to review or modify a boarder of a landmark district. On its face if those allegations could be proven as true he would submit that would be a violation of the ethics ordinance. What he is suggesting is that if all of those allegation taken as true, he would think that the committee could get together and say she was a commissioner and if there Was this chance in the boarder, that would give rise to an allegation. He did not really Want anybody, any complainant, before this body without somebody present who has access to the complaint before this thing happens and who has a chance to respond. If you move along to that point it is pretty much over. You've already created the same problem being discussed now. Ald. Bernstein further concurred with what Aid. Moran said that somebody in executive session should make a determination if these things are correct_ There should be an initial determination. Ms. Heidi said she wanted to translate all of this into a time frame so the committee really knew what went on. First of all if she had done what she was accused of, whether or not she was on the commission at the time, she not only should have been thrown off the commission, she should have had her real estate license revoked. It was an incredibly serious complaint and went to the heart of the way she earns her living. She said the complaint apparently must have come in June when the Mayor vetoed the ordinance, because that was one bases of the veto. Mayor Morton stated that she knew absolutely nothing about it. Ms. Heidi continued stating that the letter of complaint against her was dated in July, which was about a month after the Mayor vetoed the ordinance. She learned about the complaint at a street fair in late August. In September she got a letter from Ms. Szymanski telling her that there was a complaint against her with a copy of the complaint and notice that there was going to be a hearing. The night before the hearing she was told the hearing was moved to October. In October a lot of evidence that showed she had nothing to do with this was no[ only given to Ms. Szymanski, it was given in 5 duplicates so that every single member of the Ethics &xir l could have a copy. It was x at distributed to the members of that committee. The Karl voted 2 to I to further investigate. Finally, in November the complaint heani. On the day of the heating at noon Ms. Szymanski finally let them have $00 pages of investigation stuff on this. It turned out that it was a copy of the Preservation hearings, it %vas a farce. That is whim you need to address. Ald. Rainey said the time issue aas the first thing they dealt withL. It has to be 2-business day and that will resolve notice of the complaint. Ms. McWilliams said one of the problems at the October meeting was that one of the. Board members said he could not make a determination of whether there was sut}ide= information. There was not sufficient information in the complaint itself and there wars not sufficient information to determine whether they should move forward or whether they should drop the whole thing. So part of the problem is in the language of the accusation. Aid. Rainey said they probably could not do anything about that. Ms. Fiske said besides Ms. Heidt's case there was her own case and Ms. McWilliams' case. They were clearly volunteers and not on the Preservation Commission. The similaricbm between their case and Ms. Heidt's case was that there was ample evidence that they were not Preservation Commissioners, just as there was ample evidence that Ms. Heidi was not on the Commission at any time the historic district was being planned or consulted on. Her concern was a little bit different than Ms. Heidt's. What was happening in their case were two things. First of all the Evanstonians for Responsible Preservation were inclined to punish them. They admitted that to her at the last Ethics Board meeting before the last one. The other thing that concerned her was public patiicy and as Mr. Atkins referenced to the Mayor's veto. When they first learned about the charges made against them it was after there had already been an Ethics Board meering- The person making the complaint had been invited and had brought their supporters and had made their case to the Ethics Board and she and Ms. McWilliams knew nothing about it at all. She stated that those who make policies and laws of the city have to be very, very sensitive about that. Mayor Morton said she only had one letter come to her asking that something be sent to the Ethics Board, which was the one that was sent. It was given to the legal department~ After it got out of her hand she had absolutely nothing at all to do with it. It was not that a letter came and said this was wrong, that was wrong and then a decision was made by the attorney to send it to the Ethics Board. The correspondent itself made that requesz- That needs to be kept in mind. Ald. Engelman said he thought it was absolutely essential and thought that they all agreed that notice should be given immediately upon a complaint being submitted. TEotre can be no way that they can prescribe how the complaint is set up, because they will get citizens who will send letters. This is what they do and they have a right to do it. He did think it was important that the complaint be discussed publicly and not privately by the 1� Board and not by Corporation Counsel. The reason it should be done publicly is because the complainant is going to get it out in public if that is what he or she is really after. You are better off having it publicly discussed and he would rather not have it at the Corporation Counsel office because that is subject to someone sayirt,-,, this is being politically done because they have control of the administration and the staff. That is why he thought that notice and an initial determination in public by the Ethics Commission as to whether or not this states a bases upon which an investigation is warranted. Which is what they've already got, as the appropriate way to do it. The only thing that needs to be added is the notice provision. Aid. Feldman said he thought the Ethics Board should get solid information; investigate immediately upon the presentation of a letter and a recommendation on the part of their investigating officer on why it either should or should not carry on. That is a solid bases to either go forward or not. In the meantime, it is not a complaint that has been made, but it has not been before the Ethics Board and there is an interface, a standard by which those complaints must have. It is one thing to say every citizen is entitled, but not every citizen is entitled to automatically, clearly, without any kind of bases whatsoever, smear someone publicly. Aid. Engelman said they are. Ald. Feldman said but they should not add authenticity or validity to that because of their system. An investigating officer getting all of the complaints would have found that out immediately that she wasn't even on there, would have brought to. the face that this is what they've got, this is the information, it is clear it is without jurisdiction. And that would get an investigating officer on it, right away, as opposed to going before the Ethics Board and having them decide to a further mass of information or not. That is one kind of hurdle, in essence, that a complainant has to go through, and it is a protection of the accused, because some information, as part of that investigation the accused is contacted. Information is gotten on both sides and then the case is presented. Ald. Newman said the point is what are we going to do to protect reputations of people who volunteer. Nobody is saying that the entire process should be private. An initial determination and an executive session where it is not a public meeting, whether there is a covered person and there is merit, and he thought that Corporation Counsel could insist on pointing out to the Board, is this person covered and what part of the ordinance. If they did that and then that report was reported publicly he did not have a problem with it. They are either going to find no finding, or they are going to say there is merit and there ought to be a hearing. He would like to have something built in the ordinance where there would be an initial examination, perhaps with the Corporation Counsel's assistance in identifying things that would not be in public. He would like to suggest that they follow-up on notice but also follow-up on an initial determination of covered person and subjects be made in executive session. 7 Aid. Rainey said when you boil these two cases down, they both could have been ended by the use of common sense, by a Corporation Counsel making two phone calls. One in the case of Ms. NtcWilliam and his. Fiske and one in the case of Nis. Heidt. By Corporation Counsel calling another department and asking were these two people members of this Board during this period of time, yes or no. But it didn't happen that wa:y and she did not know to what extremes they could go to protect agninst people not using common sense. Aid. Rainey asked that Mr. Franz get the additional changes to this ordinance on the 2- day notice. Ald. Moran added and the initial review. Mayor Morton said for the Liquor Commission, if someone goes out and they find that there is a restaurant that is violated, the proper procedure is they must whie up the complaint, have it notarized, before they send it to the liquor commissioner. If people who make allegations were forced when they make that allegation to send in supporting evidence, notarized evidence it would eliminate a lot of these problems. Aid. Engelman stated that you can't control the letter writing. Mayor Morton stated that if you set up an ordinance you could, like it was done with the Liquor Commissioner. Aid. Newman said he would like to have the ordinance amended that the Ethics Board shall not take testimony until the Board has determined a violation. Aid. Rainey said and jurisdiction. Ald_ Newman continued saying and has been alleged and the Board is to determine that the person who the allegation was made against, is a covered person and that determination should be made in executive session. if there is a report of a finding after they've made that determination which took place in executive session, can be reported in public. Mr. Crum asked on the jurisdiction issue, is this person covered. He thought that could be handles as an initial step, it is either a yes or no. Aid. Rainey said she thought it was. Mr. Crum said that was not the correct process, but one could be done either by process or by ordinance saying that the Corporation Counsel shall review to determine does this person come under the ordinance. Aid. Rainey agreed. Aid. Moran said he thought it should go to the Ethics Board and they should request that Corporation Coun_ssel come in and advise.. Ald. Rainey said what she thought was that the Ethics Board was out of control. They are not following any rules or regulations or anything. The Rules Committee is trying to fix that now. When these changes come back it will be made clear. However, she thought the City Manager was right. Thcy could resolve a lot of these problems, common every day ordinary citizens can not be held accountable by the Ethics ordinance. And on no other Ievel, on that level alone, Corporation Counsel should have the authority to say, n this person was under the jurisdiction, right then. Ald. Newman said it is ultimately the responsibility of the Board. Aid. Rainey said then the Board has to accept that. Aid. Engelman said common ordinary everyday citizens are not subject to jurisdiction. People who volunteer and sit on boards and commission who are like those who are elected are also to some extent public figures. He appreciated the fact that they get paid, and they run for election. Volunteers do submit their names for appointment. Volunteers are as much like elected officials as they are equally like privare citizens. But with regards to having a determination as to whether or not the complaint warrants future investigation or states the cause of action, or alleges a violation, he did not think it should be done by the Corporation Counsel. The Board of Ethics should only do it. Yet, he did not believe it should be done in executive session because if you announce it afterwards, you have hidden from the public the reasoning why. He feels that if you are going to make the ultimate result public, then the process public should be public. Aid. Newman said that was not the ultimate result that he was suggesting. He was suggesting they do an initial determination and if it is unfounded, it is announced. But if there is a finding that there is an alleged violation of a covered person, it is only the beginning where the then accused will then have a later opportunity to be heard. Aid. Engelman said if it is being used for political purpose it will be public, because if it is being used for political purposes the only way it gets political, the only -A-ay it has an impact as a political purpose, is by making it public. Aid. Rainey said she would like to see the changes they've recommended to come back to them. Aid. Newman said he was not clear on the recommendation. Ald. Engelman suggested that Aid. Newman put his suggestions down on paper, bring them back to the next meeting and they would vote on each one separately. Aid. Newman agreed. Ald. Rainey requested that the Rules Committee get an annual report from the last year from the Ethics Board. Aid. Bernstein added that he would like to get minutes on these two cases. He stated that John Chatz, Chair of the Board of Ethics was suppose to provide this information for them two months ago. NEGOTIATING TEAM COMMITTEE REPORT: Aid. Rainey said the Negotiating Team had received a letter, in response to a letter she had sent, that President Benion was able to meet with two members of the Team. She had written him a letter indicating that they would meet in private in order to get the discussions underway with a list of dates. She requested that the group say yes or no that they were willing to meet and who would like to meet. She had gotten very negative feedback, but thought if they were going to go forward, they needed to take this step. W, Aid. Bernstein said he didn't know if they were authorized to meet in private. The committee initially gave them the ability to meet three from the team and to meet in public. That is the threshold to decide on, whether or not the Rules Committee or the Council is going to allow that. Aid. Newman said whether and how they meet should be made by the entire Council. Aid. Rainey asked for a motion to recommend consideration of this by the Council. Ald. Newman moved. Aid. Feldman seconded. Motion carried. Aid. Rainey said she was feeling really disturbed that this was getting so close to Aldermanic elections. She really hoped that they could get into this before then. Ald. Feldman thought that one of the discussions that the Council had to consider was whether or not there was any change at all by the vehement attack on the City Council and its history by Northwestern and its public relations and lawsuit. He asked if that made any difference at all? Aid. Rainey said it did not make any difference to her, she was willing to talk with them. Ms. Heidi asked when would be the next meeting discussing the Ethics Committee. The response was Jan 1. ADiOURNMENT: Meeting was adjourned at 7:14 p.m. Respectfully submitted, Darlene Francellno OR DRAFT NOT APPROVED AILNUTES OF THE RULES COMAtiTTEE MEETING Wednesday, Nomusber J. 19" 7:00 p.m Aldermanic LA`brary Present: Aldermen Steven Bernstein, Dennis Drummer, Stephen Engelman, Gene Feldmaa4 Joe Kent, Edmund Moran, Ann Rainer and Melissa Wynne and Mayor Morton, Presiding: Alderman Art Newman Staff Present: Roger Crum, Dave El" Darlene FrxnmHno. Krfstla Leyendecker, Jim WoUnski Guest: Brian Cox, Al Cubbage, Marilyn Lebock, Steve Perrino, Mimi Peterson, Bob Seidenberg and Air. Rothchild CAL_j_ TO ORDFR: Aid. Newman called the meeting to order at 7:10 p.m. APPROVAL_ OF NTINUTES OF SEPTEMBER 7, 1999 & OCTOBER 6. 1999: Aid. Feldman moved to approve the minutes of September 7. 1999 and October 6, 1999. Ald. Bernstein seconded. Motion carried. No nays. Minutes were approved. ESIABI ISIi TEAM TQ DIS . ISS MUNICIPA . CONCIFIANS, WITH NORTHWESIERN UNIVERSITY Aid. Newman said this agenda item should be construed as that and also considering wording for the proposed referendum. Aid. Feldman move that the Rules Committee recommend to the City Council the language for an advisory referendum that was submitted by Mr. Dave Ellis of the Evanston Fire Fighters Local 742 and was suggested to Mr. Ellis by a Mr. Dale Berry of the firm Cornfield and Feldman. The language reads "Shall the City of Evanston enter into negotiations with Northwestern University for the purpose of obtaining annual financial payments from Northwestern for its fair share of the costs of the fire, police and other municipal scn tees that it receives from the City of Evanston? Aid. Rainey seconded. Aid. Newman opened the floor for discussion. Aid. Feldman said he had spoken on this issue before and reiterated on things that he remembered in which he negotiated with N W for its fair share of fire services some years ago. One of the handicaps he felt the negotiating team had was not a clear demonstration of public support. That public support was eluded to by the Council and questioned by the University and was a wash. In many ways the negotiation team tell disenfranchised and without a mandate. In some respects the University looked at the negotiating team as a representative of the Council only, and not as an extension of the general citizenship of the community of Evanston. One of the reasons he was supporting the Advisory Referendum was to make that clear one way or another. Either the citizens of this community are dramatically in support of this referendum or they are not. fie thought it was important for the Council, the rest of the community, and very important for the University to know this. Aid. Bernstein said he was looking for a contribution, he didn't want to be compelled to give something up. A subcommittee got together and came up with some language that was then, changed by the staff and it was a shadow of its former self. He thought the referendum was a good idea because we will know one way or another where people stand. His question was what are we negotiating? EJ DRAFr NOT APPRO% M Aid. Rainey suggested changing the language to say soheit from N'W, if we air held to the letter of it. Aid. Bernstein suggested request a contribution from NAV. Ald. Feldman said a request 6vuld be done by letter or by resolution of the Council. He thought "negc6bations" was reasonable. It doesn't say what yna are negotiating or how much or anything else. He also thought that the Council had to really address tho issue as to what it wants exactly and what its negotiatm.a positions arc and will be. It dons %'t have to be done before an Advisory Referendum. Aid. Bernstein said his only hang up was the word -rimmiations". He wants the referendum to show how the citizenry of Evanston feels about whether or not \tip' is making a fair share contribution for whatever services. He has said before that NW believes that the,, do, He takes in consideration what NW does for the City, but they can do more. That is the sense that he is hoping the community will impart to the Council. When he hears the term "negotiations" it's with one person having something that they want. He wants NW to make a contribution, a financial one would be great_ Negotiation implies something more and he doesn't want to have to go in and hear that they will give us this, they will give us that. He is looking to determine whether or not the community wants the Council to ask NNV to make a contribution.. He asked that "negotiations" be defined. Aid. Newman said there are two ways that an Advisory Referendum can get on the ballot through state law. It can be by a petition or a City Council action. This is the language that the Fair Share Coalition, a community group, has requested to be put on the ballot. In his own opinion the referendum is not the City Council's referendum, it belongs to the community and we have been asked by this community group to assist them in getting it on the ballot. Aid. Bernstein stated it was not strong enough. It implies that we are in a give and take relationship. Maybe there are things that we can give and take within the context of our ordinances and such, but the ultimate issue is whether the community believes ,tiW should do more for the City. He said if everyone else but him thinks that "negotiations" sums it up and we are not going to be limited by it, then he has no problem with it. There was some question early on about in your face, not in your face; well it is in their face. Many people from the Council have indicated that in their opinion NW could do more. When this first came up a long time ago, he was just concerned about the issue of negotiations, the: question, the definition of negotiations and the context of it. Implicitness is something that he necessarily doesn't want to go in with. Aid. Rainey said the only problem she had with the language was that it is very explicit in that it is talking about a fair share for services that the University receives. You can see by the propaganda that NW is churning out, that NW has identified the services they receive and have indicated their minimal. When she read the last horrific piece she was in a rage, it read one hundred and forty thousand dollars for fire and ambulance service. We all pay insurance so the fire department will be there when NW needs it and NW needs to pay for that too. There are many more dollars that we all spend that we pay in real estate taxes for services we never receive. But we make them available to an), citizen who lives in this community. One of the reasons our taxes are so high, in addition to the fact that NW pays nothing, is that we have an enormous population in this community who does require extraordinary services. Aid. Rainey said she would like to get on with her life and away from this issue. Aid. Wynne said if :old. Bernstein felt that strongly abour the word "negotiations" and other people might interpret it in the same ►vay that should potentially be the change. Because then you are embarking some perhaps mixed views, of what you are planning to do. She completely agreed with Aid. Rainey that if you look at what NW has sent us, they have already defined what their contributions are, 140,000 for that fire service. What if NW had 400-fire service phone calls in a year or a whole dorm burn down. That's why we have the fire department, so that if the whole campus caught fire we could deal with it, not if NW only had 58 fire calls. Her concern was this is fairly limiting language. DRAFT tiOT APPROVED AId. Feldman agreed with Aid. Rainey and Aid. Wynne. There are thousands of people in this community without children that contribute to the school districts, many of which don't have cars and pair for our roads. Ntiv should be talking about how they are meeting its obligations to society, not about paying for something they are getting. N«" should be talking about its obligations to this community, its obligations to its neighboring citizens, its responsibility for the welfare of this community as a major citizen. Not about accounting procedures, and where and how- it can exhaust, beautify and sustain this community. Aid. Newman offered an amendment to the language as Aid. Rainey had pointed out. He suggested taking out the words "that it receives from" and insert "provided to the community by". Md. Newman said the wording would read "...annual financial payments from NW for its fair share of the costs of fur, police, and other municipal services provided to the community by the City of Evanston." Aid. Bernstein second. Aid. Newman asked the members of the Fair Share Group who were present at the meeting if the change was ok. They had no problem with the change. A majority vote ruled. Aid. Drummer had some of the same strong feelings as many of the others. He said NNV should contribute more. He said all due respect to the Fair Share Committee, they've done a wonderful job. It was commendable that they could go out and get as many signatures as they had. But it was clear to him even without the signatures, how everybody felt in Evanston. One of the problems he had with the referendum issue itself was what does it make one do? NW already knows how the community feels, it has been galvanized a little bit more, and again he applauded the Fair Share Committee, they did a great job. Negotiations are things that both sides agree to enter into. No matter what the referendum says, the other side may say they don't want to negotiate about anything. We want to pursue the issue of talking to NW. That's what he likes to call it. He continued by saying we need to talk about what is the direct beneficial interest in the total city for both sides and where our interest lies. NW and the City of Evanston are forever tied together no matter what we feel and think. We have to understand both sides. He sees that the Council is trying to find a way, and has said a couple of times close the gap or bridge the gap and create some trust and those kinds of things. Aid. Drummer said that as it stood he could not support the concept of the referendum. This is where again he congratulated the Fair Share group. He believes the time is right. We could get something done and he believes in that, and he believes it will happen, and the referendum may come about. But he would like to believe that by the time this referendum shows up on the ballot, if it makes it there, that the Citv and NW would be well on their way to figure out what's best for the common good_ At some point and time we have to position ourselves to do that. Whatever action is done today has a profound effect on what is going to happen tomorrow, We all have to think now about positioning ourselves to do that. It is not just this issue, it's the big issue and that is to enter into some real, real fruitful talks. Nobody wants to waste his or her time anymore; enough of that has happened. He said as Aid. Feldman will tell you we have sat through committees, and been through this all before and he is totally at the end of his rope with it. He feels like Aid. Rainey, he wants to get on with his life and solve this once and for all with NW. He sees that he has to approach it a little differently in order to make something happen. Aid. Engleman said he also believes that NW can and should make a more substantial contribution to this community than they have and than they express that they will. Also like Aid. Drummer he feels that there is a better way of doing this. The referendum is not going to solve that problem first and foremost. It is important to attempt to have a dialogue with NW regarding areas of mutual concern and benefit that we can bring to the other side. He also thought that attempting to do that while at the same time voting for and going through the public debate of this referendum, to him would be working across purposes. He would hope that we could reach the issue of what are we going to do with negotiations, before we deal with the issue of wording. On the other hand if the referendum is going to go he thought now was not the time to do it. He had problems with the wording. He didn't know what the word fair share meant and he 3 DRAFT NOT APPI OVM was not sure that we would ever get a response from our citizens as to what fair share meant and you are asking the citizens to vote on this? What is it that we as a Council are defining the word fair share to mean? How can we ask the citizens to decide whether they should or should not do it? This was an example. Aid. Bernstein said he thought the Rules Committee had already voted to go forward with the refe=xlam so the fact that a referendum or not. was not an issue tonight. The discussion wa to be about language for the referendum. He didn't think the referendum and negotiations or conversations or whatever you wanted to call them, were mutually exclusive. He felt you could do both. He viewed the referendum as informational. In his heart he truly believed that NW really believed that they did enough. He was looking for some comfort level to see that the majority of the people in the community believe, as he believes, that NW could do more. He didn't really get the sense that YW thought they should do mom had to do more or didn't do enough - Aid. Newman thanked Ald. Bernstein for making the point that the committee had already approved the concept of having a referendum. It is still here to deal with the language and that the commentary ought to be on the wording and whether we send the wording to the Council as opposed to the merits of the question of whether or not we have a referendum. He asked Aid. Bernstein if he had anything else to say on the wording. Aid. Bernstein said he liked the amended wording better, and he agreed with Aid. Engelman, he didn't know what fair share means. Certain ambiguities he can deal with, fair share is something about which we can have conversations. His intent in putting a referendum on a ballot and again the referendum may never have to go on the ballot, we voted but if we can get together and reach a core with NW, we don't put the referendum on the ballot. «'e vote to take it off the ballot. He thinks things can go forward at the same time. If in our negotiations or oonversations about mutual necessity and benefits to the City and NW, we determine that NW really doesn't think they are not contributing enough, we will have some sense of what the community feels to add to what we are already telling NW, as now a Council. He hasn't heard anybody say that they contribute enough. Even among people who don't want the referendum thinks NW should pay mare. Ald. Rainey said there are some legal obligations to approve a referendum for the ballot. However, that lead-time is longer than removing it from the ballot. If a fair share agreement comes up prior to that time its ok, but the point was NW should contribute their fair share. Aid. Feldman said NW knows the way people feel. It has been reported to him that a recent high level official of NWU referred to these people, on the white paper (document titled NWU and Its Impact on Evanston) as a few people. Aid. Newman said on the white paper on the first line it says "a small group of Evanston residents recently have raised the question of whether NW..." Aid. Drummer said that's standard rhetoric. Aid. Wynne said she thought Ald. Nc-wman viewed this as the Council providing sort of a vehicle. We are the vehicles, by which this goes on the ballot, although we have altered the language. This is the Fair Share Action Committee's essential language and we are facilitating their putting it on the ballot. She thought to some extent there was this issue of, if you narrow the language too much, NW is going to come back with a very narrow answer and say that was the referendum question and here i < what they will do. That is a problem. It needs to be made clear that we are just facilitating this issuk 'ue said it may sound very lawyenstic, but if you are saying we are facilitating this community group vest to be placed on the ballot, recognizing that this is something to have questioned and would like :t 'wered, but that it is not limiting us. That is something we have to recognize. If she were NW she wu- ook at 4 MAFT NOT APPROYID just exactly the wording of this lauguage and come back with a vay tumw arts%% cr and site thinV3 Zhu would be NW's first tactic. Aid. Wynne said that suddenly the Committee is arguing over Ittc %Nrrding, when «r are doir:L this ss sr:cc of a first step. She was not sure whx the answer was other than to redraft, and she didn't think that anyone really want to go into that. That is a problem that the committee has to figure out how to addrtess,. We are not wedded to this language_ but we are facilitating this to obtain an answer. Six,: thoucht thu it had to be made clear if we go forwwd with this and appruv a it for the ballot, that this is samply a starting point. A few AIdermen tonight hav: made it clear that if this discussion starts that this lsngungle does not limit us. This is a problem that we have to make sure is avoided. Aid. Wynne said her hint was that yntr don't want to be tied down by someone else's Ia%vyers' interpretation of what was wonled- Aid. Engleman said for many of the reason that Aid_ Wynne pointed out he didn't think it w-as apt—,..:4:+. for the language to include the words "its fair share of'. As he said before, he was oppes d to the referendum, he thinks the better approach is dialogue. If you are going to have this refercridutn, you are asking the citizens to vote on motherhood and apple pie. Everybody is going to say of ccAu-se, everybody should pay his or her fair share. Aid- Rainey said but everybody doesn't pay his or her fair share. Aid. Engelman said the first thing you will hear somebody say on the other side, whether it is NW or anybody else, I do pay my fair share. We may not think it is a fair share, we already know there is some 3,000 plus people that don't think it is a fair share. He gave an example, do senior citizens pay their fair share; they get an extra exemption for being a senior citizen. Does that mean they expect to get any more or less benefits? No. What is a fair share? He said he thinks he pays his fair share. That is where he has the problem with the language. You are setting this up for a referendum that everybody will vote yes, and as Aid. Wynne said someone else's attorney says we do it. Aid. Newman asked if there were any more comment on the language? There was none. He asked for a vote on the language "Shall the City of Evanston enter into negotiations with NWU for the purpose of obtaining annual financial payments from NW for its fair share of the costs of fire, police and other municipal services provided to the community by the City of Evanston." A majority vote ruled. Mr. Crum asked if the action was to be placed on the November 8, 1999 Council agenda to the City Council for official adoption to the Council? Aid. Newman said yes forward it for the Council to take whatever action necessary to place it on the March 2000 ballot. At this time Aid. Feldman left the meeting due to having had surgery the day before. Aid. Drummer said referendum aside, NW believes they pay their fair share and it is up to the Council to convince them that they really don't. There arc some ways to really do that. He asked if anybody from the City, since the last meeting, picked up the phone and asked anyone at NW if we could sit down and talk? We need to ask NW that question right off the bat. Then there are a lot of other things that we need to work on. It will be a sensitive thing. It is going to be eery, very critical in the way everyone conducts himself or herself as we are trying to make this happen. First of all, he didn't think anybody wanted to sit on a team and begin to look like a fool. The Council has to really be serious about this issue. NW needs to know that we need to sit down and really get to the nitty gritty of what benefits both the City and NW. The most critical thing is that the people who sit across the table from each other needs to know that each side has trust and respect for each other. Aid. Drummer gave an example. If he sat down to the table with Aid. Wynne and the first thing he did was called her the biggest racist in the world, she would be through with him. There would be nothing for them to get done after that. Aid. Drummer said again, never underestimate what you say today, because it has a profound effect on what happens tomorrow. Sometimes you can say and do things that you can't recover from. All this is important to try and get 5 D4.AFr NOT AP'PRC61ED things done. You'll have a team out them trying to work its way d rougb but you've got a 47t of pieces tearing at it all the time. We all have to be on track and be able to see :..e dig picture of whz we are trying to do. Aid. Engelman asked what was it that this Council was expecting to discuss w-rth 714;,K regarding municipal concerns? What was the objective? it was very difficult for him to �-Lc =t until he got s sense of what those people who advocated this, in light of the referendum. were :ccAzing for. He heard Aid. Feldman, not talk about a payment for fire services, he talked about a cont^ :non because NW ba$ a lot of money and we need money and it was the right thing to do and it's a chantabie issue. It isn't f share, its more than, or it could be less. Aid. Engeeman said he is trying to figure cur, before he can r=Oy comment on whether he supports a negotiating team and who should be en it, he :-r_ds to get a sense cf what the Council expects out of this negotiating team. Do they expect to co in a"..: iay NW write a chick or do they want to discuss how can we help solve each other's problems Aid. Newman stated that Aid. Engelman and Aid. Moran at the last mecring waait",d xo talk to NW. He continued by saying that conceptually we are on difi'crent pulses. The Village of S;Liaalic purchases 2.8 million a year in water from the City of Evanston. The Village of Skokie is not con—mbuting anything ao Evanston's budget. What they are doing is purchasing the service that we provide in many, many ways. Then he sees 1.4 million dollars in water bills listed on the white paper, when every other entity in this town is paying water and real estate taxes. He sees on the white paper utility tat and everybody else pays utility tax. He see building permits listed on the white paper that the City has to have special people on staff to inspect because of how big NW's buildings are, that cost the City hundreds of thousands of dollars a year. He knows that there is probably between 3 or 4 thousand people living on NW property and University housing. Aid. Newman said there is no other non -for -profit that he knows of to such a large extent that has such a significant amount of our population. The City's budget is 130 million and if you applied this to businesses in town, businesses don't get garbage picked up, but they pay property wes. There are businesses in town that never has a police or fire call, but they pay property taxes to suprport the polict, fire and everything else. So he thinks philosophically when you look at the white paper there is a very convenient rationalization that is present there. A rationalization that he doesn't thing NW quite understands. NW has been briefed on the financial situation of this City, especially in regards to our tar weight and in regards to our capital needs. Then they lead off on the white paper that there is a small group of people that are interested in this issue. Aid. Newman went on to say that there arc errors through NW's white paper. The fire departments annual budget to produce a fire department is much more than 7 million, that is the g--neral fund that we pay, we also pay between 2 or 3 million a year more for the fireman's pension. That is paid for by property taxes, NW pays zero for that. We also pay 6.8 million a year for the capital needs, much of which is the police and fire. We just found out we have a 3 or 4 million dollar project on the table for police and fire, that is paid for by property tax, NW pays zero for that. Yet NW puts Fri the white paper that the fire department only costs 7 million dollars to operate. There are many other errors in this paper. Aid. Newman said Aid. Moran made the point that we have to do a lot of lone studying before we are ready to negotiate so that we knov- what we arc talking about. At this point and ttmc he might not agree with how long the study ought to be, but he thought we ought to have the City ~tanager put together a very aggressive response to this white paper. Then call another meeting to talk about when to negotiate with NW. NW has their position and he thinks that as a City we ought to analyze this. then talk about negotiating. Aid. Drummer said that everything Aid. Newman said was right and he thinks everybody knows that. But he wouldn't react to this white paper too much. He thought it was really immaterial. The white paper 0 DRAFT NOT APPROVED will end up hurting NW more than it will ever help them. This white paper is the biggest mistake NW will make and the City will make a bigger mistake by trying to respond to it right now. You don't have to respond to anything. %% hat needs to be done is if you are going to appoint the committee, appoint the committee and let the committee figure some of this out. You might want to legislate too much and by time the committee gets there, there will be nothing for them to do except turn around and go back home. Aid. Wynne agreed with Ald- Drummer. Aid. Wynne said in terms of what Aid_ Engelman said she thinks the goal is the greater economic health of Evanston. She said Aid. Drummer had some good paixtts about the idea that we have to sit down and start having a dialogue. Which is a problem that whenever people don't talk to each other they don't understand each other's problems. NW may have been briefed, maybe they need to be briefed a few more times and have more discussions with individual Aldermen about what the individual problems are and get a better sense of +►-hat is going on in this City. Again, to her the goal is a common one; it's the better economic health of the City of Evanston. If we become so unhealthy that we begin to hemorrhage, and she thinks that is a problem that we might intentionally be looking at, then the amount of money that NW would have to spend to stop the hemorrhage is so big they would not even want to think about it. We need to improve our financial health The healthier we are the better off hilt' is. It isn't a give this for that. To her by joining forces is a win, win situation. We are trying to educate h'W on how they need to participate with us in this common goal. It will be a long dialogue that has to be built on trust and right now there isn't a lot. That is the first thing that has to be done. Aid. Rainey said Aid. Wynne really touched on the issue. If this community were decaying as New Haven, you would see SSW making a fair share for its own advantage of course. When mothers and fathers come here from New Hampshire or Nebraska, they see the most beautiful community with trees, and beautiful homes and a lakefront that is to dic for. We make it easy in this community for NW not to pay. Aid. Rainey Said Aid. Wynne is right NW has no sense really of the pain and difficulty that the City goes through in order to make ends meet. We arc hurting and infringing real hardship on some of our citizenry in terms of the sewer tax, property taxes, and fees. We have to pass these things in order to make this torn work. If the City was in a state of decline she thinks NW would step up to the plate, but because we go the extra mile and because we pay more to make things good, she thinks NW has felt very comfortable not helping out. Aid. Rainey moved that a committee be appointed to negotiate. Aid. Bernstein said we ask our lobbyist to go to Springfield and bring back money for this and for that. He has no problem if NW would like to endow a performing arts center for the people of the City of Evanston. Call it NN%"s Evanston Performing Arts Center. Let them have some of their stuff there, let them have some private stuff there. Let them make a contribution in a different way, an in -kind contribution. Aid. Bernstein said he wasn't at the last Rules Committee meeting, but what he thought was going to happen tonight, was to vote on language. Suddenly we have a committee being formed. It is not a bad idea to form a committee to have a conversation with NW. Aid. Bernstein turned to Mr. Cubbage and said we would like to talk to you. hfr. Cubbage said they would be happy to talk. AId. Drummer said that was a very good move and he thanked Mr. Cubbage. Aid. Newman said he was not looking for a one-time contribution to a performing arts center. If there is a group that goe-s to the University, they have to go to the University not with the whim of the particular people who are on it, but very specific direction from the entire Council. The negotiating team that we will send needs to have very specific direction. The team needs to be truly committed to obtaining the goal that the Council gives them as to what the City wants. We have to be specific in telling the negotiating team what we want. We need time to develop what we need to do now that we have heard that NW is willing to have a conversation with us. 7 DRAFT NOT A MG'*MD , Aid. Drummer said it has to be left broad. N'W is not foolish enough to believe that if they come hwk- again and say we've given 5 jobs to 5 teenagers over on the wcmidc that thcy*,.v made any ditTeren`-e;, because they haven't. Aid. Bernstein said the performing arts center was a for instance. He didn't w-ant to be limited eitaer. Qf we decide that we can use an endowment of our t1cet, if they want to adopt our fire department, we see very skilled at moving funds from one to another. If we have someone else pa%ing for our cnpitat improvements, that frees up dollars someone else. He said it'$ a small start, but 5 people for jobs is a start. His sense for tonight was to decide to appoint a commimm, he thought the motion was for the Cbmir to appoint a committee. The committee's mission is to be determined. Aid. Kent said we have all received the copy of maybe 4 or 5 pages of all the wonderful things that ;3S]ii does. He thinks looking through NW's glasses they probably drink that those are wonderful things and when they come by and pick up litter in the community those are wonderful things, when they send tutors over to the schools those are wonderful things. We are to the point now where things are a lot more serious than they were then. We need them to come through in a big way. We are not talking about jobs. we are not talking about tutors, we are not talking about all those fantastic things that every University does when ever they are, if they are going to effect the comm=ity. He thought we should say up front what we need and then as Aid. Drummer had mentioned before, ask them to talk. We've heard that NW is interested, why don't we go with our group, and say this is what we need, this is what we need help on and give NW a chance to respond however they are going to rt--pond. NW is part of Evanston and Evanston is part of NW. Aid. Kent said he didn't necessarily disagree with Ald. Bernstein on the performing arts center but he wants money, however he wants them to be free, because one of the things that we've missed over the years between Evanston and W is creativity coming up. That is important. NW has to know what we want and we have to give them a chmce to come to bat and say we are going to answer the call or this is how we are going to answer the call. Ald. Newman said the motion is that the Rules Committee appoints a negotiating team to discuss municipal concerns with NWU. Aid. Wynne seconded. Aid. Drummer made the point that much time could be spent on trying to figure out your strategy till, yaa lose the opportunity to get it through the door. Clearly the timing is on us now and we should not slow down, we should move ahead. He considered Mr. Cubbage saying yes tonight as a move and it will be small steps, but you've got to work your way to that. Aid. Engelman said but it's a small step in the right direction. Aid. Newman said he was a bit concerned about the direction and democracy. It is discussions of financial issues, of public issues and public bodies whether we like it or not we have to thrash through what we want to do in negotiations on financial issues in public. He is going to support the motion but whoever the tram is needs to have a clear direction and they need to report back regularly. They also need to go with some type of financial presentation. He didn't think that the University got it, as to -%'here the City is. Where people are in terms of what they have to pay for taxes and water and everything else and if they were open to being educated he would assume that is part of acting in good faith. Ald. Engelman said he wanted to try an amendment to the motion. He suggested that the Mayor and two representatives, decided by the Rules Committee be on the team. The reason he thought the Mayor should be on the team was because he thought that would make it very clear how important this Council believes this negotiation should be. The Mayor is the representative elected by all the citizen of this community, not just in individual wards. Aid. Drummer seconded. DRAFT NOT APPROVED Aid. Rainey said she thought that made ahsoNteiy no sensr because the purpkmc of the committee is to negotiate a fair share payment, contributiow from NW and site believes that it is the Mayor's undyiuig philosophy that NW does enough as it is and is not intcres-wd in a iditional cvsnmitmcnt. Aid. Dtummat said that statement could be made about _3 people and thca you %,.ill have nobody to put on the committee after awhile. Aid. Drummer said he thought that was an uaftir summent. Aid. Rainey said the purpose of the team zt to negotiate money fr,,m NW to ,.N-,ntribute to this community's operation cost. She was not making a criticism of the Mayor and could be totally wron& but she believed from listening to our Mayor's comments, that the Mayor is not oommitted to that. She vras just trying to make a statement that she believes to be a fact qvm listening to the Mayor that thinks the Mayor feels as others in this community Ertl as Mr. Sunshine or Mr. Cubbage or whoever wrote that white paper feels that their current contributions in terms of whictic tax, energy tax, whatever they pay is enough. Aid. Rainey said the Mayor should be asked. Aid. Newman asked the maker of the amendment to withdraw the amendment at this time, because we don't know that the Mayor Wants to serve and to have the Mayor voted down potentially as a member of this team, is not a constructive thing to do. Ala. Engelman said with all due respect to Ald. Rainey he thought the purpose of this team was to discuss municipal concerns with NWU. That was what he heard the motion to be and that was what he thought it was. If you characterized this as a team to go to NW to discuss a contribution of money to this community, there is a difference in my opinion. And if in fact the charge to this committee is to go to the University to get them to contribute money to this community, not to discuss municipal concerns, but to contribute money to this community he had no problem withdrawing his motion. Since the Mayor was not present he withdrew his motion. Aid. Newman said the intent of this committee, as he understood it is to discuss financial issues. Not to talk about parking at Dyke Stadium, or specific zoning of a specific piece of property, but to talk about the most important issue that faces this community, the financial situation of many things. The motion on the floor was to withdraw the amendment. Aid. Engelman asked that the motion be repeated because he thought it was to discuss municipal concerns with NWU. Aid. Newman asked Aid. Rainey if she had a problem amending her motion to include the word financial. Aid. Rainev said of course not, that is what she thought it meant. Aid. Newman said the amendment is to "Establish a team to discuss financial concerns with NWU." Aid. Wynne seconded. Motion carried. Aid. Newman said this would go to the Council. Aid. Engelman asked if before this goes to the Council is the committee going to be established, because it would be silly to send it to Council and then have it sent back to the Rules Committee? Mr. Crum said actually the motion was for the Rules Committee to establish a committee. Aid. Newman said that's right. [fir. Crum said so it doesn't go to the Council now. Aid. Engleman said icis just send it to Council once. Aid. Newman said if anybody wants to volunteer to be on this committee to send their name to the Chair and then once we have the committee, we will get to this. Aid. Newman said he wanted to amend the motion, we are going to establish a committee and he didn't have any problem if the City Council acts for the Rules Committee in this place. 4 `: � i DRAFT NOT APPROVED Aid. Engelman moved to adjourn. Ald. Moran seconded. Aid. Engelman said the Rules Cwmmitthc could pick the people on a committee. He withdrew his motion out of courtesy to Aid. Drummer. ALL Drummer asked if people applying for the committee specifically exclude the Ntsyor? Al& Nevms= and Aid. Rainey said of course not. Aid. Rainey said she was glad Aid. Drummer asked because she didn't want it to be misinterpreted. Motion carried. No nays. AD�C43MMEDIT: Meeting adjourned at 8:35 p.m. Respectfully submitted, Darlene Francellno 1Q MINUTES OF THE RULES CONOUTTEE NFEETING Wednesday, October b, 1999 7:00 P.,%L ALDERI ANIC LIBRARY Present: Aldermen Dennis Drummer, Stephen Engelman, Gene Feldman, Joe Kent. Edmund Moran, Ann Rainey, Melissa Wynne and Mar -or Morton, Absent: Alderman Steve Bernstein Presiding: Alderman Art Nenznan Staff Present: Roger Crum. Dave Ellis, Darlene Ftancellno, and Mary Morris Guest: Wellington Howard, Larry Suffredin, Bob Seidenberg of the Evanston Review I. CALL TO ORDER: Alderman Newman called the meeting to order at 7:10 p.m. II. APPROVAL OF MINUTES OF SEPTENiBER 7. 1999: Minutes were not approved. III. DISCUSSION OF LEGISLATION AGENDA — Larry Suffredin Larry Suffredin stated that he expects that Governor Ryan will come in with some kind of program and Evanston ought to qualify for some of that. Governor Ryan is talking about social infrastructure, using this money to build health centers and do job training. Alderman Newman asked roughly how much money? Mr. Suffredin answered 320 million dollars spread out over the next 10 years. There is an additional 32 million that hasn't been in the budeet before that will be available. Alderman Newman said he was not sure if he understood what social infrastructure meant, is it substance abuse programs'.' Mr. Suffredin said he sidn t think the Ciovemor knew what it meant vet. but substance abuse programs are possible. Alderman Feldman asked if libraries could be included. \-ir. Suffredin said libraries are in a different pool of money. Mr. Suffredin said he spoke with Julie Hamos. Jeff Schoenberg, and Jesse Alite. They told him that if Evanston is interested in a library in the southern part of town we could get assistance from the state. There is an automatic 250 thousand dollar grant we would qualify for. We spot one of those grants once before and turned it back when the main library was beine done. Alderman Newman asked if the 250 thousand could be used on the south branch library. Mr. Suffredin said yes. he has additional discretionan• funds that could go up to a couple million dollars for a library, if that were a priority. Alderman Feldman asked about recreation centers? Nit. Suffredin said leis. Hamos told him that she and Doug Gaynor had talked and that hart of the money she got u.. list year is going toward trying to get a consultant who would sit down and work with the City and community groups to talk about exactly what ►we need. The other half is going to ge to James Park. his. Hamos also indicated to hint that she has a community meeting ne.R-i week and that she was hoping that we would b< in a position t.� know exactly %Nhcre we are in this process. Alderman Feldman asked how much is this. Alderman Rainey thought it was roughly 228 thousand. Nit. Suffredin said he was sorry he did not look it up. Alderman Feldman said and 125 thousand of that will go to James Park. \fr. Suffredin said yes and then there is an additional 200 thousand that Senator Berman got that goes to James Park. Alderman Rainey said the meeting %--ith Julie Hamos is October 20`h. Alderman Newman asked what is the most we can do for any recreation project and what do we have to do to get it? Mr. Suffredin said first we have to have a unanimous agreement as to what it is and that that has got to be our priority. We go to all 4 legislators and tell them that if the budgeting process goes as it has in the past and there are member initiatives, that we need your member initiative to be for this specific project. Jeff Schoenberg has great prerogatives, because he chairs an appropriation committee. He got us the million dollars last year and is interested in the city reporting to him an how we are spending that million dollars, because we have changed our purpose. Originally it was for a million dollars within the research park. We wrote the line item broad enough so that it could cover the Noyes Cultural Center and that is how it is being spent. %,fr. Suffredin thought that Jeff Schoenberg was looking forward to being able to report to constituents that that is how that money is spent and he is ready to ask for more. Ivir. Suffredin said Jeff Schoenberg asked him today, libraries or recreation center, he wants the Council to tell him what the priority is. air. Suffredin said he thinks Julie Hamos is in the same position. With Senator Berman. this being his last term, he thinks Art Berman is interested in leaving a legacy, maybe having a tennis court named after him. Tennis is one of the things, at James Park, in getting us the 200 thousand dollars. Alderman Feldman asked what about .i million for a cultural wru or performing arts center, that could be named after him. t%Ir. Suffredin said he thinks we need to figure out what our priorities are. We are no different than in the past• this last session we got viaducts, which we are going to try and get the CTA to move up. because on their time schedule they are ready to go out for an RFP for the engineering on the viaducts, but Mr. Suffredin is concerned that by the time that they are ready for the construction phase it will be just about the time that the [fill project is finished and then we swill start building viaducts, the gateway to the project. 4n we are wing to try to het the CTA to move that ahead. %It. Suffredin said he has been talking to Roger Crum and Judy Aiello about that and the CTA_ But it really is a question, you have to tell me «hat it is that you want. If you want to make a library a primary goat, he thinks a library is doable. If you want to make the recreation center the primary, goal, then he thinks that once you've got the site and know what it is you want in terms ol'the bells or whistles. then we go for it. 2 Alderman Rainey said ,Julie Hamos is going to use some of that money. and has committed it to a consultant for a community center in south Evanston which is different from the spurt center on Oak --ton. Mr. Suff edin said he didn't even know there were two projects. Uderman Rainey said someone from outside needs to look at this because we are just focused on the fact that there is no location. Alderman Feldman said it is hard to make choices if you don't know what you are talking about in terms of amount. Mr. Suffredin said in overall dollars the maximum would be talking about 3 million. That is the largest amount that was given to any City for a specific project. mere were two communities that got 3 million to build City Halls in the last budget. Alderman Rainey said there is another idea. Mr. Suffredin said each of these 4 legislators basically has about 250 thousand dollars in the last two years to use with some discretion on projects that they want to do. Then each of them have been able to get additional sums through their caucuses. Jeff Schoenberg showed us that he could get a million for the performing arts center. So we probably have a base that is l to 2 million and then we could probably, if we had a specific project ask for the additional money. Alderman Feldman asked if this money would have to be spent in a given calendar year. Mr. Suffredin said no, basically the rules are it gets carried over 3 budget periods and then it could get carried over 3 additional budget periods if they re -appropriated it. So our million dollars that %ve got a year ago was re -appropriated automatically in this budget and now that we have the check it won't be reappropriated again. But if we hadn't drawn it down this year we would have had it automatically again this year. Alderman Feldman asked if we asked for a grand project are the chances of us getting the money stronger than if we asked for a number of small individual projects? Mr. Suffredin said he thinks it is directly related to how strongly we sell the grand project to the 4 legislators. because we are talking about using their money that they have discretion over. Alderman `e%wnan asked what is the timetable for having to get a significant request into motion. ,ti1r. Suffredin said by January. to include what it is we want them to focus on and what our budget is for that. And I think %%e need to have an asking amount from the State, I don't think you will get a 100%. but let's say, hypothetically, if the Rosemont boat goes into operation we've got some money coming. If, ou were to say that you were to use your proceeds from that boat to bond. 80% of a building project and we needed from the State ?0%' we probably could put that land of deal together. But we would have to show them a budget. a project and that the state money isn't going to just sit there and it won't be completed. Alderman Rainey said she didn't %Sant to use the term bait and switch but we really got their attention for the performing arts center and then took money for something else. Do 3 you think we would have a problem with credibility. Mr. Suffredin said he really doesn't think so because we really didn't bait and switch_ At the time we told them it was going to be either or. The problem we had with the periotming arts center was when we were doing the quick take, because there are members of the general assembly, including Kathy Parker who don't believe that we should Like private land from one private owner and give it to another private entity for development. And that is still going to be a problem -Mth quick take if we have to go back for quick take for the downtown area because we still have to get by those same legislators and that same principle. Alderman Drummer asked if there were perimeters on what the money can be spent on. Mr. Suffredin said that never existed until a year ago. So we are only in the second year' of this idea that legislators, because there is so much money in the state budget, and the surplus continues to grow, that you are given each caucus a huge chunk of money and then telling each legislator to come up with projects. There has been no limits on those projects other than if there was something prohibited by state law. Most of these projects have been so broad that there is some state law that gives authority for it to happen. Alderman Drummer said since we are putting our grand plans out there, he is still very much interested in how can we assist all the citizens of Evanston in paving some unpaved alleys. Is there a way this money can be used for that. He asked a further question, which needs a little research, on IEPA loans that we are getting. Is there a way that we can even borrow the city's portion of this money to speed up the pavement of these alleys. VIr. Suffredin said the answer to both question is yes. He noted some of the downstate communities who have sewer and street problems. where its not alleys that aren't paved, but some of them have some streets that are not paved. In the Iast budget, their legislators were getting money to pave streets and put new sewer systems where there hadn't been sewer systems. The answer on the other issue is some communities are now looking at things like the IEPA bonds. There are communities that are figuring out how to bond immediately those additional bonds. Its like a double bonding, but it does work. The Chicago Public Schools are doing it on their infrastructure money, the state has a 5 year infrastructure plan, the Chicago Board of Education is taking it's 5 year projections under the law and it has totally bonded those today and it will pay off the bonds with the proceeds from the other bonds. Alderman [hummer said that conceivably, concerning the Rosemont money that he believes is going to be a lot more than we thought it would be. we could use this money as leverage on a lot of things. Mr. Suffredin said the Rosemont money isn't going to be that much, but it will be a lot of money when you hive zero to start %ith. Alderman Feldman asked the amount' Nlr. Suffredin said ba_�,ed on projections. he thinks we will be lucky to be: over 60,000 a year. Alderman Rainey said she read recently about 400 thousand approxinrttely per community. Mr. Suffredin said about 12.000 gaming positions is not even a gas station in Las Vegas. Alderman Rainev said how does that compare to the Elgin boat. Mr. Suffredin said it is 4 the same, they only have 12,000 gaming positions. But Elgin is getting all of the moncy, they are getting it in two forms: the foundation money and the tax money. We are sharing this boat with a lot of other communities. Alderman Drummer said the first projections we got was for 400 thousand a year. Alderman Feldman said that is what they said to get our vote. Mr. Suffredin said that a document used around in Springfield showed us at » to 60,000 thousand. Alderman Drummer that is going to be the owners and the operators whi are going to pocket millions. and the state will get very little. He felt Rosemont is going to be the biggest of its kind in the state, that it is going to grow and generate millions. He advised Mr. Suffredin to ask the legislators to figure out a way to get more of that money out to the general public and the communities that need it. Mayor Morton asked if all the other communities get in on the money. Nir. Suffredin said he thinks Rosemont is honoring its original proposal to those communities that signed up initially, but there is a significant number of them, perhaps 32. The Mayor said so additional people who want to get in on it can't any longer. fir. Suffredin agreed. Mayor Morton asked about East St. Louis. Mr. Suffredin said East St. Louis is a host to a boat and it gets a part of the tax. It gets a dollar for everybody who get aboard. He said this tax is written in a strange way, the tar is a floating tax. It goes from 20 to 36 % and the municipal portion of that is equal to 20% of the total tax. So they get a lot more money. Now what Rosemont said is that it will share its portion of the tax. Alderman Rainey asked if 110r. Suffredin could pare this down so that we know how many communities exactly and what the rate is and how can we make this boat bigger. Mr. Suffredin said when you get new money like that one of the things to do, if you have these projects, is to take that money and try and figure out how you leverage. He noted people will see that money as a revenue source. Alderman Newman asked l4ir. Suffredin if he knew what 60,000 dollars does for you at debt services? It 600 thousand dollars if you are paying on 20 years, principal and interest. It doesn't do much for you. 4ir. Suffredin said you may have to tie it with some other thinks. Alderman Drummer said if you are only paying 200ro of the cost and the state is picking tip 8011'0 it is going a long way. Alderman Newman said he thought is was the other way around. 1-le asked if the library money is restricted to bricks and mortars or can it go to collection type things? i'�lr. Suffredin said the state librarian who is the secretary of state can give; us collection money. With Jesse White he would think he would be favorably disposed to helping Evanston. :Alderman Ne.%man agreed, but that has nothing to do with the legislator, that is out of his budget. Mr. Suffredin said but we could get the legislators to augment that. Alderman Newman said can we pursue that by setting up some type of meeting with someone on his staff or separately? alderman Rainey asked what plans have we made to use this library money? ;Alderman Newman said the library money could be used for the South branch or it could be used for collection. Alderman Rainey said but we don't have a plan, are we going to meet to plan 5 something with the Library Board? Alderman Newman suggested that we make the Library Board aware. He noted they have been telling us that their collections are inadequate and we need to go after that mono;+- and figure out what that plan is going to, be. Alderman Wynne said what is the perimeter on this Iibrary money. Is it 250 thousand dollars one time or are there restriction? She asked for information not necessarily for t13= South branch, she thinks the collection in the main library is in serious need of infusion ca f cash. Mr. Sutfredin said we can set up a meeting with the secretary of state's office and have them bring their library staff out here and tell us what they think they can do for us. Alderman Newman said that would be great Alderman Feldman said we should have tiie Evanston Library Board at that meeting. Mr. Suffredin said understand that what they could do for us is through their traditional programs. It's not going to be the huge dollam unless we have a plan. Alderman Rainey said that is what she is taking about. She does not want them to come here and think we are shopping. So tell us what you've got and we will figure out a way to use it. Alderman Newman asked Mr. Suffredin what would he suggest. We have a lot of needs on the collection and there might be others that the library's going to identify. What is the best way to proceed? Mr. Suffredin gave an example. If you walk into the Wilmette Public Library there is a little plaque dedicated to Jeff Schoenberg. The reason it is there is because the Wilmette Library Board, went to Jeff with a very strong plan and he was able to get the in excess of I million and a half dollars to accomplish whatever they needed done. Mr. Suffredin said he doesn't know all that was done. but they did some internal renovation. got some different collections. upgraded their computers and other services. Mr. Suffredin said what he thinks we need to do is tell them this is what our plan is and respectfully this is no different than %ve were a year ago. We talked about recreation centers, we talked about performing arts centers, he doesn't remember us talking; about the library before, but he really thinks that for us to get the kind of homerun you are looking for, we need to have a consensus that this is the plan we «ant to go for Otherwise. we are going to go for little things. Alderman Newman spoke of making a plan wviti out knowing: what the eligibility requirements are. Fie said we might %ant to shams our plan about what can be successful with Mr. White. %Ir. Suffredin said Jesse Whi(e is not going to fund a full library. Alderman Newman understood that. %dr. Suffredin said because his budget is not that big. The way that you can get a whole library is the legislators put it into the budget and it actually comes through either through Deca or through the Capital Development Board, the money gets spread to you. 6 Alderman Feldman said again he think-s «r have to know the various specific futods. Nike Jesse t.16hite is one and approrimatel} ►►hat we will get them. If the Libtan� is in the same fund as concci% fly recreation ce:ste s or health center or other kinds of thinzs ilium we ha.c to make choices. If its the liE racy collection that you are talking about, the ar'tmd sum. then ..e have to make choices. We hs. a to kno-w the various paths we must go tm. That might mean going to Jesse White and asking for as much as he could give under !iris specific plan. then getting the 4 legislators together and say look this is what we treed about a grand plan, whether it has to do with the library or recreational centers or alleys or an•thing else. But we can't mix them. we have to know .which path we are going down when we ask for A-hich amount of money. Mr. Suffredin rephascd He believes this community could get 3 million dollars fimn dac general revenue fund of the state for a specific project, if you tell us what the project is. With Jesse White we can get smaller sums of money, and he thinks our library board probably is working with the state Iibrarian and he is sure when he goes over there and looks at it, he is going to find out they are getting some of these smaller grants. Bert he does not have the kind of money to give you 3 million dollars for a project. He said what we need to do with our 4 legislators is not have a meeting with them where we come in vague and allow them to set our priorities. In a way that is .what has happened to us with James Park from last session. We went to our legislators and said we need recreation moneti . the two legislators in the south end of town each got us recreation money, but then they were hearing from constituents on this whole planning process. Which is fine because they are state grants. But he .would think that we would rather come with the full plan as best we can and then its their investing in our plan, they are carrying our water im That it is our plan rather than it being a little loose. AIderman Newman said we need to have our act together by December. Mr. Suffredin said we .rant them when they start the ne.v session to know specifically what w•e w-ant. Senator Phillip is on record as saying that he wants to cut another month off the legislative session. The constitution was amended from June 30 to Mav 30. He is now saying he would like to adjourn April 27. If that happens then that means we have areal concentrated lour month period where all of these budget considerations are going to take place. The projections for the state are that there is a lot of extra money. It is an election year..►e are going to ha.e Art Berinan in his last terns. Ile thinks that there will be people that .gill allow hire a little more latitude. finish up sonic projects that he wants in the district. He felt we •►ill have a lot of help from Carol Roman, even though she doesn't represent us right nmv. because she is going to represent us in the future to insure that %%e get what we are interested in. And Kathy Parker is not going to be up this time, but she ..ill be up the next time. She is going to be interested in wanting to help us. And Jeff. He just thinks we have the ability for 3 million dollars. Alderman Newman suggested having .Mr. Suffredin back in December. Everybody agreed. 7 Alderman Drummer said we need to get together and really know what's happening. He heard there is 250 thousand dollars from his. Hamos and then there is 125 thousand dollars going to be used for this and 125 thousand for this. Where are those decisions, being made is she telling us what we an going to use it for or did we decide what we we going to use it for. Mr. Suffredin said we asked for recreational dollars, he needed to make is somewhat specific so with Senator Berman vm «xre dealing with tennis courts. But it is broad recreational purposes. Julie Hamos issued a press release about Evartston's grant, them heard from her constituents asking what is the money going to be used for. She has nrvw suggested in a letter sent to the Mayor and to Alderman Rainey that we should have a planning process. He believes the City Manager and Director of Recreation met on thus+ and everybody agrees that it is probably a good idea. Alderman Drummer asked who everybody was — was it 4 people? Alderman Rainey reported on the meeting. She came to our meeting and she said this money is discretionary funds and I can direct how it is spent and I choose a small amount of it to be spent to help the south end of town. Alderman Drummer said this has nothing to do with the amount. It has to do with where the decisions are being made. Alderman Rainey said Julie Hamos said she is making it. Alderman Newman referred to the sub -committee of the Human Services Committee that is working with the Recreation Board, and a recent big meeting where we talked about what to do with the Recycling Center with a large turn out from recreation people, so there is a sub -committee working on it. Nothing has been Approved by the Council on that end. Alderman Drummer said he has heard people talk about a sports center. recreation center, performing arts center. James Park, we've got the viaducts we've got the money for, now we are looking at the south library and he just added allevs in there too. Aldennan Newman said the sports center is the same as James Park. Alderman Drummer said these are some bigitems, and we need to be on board on it if we are really going to the legislators. Right now he doesn't have enough information on any of this as to what the plan is. Ile noted no matter «hat you Let from the state you have to assume some more debt. He said we have to took at the big picture. we have to look at the debt that we have to cover. Ile appreciates what tits. liamos has done, she has been vers- good. But at some point we all need to sit down and said ok is this really what we are going to do with it. He was glad to kno« about James Park, but wants to be sure «v Lot an extra 325 thousand dollars waiting to go into James Park. Alderman Newman said no. James Park is being renovated, He asked what 325 thousand Alderman Drummer was referring to. Alderman Drummer said you've got 250 thousand from Mr. Berman for James Park and 125 thousand from Ms. Flamos. Do we have that money in the bank yet? Mr. Suffredin said we have requested it bta be doesn't know if the checks have been received. He knows that we got the million dollar check and we may have 250 thousand and may be waiting for the other. Alderman Drummer said w we are looking for a few additional dollars. Alderman Rainey asked if the the Berm= money for tennis courts' Mr. Suffredin said it is for recreational ptxposes in general. and can be used for tennis courts. Alderman Feldman was a little troubled by a process. He had no objection to Julie Hamos' decision to fund a consultant for SE Evanston. He thinks it is needed, but what it represents to him is it's a %vay in which various aspects of the community. not the community, go to her and try to get their share, so it is no longer E%=nmon making a decision on that, but various parts of Evanston and that splinters or %veakens the community consensus. In essence what it does is say well there is c-oastituencies in Evanston that gill come to her for the money and she has the discretion to use it as she chooses. He didn't think each constituency in Evanston should go to ber and say — Look we need the 125 thousands, we need it for this, we need it for that, bxn rather he thinks clearly what we should say is I think 125 thousand should go to the consultant, 75 thousand should go to here, 75 thousand should go to there, rather than have us all scramble for that kind of money. The question becomes who gets to ber first. He is not aware of any kind of city wide consultation with Julie Hamos saying well I've got 125 thousands dollars how do you guys think it should be used. He is not aware of any forum in which that was discussed. He saw his. Hamos at an event and she told him the way she intended to spend it. But that's chat it was, she was telling him the way she was going to spend it. All he knows is that he never even talked to her about it. Evidently there were constituents of hers that did talk to her about it. They have every right to do that and he is not even dissatisfied with the way it went. What he is worried about is whether or not that is what we are going to do from now on. If a legislator has a certain amount of money are we going to say, individual constituents are going to scramble for them and say give me this or give me that and I want a certain percentage of it. Or are we going to. as we are talking about it, decide on a communal response the best way it should be spent whether its alleys, libraries, viaducts, art centers, recreational facilities etc. That is what disturbs me about a legislator saying well this is dts-iretionary and I chose. Well. that is true thev chose, but do they chose on the basis of .oho gets to them first or on the: basis of an approach of the entire city saying cool: this is the vyay we want the money to be spent. 1 le thinks that is an issue that has to be raised. Alderman Rainey had a different interpretation, she said she «as at home one day and the phone rang. Iv1s. I lamos asked What is south Evanston doing about this recreation cent_-r. And Alderman Rainey said well %%e are not doing anything. I've run up against a brick wall because we are unable: to identify a site:. 'its 1-lamos said I think a recreation center. community center, service center in south Evanston is an extremely important thing. She said she always thought of it as a wonderful goal and she kno%%s the citizens planning committee has been working on this for a couple of years. Rainey said yes but we've sort of gone on to other things now. lvls. Flamos said I have 250 or 40 thousand dollars, 9 however much it is, in discretionary funds, I would like to talk to you about using a small portion of that money for a consultant to identify, to do some site research to see if it is something that should be dropped permanently or if there is a possibility of a location. Alderman Rainey said this was the first conversation she ever had with this woman about this center. She told Hamos she thought it is a fabulous way to use some of that money. She could not have said no let me call everybody in the entire city. first. Instead, she invited Hamos to a planning committee to come and talk about it. She did so. That is the last conversation I had with Julies Hamos about this money when she presented this plan. So we did not go out and have a closed door meeting with her, we did not call her up and say here is how you have to spend this money Mr. Crum said he would back up a little bit on that. going back to remember what Mr_ Suffredin said, last year was really the first year the legislators really got to do this t3,W of thing. Especailly a new legislator like Julie Hamos and she came to us when they discovered there could be money available and asked for a priority list. And we had the list of priorities of which SE Evanston recreation center t«s on our list as were 3 or 4 other projects, and she said I think we can get some money for recreation in my district, do you need it? Mr. Suffredin said you bet. She was good enough to make sure we got it and left some flexibility on how to use it and that is how the grant came through. Alderman Newman said it sounds like we have a number of possibilities and that Mr. Suffredin needs direction. And 3 million is the most that we are going to be able to get. Some of these projects might be 2 years away, one might be one year away from getting going, maybe we can figure out which one is the closest to happening and which one do we really want to do. Alderman Newman said to Mr. Crum maybe we need to set up meeting for all of us. Mr. Crum said a Council workshop would be a way of doing it Staff could prepare ideas we have and you all know the basic concepts and lets see which one we want, whether we want to go for one significant one or two or three. Alderman Newman suggested getting updates from the people in Southeast Evanston who are working on the recreation center. And maybe the sub -committee working on James Park and the recreation board could give an update. Invite the library, Alderman Drummer will make his argument for alleys. Alderman NewTnan asked Mr. Suffredin if that would be an eligibility. Mr. Suffredin said sure. there %vere recreation centers that were funded in this last budget. Alderman Newman said sec its anything we want, it sounds like. Mr. Suffredin said the thing he thinks we need to do as a community. is we need to go to our legislators not with an open list. but to go to them and say Evanston's priority is this project. Alderman Newman said we have a plan right now that is all ready to go that if somebody else was paying for it. and he is talking about the police and fire station. what that does 10 for us, if they pay for it, it frees up 3 million dollars in our own capital improvemeril money that we can use on something else. So the big police fire station might be a great project and it is all planned, there are plans, architects and all this stuff that it has gone trough it. If the% pay for that then %ve've got 3 million that we were planning on wing that we could use for other stuff. So what he would be asking as oppose to putting fom-ard either the far southeast recreation center or the James Park one or the fire swilm or the alleys he would like to get a sense of which one would have the best chance, if it was a w•holely drawn up idea, of having the most success for the most money. Alderman Drummer said fir. Suffredin said any of them would if we agree, if we are all on the same page. Alderman New -man said no Mr. Suffredin is saving any of them are eligible but that doesn't mean that for example, a performing arts center wouldn't be more attracti%r to get 3 million than a police fire headquarters. Ltr. Suffredin said the elected officials who serve us in the general assembly are waiting to hear from the elected officials of the City of Evanston as to what the prioritiy is. What Jeff Schoenberg said to Mr. Suffredin today is if the priority from Evanston is a recreation center in southeast or south Evanston which is not in his district, he will use all of his resources to assist us, because he wants to assist the community in its decision. He thinks the same would be true of Kathy Parker, he doesn't think anybody is Iooking to say this has to be in my district, its how does it help the community I represent. Alderman Drummer said he is neither for and against any of this. It could be anything on the Iist, but he just thinks at some point and time we need to really honestly look at this thing and say ok. What can we afford? How can we get a project done, have it all planted out, look at all the debts that are involved in it and get it done. We sure can't do even'thing that is on the list. We can't do it all. Unless we come to some agreement, I know we said the recreation center is a high priority and one of our goals in south Evanston. 13ut we've never sat down and said ok, this is it now let's en for it. we am going to do this. We've never come to that decision. And that's what we need to do about any of these things that we want to do. Is come and sit and say it is time for us to come for this and %%e are all on board behind that and this is what «e put all of our energy in this area. And that is «here he wants to sec us get to. It could be any of these items on the list. Fie could prioritize these items and say alleys are more desperate than a lot of other things but he wxon't. All arguments are good. Alderman Newman said all the ideas that were suggested. he thinks it sounds like we are going to need about 2 hours to hash it out. And it is a worthwhile 2 hours, we might cash in for 2 or 3 million if we get our act together. And so it sounds like that has to happen next month so that we can bring Mr. Suffredin back here in early December. And then we will talk to you and we will set up this meeting when we come to a concensus as to what we ought to do. 41r. Suffredin said that is clearly the way to go. The model we li ought to look at is the viaducts and even the performing arts money, there were enouo people who had talked to Jeff about that, that it helped him to focus on that million dollars. Alderman Newman asked about the Church Street viaducts. '.Iv[r. Suffredin said the Church Street ►iaduct is one of the viaducts to be done. Alderman Newman said so we don't have to ►►vrry about that. Mr. Crum clarified not the Metra ►iaduct. only the CTA viaduct. Alderman Newman asked if there ►►•ere any more comments on this item. He thw*ed Mr. Suffredin for attending the meeting and said he is doing a great job for us. We are at least I million dollars ahead. Mahe sure you can get us more casino money if you tart Mr. Suffredin said he would get the information on the casinos and how it breaks dovnL IV. CITY MANAGER'S EVALUATION The committee tentatively set Saturday. November 6 from 9 to 12 as the date for the City Manager's evaluation. Alderman Moran might be out of town, but he will let Mr. Crtan know for sure. The altemative date ►►ilI be Thursday, November 4. Alderman Bernstein was not present at the meeting. but Alderman Drummer said he would give him the dares. Alderman Newman said he had asked the staff to gather forms that ►were used in previous City Manager's evaluation. The first issue should be whether or not a form should be used as part of the evaluation. Alderman Newman asked Mr. Crum if he thought Judy Witt would have available the profile from the ltitercer Group of all the candidates that were looked at for the City Manager's position including his. Mr. Crum said she probably would. Alderman Newman said he would like the profile to be sent to the committee member as informational for those who never got a chance to read it. Alderman Moran said in flipping through the forms it seem that there was sort of a division between the approaches over the years. In the sense that in some of the forms the themes are general questions about the overall performance of the city manager in various areas of responsibility. The other forms relate to a set of priorities that were set in previous years. Kind of like a goal setting session. which is not really an evaluation. It's less than an evaluation of the City `tanager and more of a goal setting session. Not that that is bad. but it would seem to make sense to focus in a little bit on the evaluation. Alderman Newman said he thought :alderman Moran had correctl► identified the two approaches. Ile asked Alderman Nloran ►►hat approach out of the two would he find most beneficial. Alderman Moran said his favorite approach would be the general evaluation form dated 1994. 11is reason was that one of the faults he perceives of the other types of evaluations is that 10 goals are set for the city for the course of the next ►ear. and then a year later we use those as evaluative criteria. When we get to the year later what happen is that the pursuit and achievement of those goals is a mixture of staff work. city manager I? propelled effort, city council effort, boards and commission effsku. and constit=1 group advocacy, it's a whole bunch of things. The difficulty he has wiuh that in terms of the Cite Manager's evaluation is that it just betomc'zz too much of x inix hnL. The ",zr ranee agreed to stay away from evaluating the goals and to use the fords dated 1994. Alderman Rainey said in addition the form dated July 28, 1998. -ts forth some poetry lofty goals that have been met and some have not been met. She thinks its an absolute reflection on the leadership of the City Manager in some cases %nether or not there has been an accomplishment achieved on particular goals set forth. She thought somehow or another as opposed to just broad fresh sweeps that some focus should be place on some of the accomplishments or non -accomplishments. Alderman Moran said that was a good point. Alderman Feldman said question number 21 on the form dated 1994, could be used as illustrations to emphasize the positive or negative aspects of any given item, whether it is leadership, working with the Council, or working with the public, etc. Alderman Feldman said when the forms were filled out in the past and handed in were they compiled? Alderman Engelman said last year the evaluation forms were compiled and everybody's answer was shared with everybody else, but you did not know %bo gave what answers. Alderman Newman said this particular form has signature of evaluator. Does anybody have a problem with signing off on his or her evaluation form? This way everybody can see everybody else's evaluation. All agreed. Alderman Rainey suggested that the evaluation form be put on a disk. Mr. Crum said that would be done. Alderman Newman said a date needs to be decided on when the forms should be done and who would volunteer to assist him in distributing the forms. Alderman Wymne suggested that each person make 9 copies of their evaluation form. Alderman Engelman asked if Mir. Crum would be doing an evaluation of himself' The committee agr=d that Mr. Crum should do an evaluation of himself. Alderman Newman said everyone should make 1 I copies of their evaluation form. tiir. Crum suggested the City Clerk's office as a neutral place to have the forms compiled. It was agreed that each Aldermen would get disc~ pretty quickly and the forms be returned to Nlary Morris. City Clerk by November 1. diary ivtorris will then compile the forms and messenger each farm to all 9 Aldermen. the Mayor and Mr Crum by November 3rd. Alderman Newman said we need to discuss the format ofthe meeting. Alderman Wynne asked what did we do last year? Mr. Crum said the normal process is the Council meets for a short period of time to exchange comments. :alderman Engelman said after having seen everybody's comments the City Manager is called in and «e talk: to him and then we excused the City Manager and talked some more. 13 Alderman Feldman said what he would like to do is start the meeting trying to establish some consensus on some very central issue that the Council agrees on. Because he thinks that message of a consensus on the part of the Council, regarding whatever ot=n r of specific items we arrive at is an important oae. It's one thing to have various members of the Council comment, its another thing to have the Council arrive at a consensus abow certain issues. Mr. Crum agreed. Alderman Newman said we have 3 hours, he assumes we are going to start at discussing each other's evaluation. Is an hour a reasonable amount of time to discuss each other's evaluations? Alderman %Vynne said yes. Alderman Newman said then hopefully at the conclusion of that hour we will try to take out some message from the evaluation and discuss a consensus and then have the City Manager come back in and talk about our consensus. Then after the City Manger leaves we will have another talk. Alderman Rainey asked if anybody could remember from the last evaluation %1= aas not helpful about it? Alderman Moran said in his opinion we need to stay foctu on evaluating the City Manager's performance and not get off on other issues. Alderman Feldman agreed. Alderman Newman said that is a very good point there will be no issue discussion allowed. NORTHWESTERN UNIVERSITY CO` MBUTION RESEARCH CONTINUES* Alderman Feldman said the language for the referendum reads "Shall Northwestern University make an annual payment to School district 65, School District 202 and the City of Evanston to offset, in whole or impart the cost of services provided." It should read "in part" not impart. Alderman Rainey said she would like to strike "in whole or in part" from the language. She thought it was verbose. Everyone agreed with Alderman Rainey. Mayor Morton asked how did the school districts become involved in this statement and why. when they knew nothing about it? Alderman Engelman added and whar servi.ce< are they providing to Northwestern that are being offset? Alderman Newman said education is the service. Alderman Engelman of whom. Alderman Newman said he thinks when we talked about this, and there are tti%o questions on the table. We brought this up at the City School Liaison Committee and when we talk about this we were going to send this over to the school districts and if they didn't .want to be in it they didn't have to be in it. Mayor Pvlorton said she investigated this today. because she couldn't understand the two school districts agreeing to be part of a referendum of this nature. She called and ask them had they made any overtures about this and neither one of them knew anything at all about it. Including the presidents of the school boards who she did not talk to. The Mayor said she thinks it would be highly inappropriate and a bad thing for us as a City Council. to set sup this battle with one of our institutions. She also said she would not 14 agree to this anyway, to the referendum asking for this. If she were going to do this she would do it for everybody that is a non -for -profit, just make it very general where there would be no croms of discrimination. Unless the school districts ask to be a part of this, she would not take the liberty of including them. Alderman Rainey said she %as curious as to how District 65 and 202 got involved and had assumed that the Boards had agreed to be listed. She would have to agree with the Mayor, but in a different way. We should not include the districts unless the two Boards voted for it. AIso, that it might result in a delay in our missing the deadline and that is a concern of hers. She also thought the referendum should be just for government services or services provided or cost of government services or public expenses or whatever it is call. Alderman Moran said he tends to concur with the Mayor's remarks and just to repeat by reference to his remarks at the last meeting about his own sense of the advisability, the wisdom of going at this issue in this way. He doesn't think it is a good idea to do this, he thinks there are other ways to pursue this and he wishes we were pursuing those ways. Alderman Moran said he kind of assumed that when the two districts were referenced in the language for the referendum, as Alderman Rainey just said, that there was some explicit indication of the desire to be included. That would be a terrible mistake to incorporate them. Alderman Feldman said the language that was submitted was submitted to our legal department and did not itemize school districts 65 and 202. It said government bodies in the City of Evanston. Alderman Rainey said she thinks it would be a real boom to the referendum if both district voted to be included in the referendum, but that's not the case. Alderman Feldman said he agreed but %without their permission is not correct. Alderman Newman said the thought process was in terms of the real estate tax bill, the city gets only 20%. The effect of property taxes not being paid is much more dramatic upon District 65 and 202 then it is upon the Citv of Evanston. Whenever anybody takes a piece of property off the tax rolls it effects the districts much more than it effects the City. That is what the thought process was, it wasn't necessarily from the point of view of what service is provided, it was from the point of view. what source of revenue is lost or because property comes off the tax rolls. Mr. Crum said just to clarify a point the City is now down to 17 1 /2% for the tax bill. Alderman Newman said that Alderman Rainey had made the point that it is complicated if we have to go and get the permission of the districts. Vita-, be we need to go back and make it strictly a City and write the: districts a letter and ask them if they are interested. We do not want to miss the deadline for getting it on the ballot. Alderman Feldman said if lie remembers correctly the history of our efforts to Northwestern University was always negotiations with the City. The school districts 15 never engage and any kind of either dialogue or discussions with Northwestern University regarding any kind of contribution in a monetary way to pay for the children that were being educated that lived in tax exempt housing. Alderman Rainey said we don't do it like that. A lot of us don't have children in school anymore. She thinks that is 3 bad approach. Alderman Feldman said no, he is just saying that the school districts never have done it. He is not saving that they don't have a right to do that or even to say that a fair share is owed just to maintain the community. But the initiatives never came up from the part of the school districts. Alderman Moran said the nub of the question is "Shall Northwestern University make an annual payment. He looked up the definition of "shall" in the dictionary and it was long. In reading the column that discuss the definitions of "shall" he kind of tried to distill what he teamed from reading all of it, all of the subsidiary definitions. And he thinks that the distillation was that "shall" has a connotation of promise, permission, command or compulsion. It might mean anyone or other of those connotations. He suggested that the use of the word "shall" in this context, not saying this to be hypercritical, just making an observation. It could mean a lot of different things to a lot of different people, it might mean that we are asking them whether Northwestern University should promise, or whether we should give them permission. or whether we are commanding them or trying to compel them to make an annual contribution. All he is suggesting is that when 10,000 people pull up to a voting booth and look at this question, he is not sure what they are going to understand is the thrust of the question. When you link "shall" to the words "annual payment" he thinks it opens up a substantial and bigger, even greater question than just the word "shall". He thinks the nature inclination of the reader of that question is going to be what do they mean shall" "make an annual payment". Are they saying if we vote yes that they will pass an ordinance that will mandate that Northwestern University make a payment? Are they saying that there should be a negotiation to get Northwestern University to promise that they will make a payment? What am I saying yes or no too? Alderman Moran said he was just trying to point out a couple of things that he sees as being difficult with the phraseology of the question. Alderman Newman said it seems like we are back to the drawing board on the language. Alderman Rainey asked what was wrong with the original language with a few minor corrections? Alderman Feldman said he thinks .alderman :Moran is right. there are things that have to clear up on the language. He doesn't even know whether the original language that used the word "should" has much more specificity. Then the question that lie has is what relationship does the actual language of the referendum have with the knowledge that the voter has that this is only advisory. Does that have to be within the text of the referendum? Alderman Riney said doesn't it say advisory referendum. Alderman Feldman said yes it says that on the ballot and says it is not binding. His question is in 16 the referendum language, is the question direct at NW.-Udermaan Rainey said she thinks it is directed at the Council. Alderman Engelman said he has heard several people refer to the original language, is there something that he has missed here. Alderman Newman said there were 6 suggestions made by the Corporation Council office that was included in the last Rules Committee meeting packet. Alderman Rainey said the Fair Share Committee also recommended language. Mayor Morton said lets just say the language reads "Shall NXV make annual payments to the City for the cost of services provided." As a voter, do you think citizens know the monetary cost of services provided Do you think the citizens are informed on that? She has no ideal how much it cost to provide services to non -profits in the City, to organization and to institutions. It seems to her, the first thing that we need to do is to quantify what the services are that we are talking about and how much they cost. If we are suppose to have good records in the police department. in the fire department, and if there is any sanitation work going on we should have some figures on that. So it should be, first of all, what are these non -for -profits costing the City of Evanston? Then she thinks the Council would make a much more intelligent approach to whatever the Council may wish to do in the future. Mayor Morton asked Mr. Crum to get that information for everybody. Because she really thinks that any way this referendum goes there is going to be a lot of dialog, there will be debates, people have to have the accurate information for those who are for it and those who are against it. Mr. Crum asked is this information on everybody of just NW. Mayor said for all non -far -profits, because she is not in that NW bag. Because as a black person she can't discriminate. She wants the information for all non -for -profits. Alderman Engelman said since the Mayor has raised this issue. What is the objective, are we talking about all non -for -profits or just Northwestern Univefsty? And if we are singling out Northwestern University, why? Alderman Rainey said because they are the ones with the deepest pockets. Alderman Feldman said and because they also are an individual, he thinks, as a major consumer of Cite services. .alderman Rainey said and she thinks they are also the only ones who are tax exentpt and perpertitity regardless. Alderman Feldman said let me just say that the way he thinks and it could be logical or illogical. Northwestern University occupies a significant amount of property off the tax rolls in the City of Evanston that's one. Teti-o it consumes services. Three it is an educational institution. A citizen of Evanston that by its ver% nature, its values, should incorporate, dramatic. significant, and meaningful participation in the civic life of this community. People could agree with it and say that Northwestern University already does that. He is just saying than in his view, like you as a citizen owe, that which is not legally required. He thinks that Northwestern University owes that, which is not legally required. Not being legally required. he looks upon the very minimum of their 17 contribution. The absolute minimum of their contribution would be the totality of all tie services that the City provides them. That's the minimum, beyond that they should be investing. they should be significantly in%olved in the fiscal, social. economic. intellectual life of the community, and they are to some extent in all of those, but more than they are now. That is his feeling, as an educational institution. the repository of ethics and values that permeates this society. That should be exemplified in dramatic involvement in the City of Evanston their host community and he doesn't see it. Alderman Engelman said other than size, what Alderman Feldman described about Northwestern University is different than say Roycemore School or anv other City of Evanston private educational institution. Alderman Rainey said point of order, we have already made a decision to place a referendum on the ballot that is advisory regarding Northwestern University in payment in lieu of taxes. Alderman Newman said that Alderman Engelman has a right, he is raising a question about the language of the referendum and he thinks he is making a legitimate point. Alderman Rainey said she thought our vote had to do with an advisory referendum regarding Northwestern University making a contribution in lieu of taxes to the City of Evanston. She didn't think we agreed to put a referendum on the ballot that had to do with all non -For -profits. Alderman Newman said she was absolutely right, that's what was previously voted on. This matter is still in the committee. it is still subject to amendment and Alderman Engelman is raising an issue about language. Alderman Feldman said it was a City Council's policy. not this City Council's policy to establish a negotiating committee to negotiate with Northwestern, not Evanston Hospital, Beth Emet, St. Francis or anybody else. Northwestern. This «-as the Council's position validated by the then President/Mayor to negotiate a contribution to the City's expenses regarding services. Those were not specified and they were just left open generally. during the negotiation we went from everything to naming a wing of the library to providing legal, medical. dentist services to all kinds of things_ Ways in which NNV would save the City money. That was the policy of that Council. It did not include any other non -for -profit. Alderman Nforan said what Alderman Feldman just said is the perfect distillation of the argument he was trying to stake at the last meeting. Nnd is firm recapitulation of how he feels tonight. «Vhich is if w-e decide that we want to go to Northwestern and ask them for money we should. That's different than holding a referendum. He sees a significant quality of' difference between the Cite Council developing an consensus that says "if we are not satisfied with the contribution that Northwestern University is making to the community. and we think they are a good candidate to make a further contribution, we should go there and ask them to do it. That's a different thing than putting this question to the community. Then he thinks you are getting around to what the Mayor was talking about, that's why it is so hard to deal with this. Because then you are basically saying to the community. should we as a police deal with all the non -for -profits in town to figure 18 out how they need to pay for City services. Alderman Nwwman said he has no problem doing exactly what Alderman Moran said. We could do a referendum in hlarch or in November or we could talk to Northwestera first and do a referendum later. He is not opposed to negotiating «ith Northwestem right now. ti'e could do both. Alderman Rainey said she does not support a referendum that; would include all non -for -profits. - Alderman Feldman said the only difference between Alderman Momn's position and his is that he looks upon the referendum as something in the pocket of the Council when going to Northwestern University. That's the only thing that we've never, ever had and there is a difference between the Council %vithin its own body, in its own Council in the sense, deciding on a policy and initiating that policy which is what we have done in the past. By the way that policy has never, ever been refuted, that even though the negotiation were not successful our policy has never, ever changed that we were left with that same kind of unrequited effort. And we've never said we are going to take a different tact, or we are not going to do it, or we no longer feel that Northwestern should make a contribution, so that policy is on the record right now. 5o to him it is a nature extension of every thing that we've done over the year to reestablish negotiations with Northwestern University. The only reason that he is supporting the referendum is it makes a clear indication, on the part of the citizens of this community, not the Council, that they are supporting an effort on the part of Northwestern University to participate more fully in what they perceive are its obligations to the community. First of all from what he gather according to the petitions that he has seen, this isn't a Council initiative. There are a lot of people that signed the petition indicating that they want a referendum and we are responding to that. Alderman Kent said as he has said before, he still wonders what we would accomplish if we could say ok. let's get a negotiation team together and let's try to do it the nice, calm. peaceful way. I..et's go over there and ask Northwestern. tell them what we need and see how they respond. We still don't have ourselves on one page as a City Council. It's still a broken City Council, right now siting at this table, let alone when there are 9 of us, you know very well there: are some people that would say we shouldn't be doing it at all, even if we were to go to Northwestern. So if you go for the referendum. and it comes back positive. it gives us the ideal that this is something that %tie should be working towards. The question came up, and it might have been raised before, if this were to pass and we were to go to Northwestern, how do we enforce this. how do we actually get something from it. We didn't have anv answers to that. What we said was if the referendum comes back positive maybe that's the beginning of a negotiation team that would work on putting together the pieces of the puzzle that would then allow us to receive some monetary figure from Northwestern that we feel we need that they should be Living us. Alderman Feldman said he thinks it's just a matter of time that Northwestem University will pay for services in this community. All he is suggesting is that we can't afford to 19 wait because Northwestern will wait as long as we allow them to wait. The referendt:aan is a public pressure that is distinctly difTerent from the initiative that the Council makes. Alderman Newman said he doesn't have a problem with the referendum, because he doesn't have a problem any time you ay to get the public involved in the process. He also thinks it is a positive thing to hear from the community, maybe we need to be refreshed on what Northwestern's position is toward making any contribution beyond what they are doing. He doesn't have any problem at all doing a couple of negotiating sessions with Northwestern. He %ill spend his time for a couple of hours to have his memory jog from 1991 on what has been done. He thinks that if we go to Northwester and we strict out it reinforces the idea of going to a referendum. Alderman Moran suggested that if that would to be the tack that the Council were to take it has to be well organized, it would have to be documented, we would have to have worked towards the development of the consensus position, etc. The City would have to do its homework. If you were to say to President Benion, I want to come over Monday morning and talk to you between 9 and 9:40. I want 10 million dollars from you this year, it won't be view as a constructive effort. Alderman Feldman said you are absolutely right in terms of its preparation. But during the course of a full year that we've negotiated with Northwestern, the City provided documentation over and over and over again regarding specific costs that they have. Now there are some people who say there are other Universities that have said look you contribute not on the basis of your responsibility for services that we provide. But on the basis of what this community needs. Alderman Feldman said let me tell you this. He feels that the community really wants the City to begin negotiations with NW. He would be willing to start an initiative to begin negotiating with Northwestern University immediately. To start talking to them and discover the areas of mutual agreement and things that we might do together. Once you do that, then you start talking about what that means in terms of money. What are the mutual interest of the two bodies of the City of Evanston and Northwestern. How can they then be translated into this value that we are talking about. How can they then be translated? Ver, collegial, vary not in your face kind of thing. if they say look we are not ever interested in talking to you we will know that right away. Eventually and soon they have to come up �%ith very specific kinds of ways, different and in addition to things that are happening; noxN. Things that have a direct, significant and meaningful impact on the budget of this Cit% . Now how that is arrived at, he doesn't know, but he is saying that he is willing to support that kind of an initiative, right away. He still would like to have the referendum as well. He doesn't think it is just up to him to decide, he thinks a lot of people .want it and he thinks we should have it. And if you want to start now. if he can illicit your support for 20 immediate negotiations with North«estern University, he would be happy to begin t!>.at now and to work on the referendum language that's acceptable to everybody and submit it. But that needn't prevent us from ginning the kind of negotiations that Alderman 4foran has been talking about. Alderman Ne, s%m= asked Alderman Feldman if he wanted to make a motion that we recommend to the Council that a negotiating team be appointed. Since this came out of the Rules Committee, by the Rules Committee. Alderman Feldman said he would make that motion. He moved that the Rules Committee recommends, just mcornmends so that the Council will discuss it, that the City Council of the City of Evanston establish a negotiating team to begin dialogue with Northwestern University regarding contributions to the City of Evanston. AIderman Kent second. Mr. Crum said as a courtesy, he thought this was a good idea. For one thing it says even if we are going to a valued issue, here is why we think we have to do it, here are the issues we have in front of us, here are the conditions. He personally wouldn't call it a negotiating team the first time around. We are opening a dialogue and we are trying to find out where they are coming from and they are trying to find out where we are coming from. Alderman Feldman said but the motion stands. Alderman Engelman said to the extent that this contemplates a dialogue as opposed to a negotiating team, he thinks that makes a valid point. Alderman Feldman said it`s a dialogue but the purpose is clear. You don't begin negotiations until there is something to negotiate. Alderman Engelman said he is a sworn believer in dialogue rather than strong lines and sayings. Alderman Moran said and the motion doesn't incorporate the notion of the referendum? Alderman Newman said no, the referendum language we are still moving on that. There is no reference to the referendum in the motion. Alderman Newman said we understand. Alderman Feldman's motion and we have a second. It has been discussed. Alderman Newman asked which Council meeting would this be forward to. fir. Crum said it could be place on the agenda for the next meeting, Monday night, Octobtr 11, 1999. Motion carried. No nays. Alderman Newman said he had one suggestion for language from Alderman Rainey which reads "Should Northwestern University contribute to the costs of public expenses in the City of Evanston". :anyone who has suggestions for the referendum Ianguage should bring it to the November meeting. Alderman Newman asked Alderman Moran to copy the definition of "shall". Alderman Moran said ok. V. ADJOURNMENT: The meeting adjourned at 9:35 p.m. 21 MINUTES OF THE RULES COMMITTEE MEETINC Tuesday, September 7, 1999 6:30 P.M. ALDERMANIC LIt3RARY Present: Aldermen Steve Bernstein. Stephen Engelman. Gene Feldman. Joe rent. Mayor Morton. Art Newman. Ann Raine% and Melissa Wyttw Absent: Alderman Dennis Drummer Presiding: Alderman Edmund Moran Staff Present: Pat Case}. Roger Crum_ Dare Ellis. Darlene Francellno. Kristia Leyendecker. Bill Stafford Guest: Lucio Guerrero. Reporter. Chicago Sun -Times. Brian Cox. Chicago Tribune, Bob Seidenberg. Evanston Revie%v. Mimi Peterson CALL TO ORDER: Alderman Moran called the meeting to order at 6:40 pm. ll. APPROVAL OF MINUTES OF AUGUST 2. 1999: Alderman Wynne moved to approve the minutes of august ?. 11499. Seconded by Alderman Bernstein. alderman Rainey had an amendment on page 2 at the end of the first paragraph where it says "alderman Rainey said she thinks is makes sense to have 5 members on A&:P%V and 5 members on P&D.' She thinks she said it makes sense to have 5 members on A&_PW because of all the money they spend. Alderman Rainey moved to amend the minutes to read -I members on A&PW and = member on P&:D. :Alderman W-,'nne seconded. Motion carried. No nays. Minutz-S -,sere approved. 111. REFERRING AN ITEM TO THE RILES COMMITTEE (\cq%-man) Alderman ,Moran stated that there seemed to be a difference of opinion in the interpretation of a specific rule of the council on referring items to the Rules Committee. I -le had spoken to Herb hill. Corporation Counsel about attending the next meeting where this itent %vas on the agenda. but he «as not available. :Alderman Ne%%man said he think-; the rule �a%s (fiat the \la%or. Ct:% Council or Aldermen can refer an item to the committer, and someone disagreed. The Rules Committee is a standing committee. so any :Aldermen should be able to refer a matter individually. Aldermen can refer items to :Administration & Public Works. Planning & Development and I (untan Ser%ices. Also. he does not think Mr. I fill has much to do %%ith this item because scalf should not be interpreting rules tier tite COUncil. Council are the interpreters of their o%%n ruics Aldermmn Ratner asked for clarification a: to ho%% this issue eyen came up. Alderrtan "Ne%%man said he had asked the : it% Sur-_:_cr to put an item on the Rules Comnitne agenda. He helie%es at the ti is the tit_-..,r or at least one: other Alderman %%as conte,tine »hether or not he. being a, tndi%id:Wi member of the Council could Put something on the Rules Committee Aten .a. In his opinion it %%as cfearl%- an effort to block consideration, .alderman Newman read rule 9,9.; of the rules that s -References - Committees. Boards and Commissions composed entirely of AId_rrrian shall consider matters referred to them b% the \layor. Aldermen or staff •.tiithout the necessity of a vote of the Council." It is his %te%ti that this rule includes the Rules Coma„tree. %%hich is listed as a Standing Committee. Alderman `e%%man moved that it be ti:e sense of the Council that these rules, be interpreted in a %%ay that any ind; vidual Aldierman or the Mayor can make references to the Rules Committee. Alderman Kent seconded. Alderman Engelman said his understanding %%as tha::t did not come up because there was a reference heinu, made b% an :Alderman. but because an individual Alderman asked that an item be put on the Roles Committee at:.-nda, %%hic: is not a reference. He remembered uoine throueh this when there %%as an 1.4 member Council and it %vas said it was appropriate for all references to be made at the Council on the Council floor. He knee' that Aldermen could al%%ays ask the City Manairer or the Chairman of the: committee to put anything %%e wish on the agenda. because the Chairman of the committee has the right to put amthinL thev wish on the agenda. Alderman No%man said the police ofc%en committer that he has been on has been that they hale entertained from members of the committee if they %%ant to put something on the agenda the% have the same ability as the Chair. .alderman \e%%man clarified his motion. The first part of his motion was that individual Aldermen could make references. The second part is that an indi% idual :Alderman can make a reference: to a Standing Committee either un the floor of the Council or by communication to a committee chair. Alderman Moran felt Alderman Newman %%as suggesting that there should be a change in the rules. lie %%as not sure of the pleasure of the committee with respect to this. but he thought that if there is a rule, the rule either means something or it does not mean somethin-,. He did not think that the Council could make a motion to say the rule means somethine other than %eh:it it szi%s. Alderman Moran said if the: intent %eas to alter the rule, he thou_,ht the correct procedure %%ould he to propose "the %,Ia%or or an} member of this Cit% Council." The Council %%ould 1we to then follo%% the rule on chani!e of rules. Alderman Raine% said if Aldertttan Ne ,,%man is Loin_ to make the motion he should clarif% in it that %%hat he is doing %%ith his motion is simplti clarifiin__ %%hat the rules alread% sa-, She doesn't feel that Alderman ee%man .; motion is making any change. he up on the next agenda. Alderman Moran said tha- would be the clall of the Chair. Alderman Nevnnan said or the committee. ultimately when they got the reference. Motion carried. No nays. Alderman %loran said the motions should he refC Ted to Herb Hill and it has to be on cbe Council agenda. Alderman Engleman said they :.re irtaroduced and then voted on. IV. NORTH'WI STERN UNWERSITY CONTRIRT.TION RESEARCH CONTINUES* Alderman Moran said the Committee has receive i a v6hole series of materials relating to fire service fee as well as the question of an adyi,or-. memorandum. Mr. Hill provided the committee with a memorandum that talks ab, ut a 65-day publication requirement for a referendum. :alderman Bernstein wanted further clarification of %LExn the 65 days kicks in to have a referendum. and prior to what election. He wondered rf it was feasible to a primary election. Itir. Crum responded any election of.y:-.ich we only have March 21 or November 3. Alderman Bernstein said it has to be published. which means it has to be passed 65 days preceding the next election. \fr. Crum said the first meeting in January would rowuhly be the last possible da% to make that «,irk. Alderman Moran said under the proposed referendum questions. depending upon what the committee decides the%' wanted to do, the question %xould be amongst other things should the City attempt to impose a fire service fee and in his o.ti-n mind the question .%w raised Does it make a difference? Or should we kno« anything about what a fire service fee would accomplish before we ask the question. Mr Crum said the original question was more direct. Alderman Moran said it ►%as should NN%' make a contribution. 1+1r. Crum said or should the City enter into negotiations NW or something of that nature. As for fire sen. ice fees we can talk a more about a research on that separately. The question is how do you want to frame: the issues, �%hich is the generic one of, should something, be on the ballot. in which case you don't ha-. c mane dates a,. ailable. \`hat should Lo on the ballot and if it is fire service fees, there we can talk about those things. Alderman Bernstein said asking some generic question. we*d have to kno\% whether or not %ye can put into practice %ghat we as a C'it% decide or not decide to do. We have to know if we can or can not initiate a fire service fee or ,%'nat he would chose to call a fire service availability fee. I le was amazed that \%ith all the data provided. without appointing sonicone full-time to research fire: ser\ ice fees. %ye could not come up with the materials. Mr. Grunt said it is a major task to put it te}Lether lie has talked to Florida -.%ho is the onit state no\N that is doinu, this. The% are all ei,ing outaide consultants. The basic 4 UE Alderman Rainey asked for clarification a to hot,- this issue even came up. IIderrnan \e« Wean said he had asked the L'it.- Nlana<ger to put an item on the Rules Committee Agenda. He believes at the it to the Ala•or or at least one other Alderman, .,as contesting whether or not he. betnu a i :ridividual member of the Council could prX something on the Rules Committee Agen :3 In his opinion it %gas clearly- an effort to block consideration. Alderman Newman read rule 9.9.3, of the rules that says "References - Committees. Boards and Commissions composed entirely of Alderman shall consider matters refereed to them by the Mayor. Aldermen or staff n ithout the necessity of a vote of the CounciD." It is his viety that this rule includes the Rules Committee. which is listed as a Standing'. Comminee. Alderman \e«man mo.ed that it be the sense of'the Council that these rules. be interpreted in a oar that any individual Alderman or the Mayor can make references to the Rules Committee. Alderman Kent seconded. Alderman Engelman said his understandim: was that it did not come up because there cvas a reference beinu made b. an Alderman. but because an individual alderman asked that an item be put on the Rules Committee ai:.nda. which is not a reference. fie remembered going through this when there was an 15 member Council and it was said it was appropriate for all references to be made at the Council on the Council Boor. He tine« that Aldermen could always ask the City Manauer or the Chairman of the committee to put anything we wish on the agenda, because the Chairman of the committee has the right to put anything they wish on the agenda. Alderman \e%%ntan said the policy of eery committee that he has been on has been that the%- ha% e entertained from members of the committee. I f they want to put something on the acenda the% have the same abilit. a: the Chair. Alderman \e%%man clarified his motion. The first part of his motion %%as that individual Aldermen could make references. The second part is that an individual Alderman can make a reference to a Standing Committee either on the tIoor of the Council or b. communication to a committee chair. Alderman Moran felt :alderman Ne«man .%as suggesting that there should be a change in the rule7. Ile vas not sure of the pleasure of the• committee with respect to this. but he thought that if there is a rule. the rule either means something or it does not mean something_. Ile did not think that the Council could make a motion to say the rule means something other than %%h:it it .a).s. Alderman Moran said il'the intent %%as to alter the rule, he thought the correct procedure Mould be to Propose "the Mayor or an% member of this Ctt• Council." -I-he Council �wuld ha%e to then fullol. the rule on change of rules - Alderman Maine% said it"Alderman Nevman is Loin,= to make the motion he should clarii, in it that %khat he is doing «ith lit-, miluon is ,imply clarif%ing «hat the rules already ,a. She doesn't feel that Alderman \euntan's notion is making any change, he is just trying to clarify or reinstate «fiat is already present in the rules. Any Aldermen or Mayor can make references to Standing Committees. It might not necessarili mean that tour reference shoos up on the agenda at the eery next meeting. The agenda maybe full. but it will definitely appear on the agenda for consideration. Alderman Newman said he a,-,rL.d «ith Alderman Rainey. His first motion i�, rile 9.3.1 section 8 "such other matters as referred to it by an individual Aldermen. the-ouncil or Mayor.- The change would be adding "an individual Alderman" to rule 9.3. 1. Section 8. Alderman Engelman said he thought the rule %%-as already there that allo«s Aldermen in the Standing Committees to refer to a Standing Committee - that talks about gurisdiction. %Vhat is being done is amending that particular thins. saying_ that an Alderman can ch.=nge the jurisdiction. For instance. he can refer a zoninu matter to the Rules Cvmntittee because it says the jurisdiction of the Rules committee is attvthinv- he refers io it. Fie thought the rule was already there that allowed one Alderman to refer an%thing they %%ant to the Rules Committee as long as the matter %vas within the jurisdiction. Alderman Rainey said the Rules Committee is the Committee that determines its jurisdiction, you might have an odd issue referred to the Rules Committee to determine jurisdiction. :alderman Rainey seconded. :Motion carried. No Nays :alderman Nem man said his second motion is under rule 9.9.3 under references - he wanted to add the language "references can be made by an individual Alderman durin^_ call of the wards. standing committee meetings or by communication by an individual Aldermen to the chair of the standing committee". for instance on the Planning & Development Committee. Alderman Bernstein is the chair he can call Alderman Bernstein and ask him to communicate to the staff that he wants an item put on the agenda. Alderman Dent seconded. Mr. Crum said how does it become part of the record. Alderman Moran it is subject to availability. :Alderman Engelman said he thought that was wh% %ke had Lone through this process once before. ha% ina all references on Council floor, because he remembers tr% ine to do a reference at the committee le, -el and it was said that it had to be made on the Council floor. alderman `e-%%man said there have been instances at MD «here the staff' has asked a member of the committee to make the reference at the Council level, but that goes to the Plan Commission and it doesn't go direct!% to the Standing Committee. This does not apply to references to am of the boards or commissions. I le thinks the way it ,,%ill be tracked is that ifthe committee chair communicates with the appropriate staff person it %� ill theft end up on the agenda. :liderman Kent was also concerned about how it became a part of the record. He imagined that as soon as the Chair got the reference from an Alderman he or she would call it in to the C'it-, \lana_ser's office The imlxirtant part is that everyone understands that just because Wu are niakin_ a reference to the Chair does not mean that it «ill come up on the next agenda. Alderman Moran said tha:- -would be the clall of the Chair. Alderman Neuman said or the committee. ulti=-.rely when they got the reference. Motion carried_ No nays. Alderman Moran said the motions should he: ref, -red to Herb Hill and It has to Ne on the Council agenda_ alderman Bngleman said the- ._re introduced and then toted on. IV. NORTHWESTERN UNIVERSITY CONTRU31-TION RESEARCH CO`'TI`UES; Alderman iVforan said the Committee has recei,er j a whole series of materials relating to fire service fee as xyell as the question of an advi -gin- memorandum. Mr. Hill prov7ded the committee m-ith a memorandum that talks ab, it a 65-day publication requirement for a referendum. Alderman Bernstein wanted further clarification of -when the 65 days kicks in to have a referendum. and prior to what election. He wondered if it was feasible to a primary election. Mr. Crum responded any election of cti:.ich we only have March 2I or November 3. Alderman Bernstein said it has to l-e published. which means it has to be passed 6_5 days preceding the next election. \fr. Crum said the first meeting in January %%ould roughl% be the last possible day to make t: =t «ork. Alderman Moran said under the proposed referendum questions. depending* upon what the committee decides they wanted to do. the question would be amongst other things should the City attempt toimposea fire service fee and in his o,,yn mind the question was raised Does it make a difference' Or should we Laio%y anythinl: about v.-hat a fire service fee would accomplish before we ask the question Mr. Crum said the original question was more direct. Alderman Moran said it was should NW make a contribution. Mr. Crum said or should the City enter into negotiations with N\N' or something of that nature. As for fire ser% ice fees we can talk a more about a research on that separately. The question is ho%k do you want to frame the issues. which is the generic one of, should something be on the: ballot. in %%hich case you dcnn't ha\e man\ dates mailable. What should Lo on the ballot and if it is fire sen-ice fees. then we can talk about those things. Alderman Bernstein said asking some generic question. We'd have to know whether or not %%e can put into practice %\ hat %%e as a Cit\ dec:de or not decide to do. \Vc have to know if we can or can not initiate a fire service tec or what he would chose to call a fire service ayailahilit\ fee. I lc was amazed that \%ith -,I the data pro% ide:d. v ithout appointing someone full-time to research fire ser%:ce tees. we could not come up with the materials. ,Ir. Crum said it 1> a major task to put it together Fie has talked to Florida %%ho is the onl\ state no%% that 1!, doing, this. l }lei are all outside consultants. The basic 4 question is .4il1 it benefit the community to do it and -.vho will bcneut, who -%ill pay more, who will pay less. There needs to be a formula. What has: not fxrn sccti on Florida yet is the first assessment formula to see h-cm they actually applied t (.) everybvdy. That is the key to determine whether homeov ners end tip »ith a sa\ :ngs .►r \%hether %oft are suddenly taking a%\a% their tax deduction and gig ing them fee o tc Ot it. AIderman ;Horan said Florida might come up with an answer doper ling upon the demographics of their community. but it might be a different answc' for this comunity. ,41r. Crum said basically- they are taking the total cost of fire service including pension. the whole thing and allocating it into a tee structure based on structures and people on properly. not the value of the property. alderman 'Moran said he \\ ould assume they are still breaking it down between these various land uses. fir. Crum said only e;occrrrtment and non -government. ~ ;pis. Leyendecker said within those land use categories they break it down into individual categories and that is how they were able to determine incident histonv as to who had a greater fire rescue incident histon,. Part of that history was then part of the formula for creating how they came about witlt a funding program. INlr. Crum said the history was actual[, past histon- of types of use by categories. Alderman En2eiman said they can actual[,.- calculate a formula used upon not only land uses but also size in structure. So for instance in Cook Count\ %\e calculate on %slue with residential property. it is assessed differently than commercial properly we could.. depending upon what are history is, show certain preferences based upon Iand use as well as preferences based upon size and type of structure. Alderman Feldman said the referendum should be one thing only . A general statement that gives the Council validation to carry to `NV. as a mandate from the community. If it doesn't work «e try another approach. It will then be, not the Council negotiating or asking NNV it «ill be the community through its representatives. This «ould be the strongest position this Council Mill have e%er been in. in relationship to NW, He is not suggesting that it is enough, but he is suggesting that it is more than.\e have ever ever. had. The: people that sign that referendum will applaud us for this. if it %%orks and is effective. Alderman Wynne shared the same concerns as Alderman Feldman. She said that if we ask a eery specific question about tire ser-,ice fees %%e have to ha\e some slam dunk - information. Information that sati s if N ou make the fire sen ice fee the issue, that it will ettectkely sole the problem and we don't have that infornation. if the issue of fire service fees is not uoine to be effective she suggests going to NW and say ing to them. you are a partner in this community and this is what other unk ersities do and .tie are asking you to contribute in a fair %%ay. This is %%h. she thinks \\e need a more open ended referendum as AIJerman Feldman was said. There may be some other formula that we !M' calculate. but she thinks this at least authorizes us io go forward with the issue, Mderman Bernstein said he l:ad no rri dent "ith the reterend::m ! lis concern is ha%in�a .1 00"a validation. "'fiat %%ould be the nt. ,t step He said at the last Rules Committee meeting. he is nut satisfied "ith "hat !:_ sees as far a, tire sera icc f:ea I It: ";tnts to have methods r,. %%,hieh "c can get into ttic ir pockets. We theorcticaII, ha\ e till January. the reterendurn is a -ood idea. and lie think, ever%one here agree, or Nheves that it would be unanimously in favor of `W paying its fair share, except NW -%\ho helieyes in its heart in some wa% that they do pay a fair share. His concern is that if "e Qo it) NW and say the City has spoken. the constituents are te'!ing us to negotiate "ith -,ou. %%hat are we negotiatina. If NW is "illing to contribute ?. + or 10 million dollars the City "on't have to spend the money required w go out and hire somebody to calculate how much we are going to do on the fire service fees. 13ut we better be darn sure before we go in, that legally \\e can make some formula avai:ahfe and know %whom it is going to effect. If in fact there is a national publicly and the shame factor takes o%er. he doesn't think NW wants to be on the cover of Times Magazine, as not supporting its community. Realistically. --ghat %would the mandate I-e. to do what. to negotiate ,%hat. Alderman Moran said %%e need to decide "hether or not "e are going to have a referendum and what the question will be. Alderman Rainey said this is a political issue. %%e need political supp<art, we've never had it. this Council has never had it, the public has whispered for years and years and vears that NW should pay its fair share. There are ways this can do done. We need to first of all get the political support from this community. She guarantees this will be a national issue. There is nothing that causes action more than a real controversial issue. The side of right is the side ofthe taxpa%ers in the City of Evanston. looking for some relief from an institution of such monumental billions ofdollars. Thev are noia taking to lowering themselves to listing on the front page of their Observer. that their students are paying a photo finishing tax and that is how the\ are contributing to this community. They are actually no\y counting their revenue generated by students on the photo finishing tax. She ►yould like to get on with this issue. get it on the agenda and get it voted on the council floor. Let's try not to think that we have this whole plan in place before we get the communities support. Alderman Kent Said the important part about the question is Living in to the citizens of Evanston. NW could conic out and get behind us if this is what they really want to do. The referendum "ouid put a charge to the Council and to N%V TTw issue is too big to ha%e a plan mapped out from A to Z. "e need to grab the support citywide. This will open up the doors to create a solution. He thinks the fire service fee is just one of many, many. many things that residents will be providing to the Council to try as well as the Council's own thotwhis. There has been nian% disciission about ho" much money NW 6%es. NW can also list ail of the things that their students do from picking tip trash. to mentoring programs. to scholarships to the sports programs. In some •trays those things 6 do effect the community. but it is not etrectine the community the ►►-ay the citizens of Evanston vivant them to effecting the community, and that is from their pockets. The citizens %ill either ,.ote for it or the% «til vote against it. if they vote for it, it just opens up the door for more cr:ati%e thinkin_= ;rid then to real[: let NW kno%,.-. the Council nc.a just serious. but the CaN of F%anston is serious and .%t %ilf work on it until %%e com_ ter a finish. Alderman `'e%%man said we don't really sa% often enough that a lot of people do ackno%%ledge the tremendous contrihuti:-n that NW makes to the community like a lot of other businesses. E%an_ton Hospital an,: St. Francis Hospital makes a great contribution to the community as does others. We have a situation Iike vie have at the library, we had ?2 million dollars to build the buildirt, -,aid all out of real estate tax debt sere ice. Wa ha,.e not one penny of that 17 million dollars to come from `NV. We have thousands of students t%ho get free library cards, vho cet material: that this community is providing for NIV students who are right next to that Iibrary. Materials that We ought to be providing and we are have our Library Board tell us that with this'_'_ million dollar '. building it does not have a good enough collection. It t%ould seem to him that the University ,.would want our library to be a great Library That NW would recognize that their students who live at .Alison Hall and all the other r.sidential halls. that are adjacent to the library. who are major users that `XV v ouid \%ant -,o work with us as a partner and make a direct contribution in that sense The other situation that %%e ha%c right no%% is that our t%,.o school districts are subject to tax caps. They are ha% ing a greater and greater struggle. That is part of the problem he has ,.with all of the language. one could argue that the biggest price we pay, by having NXV off the tax rolls on property tax. and `Wilkes to talk about all the taxes that they pay. Everyone else pays in town. all of us get counted towards the census, pay real estate taxes, sales taxes. taxes if %%e are tined. %%ater taxes. and sever taxes, but a big pressure on our school systetn right no%%. which is an educational issue is that Cact that the educational school hoards do not have access to those monies. By N«' paying: property tax, in his % ie%% the educational s\ stem is feeling: a greater crunch than they have been and that is %%h,, some of this language nerds tt-, taik about the schools in addition to the municipality. As for fire service fees. he thinks we ought to be doing all types of things to stud,. and educate. and be readv for this ne,otiation. Alderman \c%%ntan said he just learned something he ne%er knevr about tilt: fire service fees. that the: assessment could be partially based on the historic demand for the service. He would like to knew whether vie can or can not. from legal council, require non -for - profits to have to annual!report an inventor-, of their properties owned, to the City Council. Properties that art acquired and properties that they sale. lie was told about some commercial property on Chicago A%enue that NW is perhaps getting their hands on and if the% do the propert\ is going to be cuff the tax roll, A later from Richard 5tillerman states that the CHN alread% knots the anst%er t,,_, the question. The problem is %tie already no in part the ans%%er to the question as to whether or not the University is going to negotiate «ith us in good faith, he is looking for a faith ncgwiwioin urn both sides. He thinks the conimunit\ nc:-ds to make a atatenient to the Uni\ersity that th%:ry are supportive of this. Let's he read. &%r the ne►;otiation in Al, it or \1.%\ get it pa�;itive sign off from the communit%. But he %%vuld lil.e to jddres:, the l:utguage i. ,itr, oin whether it ought to zo be%ond the munic.palit% and %%hethc %\c ought to Lind it %%a� to include the schools. because he bell,%es that they art being hurt e,en more thait the we are. Alderman Rainey believes that the outcome of the vote %%il. be interesting. but site constantly is reminded and hears echoing when ever\ this oitscusston takes place. Rzr old friend alderman Collins stood up proud[% on the Council one night during a conversation Very similar to what we are ha%ine and said "alderman Rai:ie% people who live in m-. Ward are willing to pa% more because of the presents of N She doesn't know it that is still true. she doesn't' know if that ever was true. and she thinks this referendum vxill produce certain information that will be .ery helpful to the Council in terms of support. .alderman Feldman said a number of things have been raised tonieht. he can tell you that in the previous negotiations we \\ere that far away from something that they admitted to as a justifiable way of compensating to the city, rind that %%as fire sen•ices. that was a long time ago. they admitted that this «as a wav of going about doing it. What happened %%as the President said no. But they did not take a«a% «hat the%- had said before. the% just decided that they \%eren't going to do it for whate%er polic% there %vas. There are others. And he agrees %� ith :alderman Bernstein we should have as much bit and weapons as \�e can. But one of the major «capons that we %%ould ha%a and he thinks that it is the wed on. which is vast community support. Mayor Morton asked if a I'air share amount had been determined. alderman Feldman said along time ago there \\as a figure of around $800.000. it "as for fire only. Alderman Rainey said and it did not include pension funds. Alderman Bernstein said he does not v ant to blow this. because in his mind this is the last chance. I le will ob% iousli. support the referendum. but his question and charge is that we better get on board and come up «ith every conceivable method so we can walk into a negotiation and say this is what \\e are going to do, In part. %%hat the Mayor just asked. is sort of «hat lie is asking. %,hat are we asking for`? Ho« do %%e determine that'? That is his only question and his onl\ hesitation. Ile «ould like to ha% a something to ask them for. some rational basis. He recently had a con%ersation «ith one of their members. and said \,6hy don't \cite beCOnle a JOC I.c<<. A Joe Ley} emploxs people in the CClmmunity. those People stuip in the curiimunitn. he mans property. he pass real estate taxes. he works here. he brings covert to this comniunit%. but he also bets on the line physically and into his pocket because he can. Presumably NW can also. «h% don't they, do it voluntarily. without am of this stuff Alderman Bernstein moved that Cit% Council create language tier a reti:rendurit to he place on the nett primary election ballot. \larch 21. 1999. As Icing as the C.'uutirit is clear that his intent in doing this is to get read~ to negotiate and 8 then hope that the community thinks as the Council thinks. 5 vea. Z nay. Alderman Newman moved to appoint a subcommittee to work out the language to -c recommended to the Council by the next Rules Committee meeting. alderman Be.-miicin seconded. Aldermen Newman. Bernstein and Feldman volunteered to serve orr this subcommittee. V. ADJOURNNITENT: The meeting adjourned at 7:40 p.m. Respectfully submitted by: Darlene Francellno M 5111N TES OF THE RULES CO1%15tMEE 'MONDAY, AUGUST 2,19" ALDER,IL44NIC LIBRARY 6:30 PJ%1. Present: Aldermen Ste%e Bernstein, Stephen Engelman, Joseph Kent, Arthur Newman. and Ann Rainey and Mayor Morton Absent: .aldermen Dennis Drummer, Gene Feldman, and Melissa Wynne Presiding: Alderman Edmund Moran Staff Present. Judy Aicllo, Roger Crum, Bob Dorneker, Dave Ellis, Darlene FranceLlnox Doug Gaynor, Kristia Lcycndecker, Jim Wolinski Citizens: Wellington Howard, Mimi Peterson, Bob Seidenberg 1. Call to Order. Alderman Moran called the meeting to order at 6:45 p.m. 11. Annroval of Minutes of At►ril 5, 1999 MeetinE. Alderman Newman moved to approve the minutes of April 5, 1999. Alderman. Kent smamded. Motion carried_ No navy. Ill, ban ing the number of members on the Administration &Public Works and Planting &Develonment Committees: Alderman Engelman stated he has sat on the Planning& Development Committee for 9 years and has enjoyed working with Alderman Kent and Alderman Newman. When there was an 18 member Council (2 Aldermen per ward), you knew what was going on at other committees from your co-mnte. Alderman Engelman said it is very rare that an issue will come before P&D that he can't figure .rut. That is not true on A&PW, there are issues that come before the Council that he doesn't Jim a :he same grasp because he hasn't had the background on it. He feels he can add something to A&:PXV %vith his background in finance and banking. He also was in the liospital when the assignments %%ere made at the beginning of this Council. Alderman Moran said the first proposal %%quid to change the number of members on the respective ? committees followed by the proposal of Alderman Engelman to join A&PW. On the first issue Alderman Moran made the motion it) ths: affect. Alderman Engelman seconded. Alderman Engelman pointed out that there are more issues on the Agenda to come before A&PLC' than heft: e P&:D. Alderman Bernstein said he values Alderman Engelman's experience on P&D and the :aformation that he yields to that committee and would like to see Alderman Engelman stay or. 1' &D. Alderman Ne.%man said he was not in favor of the motion. He thinks it presumes that is the numbers are changed, Alderman Engelman would be the person that goes over. lie thinks t.%CtC might be other Alderman who might want to switch. He also thinks it is much more important to lime 5 members on P&.D because it is very valuable to have the Ward Alderman present %%hen a zoning matter is decided. Alderman Kent said he would like the Alderman's point of % iews that are not here. Alderman Kent let Alderman Engelman know he appreciates him ,ming on P&D. it has been a guiding light and wonderful. If Alderman Engelman ►%ants to sit on A&P%V now, Ile will be missed. The fact is now, he feels, at least in P&D, when issues come up we span the Cite fmm north to south Evanshin. As a tastier of fact, constituents came forward with the historic district ►.high he thinks Alderman Engel will play a very big part in especially the intricacies that are going on th3i ►►r don't kno•.% about. Alderman Kent doesn't necessarily want to see the chans;e, t•ut w��uld ltkr to gise h� the oit to sit on another committee. Alderman Engelman said ha%iag a 9 person Council is to have an 18 person Council, is the lack of the tiiventty ofopiniCas. droughts and ideas that we don't have now. What little he can add to P&D n the committee be wt7l continue to add, but will add it at the Council level not at the �wmnitter level. If it Ls certainly effecting his ward he will add to it at the committee level. if this rommimc votes to recommend that the Council change the rules and if he happens to be the one that gets move. lt'; the same as when issues come before A&PW that effect his ►►ard he Would walk acro." the half and deal with them. Alderman ingelman said he ►would have a better grasp and would he able to better serve his constituents in the 7th ward by having a better grasp of the issues that come befece this City that go through the A&PW committee. He made this reference for that purpose. Alderman Rainey asked if anyone, for example, from the A&PW committee who ►►ould like to go to P&D? There was no response. Alderman Rainey said she remembered historically, when there were 18 Alderman. If there was an issue regardless of who was sitting on a committee, we still moved among the three committees to hear issues that were pertinent to our ward. Even ifour colleague was sitting on that committee. When there was 18 Aldermen, did wx not every 2 years reconsider committee assignments? Alderman Engelman responded that there was also elections every 2 years. Alderman Rainey said that was true, but even those Aldermen that urn not up for election had an opportunity to voice an interested in changing committees depending on who was in and who was out you izot to switch. You didn't always get to do what you wanted to do. Alderman Engelman said his issue is not necessarily changing P&D from 5 members to 4 or A&PW from 4 to 5, but to leave one committee for another. Alderman Rainey said there was an opportunity to make a request to change the numbers. Site also said there is no such provision in our current rules. Alderman Newman said there might be. We could certainly change assignments if we decided, but he doesn't know if that has even been explored or whether anybody has been asked to switch. Alderman Newman said he thinks the issue before us is whether or not it makes more sense to have 5 members on Planning and Development Committee or does it make more sense to have 5 on A&PW. Alderman Moran asked if there were am other comments. alderman Rainey said she thinks it makes sense to have _; members on A&PW and 5 members on P&D. A&PW does recommend the \penditure of a lot of money, so maybe it ►►ould male more sense to have 5 member on A&PW. Alderman ,Moran said the motion has been moved and seconded to chance the number of Council members on A&Pkk and on P&D. Alderman Rainey said paint of information, are we are not talking about Alderman Liwelman coming: tot A&M-1 A1dtrman ~loran said no he would say we do it as is and if there is a change we will address it. Alderman Bernstein said he would like to gene other Aldermen an opportunity to say whether the-, ►►ould like to come overto the other committee Alderman Engelman said it should he 5 on thr a committees. :Alderman Bernstein said maybe %kc should consider going back to that He ►-.lds to those people who ►%orked under 18. as to ►►hether or not to go back to 18 on the Council Alderman Rainey said she liked 18. Alderman Moran said if other Aldermen ha►e the same expression similar to .Alderman Enulenian's they can make it. If someone wants to make the same request they can. Alderman Moran sucsaested that the Committee take a vote on this first issue as to the numbers on the committee, up or down and if it is tip we recommend it to the full Council for its consideration and adoption as a rule change by vote of the Council As to the second piece if it were approved what people would [Hake the switch. Fie is open to suggestions. Alderman Engelman has expressed his desire to make dhe move. Alderman Moran would be clwfortable moving forward with that, if the committee L-- not then the Committee will solicit exxptrssions of desire. Alderman Newman said he is just as interested in going to A&PA' as Alderman Engelman is, he thinks A&PW is an impommmi committee and he would be verjv glad if there is an opening to compete with Alderman EngcLman to move over to A&PW. Alderman Moran said given that statement he would suggest that we take a vote on the first issue and then Nye will come back on the other issue. Alderman l3erastein said if in fact we have'_ members of A&PW who express interest in coming to P&D then :hat renders to need to change. Alderman Moran said we have a motion that has been seconded to change the number of people on the two standing committees. Is there any other discussion? There was none. Alderman Moran asked for a vote. S yea l nay. Alderman Moran said the recommendation will be transmitted to the Council for its consideration and then discuss the issue of who goes to which committee. Alderman Rainey asked what is the next step'. Alderman Moran said he believes under the current rules the Rules Committee decides to make the appointments to the committee. The issue will come back to the Rules Committee at the next meeting for an election, and see who wants to serve on A&PW. As of now Alderman Engelman wants to serve on A&PW and now Alderman Newman is interested. Mayor Morton asked if, prior to tonight did anyone else indicate a desire to be on another committee. Alderman Kent responded no. IV. Northwestern University Contribution R,esesrch: Kristia Leyendecker previously, had prepared and distributed a packet of information on the research. Alderman Rainey would really caul•—m people, if you don't want to upset the people in this community who feel very strongly about same kind of contribution from Nr%V. She was not suggesting payments in lieu of taxis or fees for fire services, but some kind of financial contribution from NW. N%V pays for commodities that the rest of the community pays. Ms. Leyendecker said part of the reason she asked Sill Stafford, Finance Director, to prepare this document %W for the Council to have a clear understanding of how :.he city is calculating revenue from 1W. The summary basically states that anv of the univer=_sties who are making contributions to their communities are doing sip on a voluntarily bass. Evanston is nor the only community fighting this battle. None of the other municipalities had any power to require universi(Ies to make contribu110ns- The state of Connecticut is the _�nlv one that reimburses the municipality for the tax exempred university. Alderman Bernstein :aid he needs staff, primarily the legal department to provide creative -r legitimate nierhtds of getting Nurthweztern to make contnbutions to the City of Evanston. He thought former City Manager, Eric Anderson, proposed an ordinance with respect to fire services' Judy Aiello ;aid there wm not one. Alderman Bernstein said NW's presence ad.is r,) the fabric of the communiry•, nd they do bring a for of revenue into the community. bur rhey can do more Thirty year_ ago NW donated a fire truck, if they want to endow our flet% and not contribu,e money, the:, let them endotiv our deer. The Mayor of Ithaca stated they A-irhfnelJ _oriing, but h.a.l a legal rc�t .,n to do so. Mr. Crum said no one has found the solution tha f❑:al e c,.mtr:= .tiL)n.. The niunicipalincs that are receiving contributi,ns have dome so throu;h a political : pproach. \it. Crum said through his contacts in Florida he has found a conimuntn- investti,atin} afire service fee and now there is a consultant working with, s, �rr.e of the cities :n Flori,ia „n it can be implemented. That is still the theory that every parcel in town on a bas;, ether than property taxes must pay the fire service fee. Ms. Leyendecker sail she had a copy of their ordinz�nce and consultant's information. She said she spoke with . ,,n:niunirics and then all have been unable to find solutions. One community charges sewer fees based upon usage and Evan.:ron is going to look into this. They charge the private non -For -profit college more money because they use mcre and they also charge them a fee for the actual sewer itself. Ms. Leyendeckersr+oke to one of the administrators who use to be a manager of a capital city. She belonged to sr: organization where all Elie rr.anagers of capital Bides would get together, to discuss the issue of sracc government biz Idings in ch=r capital +tries not paying property taxes. Alderman Rainey said the thinks the solution is gotng to ultirnarciy be a political solution. Are there no municipahm::i that are able to charge a sire service fee: Ms. Leyendecker said from what she undersrands about fire service tees in urban areas, when you charge a fire service fee, the people who are c-,zrently paying races have to also be charged fire service fees. Dave Ellis asked what if you area-ed a separate fire district' Ms. Leyendecker said people will still be paying for it. Dave Ellis sau NW or a private entity is net paying tires and are not paying for the service. Ms. Leyendecker laid the problem is you %ill be Jiscriminaung against them. Alderman Rainey said what if you are a not -for -profit arJ you own more than one hundred thousand square feet of improved property, tbcn you must pay the public safety fee. Based on the amount of square feet you have over a hundre-.d thousand square feet, that would eliminate a lot of the churches, Kendall College should be included, and it would exclude all smaller not -for -profits. Alderman Rainey thinks NW doesn't feel the rublic pressure as some Aldermen. However, in order for NW to know that there this is public pressure out there her idea for years and years has been that there needs to be a referendum where people can vote yes or no whether they would like to see NW make a financial contribution to &-s community and name NW specifically. If there was a referendum such as that put on the ball,-r where there was ovem-helrrung support this Council would be absolutely obligated to work -awards an effort to achieve some compensation from Northwestern. She thinks this would pry :-ide the Council with the very, very specific direction. Ms. Leyendecker stated not being ar. attorney, and nc; . knowing the whole legal issue on square footage, the City has to be extremely ca: eful not to in am- way shape or form, appear to be imposing a property tax or a means of gaining f-_nding in lieu of }hose propertyy taxes, the state will not allow us to do that. She doesn't wonder is a referendum wesldn'r pit the City and the University even further aparr and wouldn't in fame way cause mr ,re of a problem. Alderman Engelman said assuming, for argument sake that an overwhelming number of people say that they would like to see NW make a more substantial contribution. What can we do about it? Alderman Rainey said she thinks it is a political thine. It generates senrtmcnts. Alderman Engelman said but how does it get us any closer to the solution' A'derman Rainer• !aid she would like Net' to see that the conunhuniry they are living in is not su=r ortive of their a:thholdin contributions. .-alderman Bernstein said he believes that his c,-�.stttucnts would -:,ire over-x'helmingly for the proposition of NW making a contribution, but r.e would like to •j.:irk diliger.tiv toward getting a method by which we can get Nor to make a c,.c.tnbunon. But he Would like to move forward, he doesn't know if it is a head tax On employers ,XL D employ more t!-an x number of employees, he doesn't know if it is square fcxitage nf propert - x-ned, we have ri-,, ahvinusiv r -t discriminate against a particular entity. To the extent rhar %-f have the supp-r. of the community wholeheartedly hehhnd tis, then he thinks ultirM tely it will have :0 be political. He thinks if NVf/ becomes the reason the churches have ro reac~ :ntn their rockets it is nor o, :r,i: to sit well Mrh NW's alumni. tits. L:yeridecker said the heal -_x issue is somerl-',114 that %1r Stafford had brought up during; the hu,lget season, that mac a Viablc Opn.,r, ' c0mtuiu� : 1�kik into. Chicago has a head tax now, they exempted all -r•,eir non-t(,r.pn-':-s, there are methods where you can protect, Or instance, restaurants by saying would apph• to ttIose 50 ern: i�yees or more. .alderman Engelman said with all due respect m6 _ have ether vet.:arpe em} I- v,:rs, Rotary, United Methodish Church, Evanston Hospital, Dotnzn:cks, Jewel, etc. Where is the thrust hold. Ms. Leyendecker said her personal impression based �-,pon ghat she has read is tha- we have the view, and rightly sn, we are providing N\V with seven. services upon wi-.ich then• are not providing payment. Based upon her research N%V feels that in order for thern to make a financial 4 0. '40 contribution they want something else in return. Alderman Rainey believes that NW is not goinng to move anywhere ever. So why wouldn't we consider the possibility of deannexing east of Sheridan up to the City and their property line. Alderman Bernstein said we need a legal anal of de -annexation , head Taxes, tax per square footage of property ownership, fire service. Aldermrnn Engelman said there are some down sides to deannexanon, because you also loose control. His constituents do have some problems with Issues east of Sheridan Road, such as noise and parrsts+. even height of buildings will eventually becarne a issue. He has always thought that the fire service fee was the appropriate thing to look into. The previous City Manager's theory was thariif you could make the argument that what fire protection is there for is to basically procect the square footage of structure, you could there:ore impose a fire service fee as long as you did it uniformly upon all owners of structures based upon the ,ware footage of those structures. You then eliminate the fire department as a ennty within the budget for tax purposes_ The former Cr y Manager at one point went on to say you could almost do that same thing with Police service cn the idea that police services are there to prc�rect property too and property crime and then you virtual eliminate the entire budget that is supported by the property taxes. Those two things rnafis up 40% of our budget and 40% of our budget is support by the property taxes. Alderman Moran said do we have a file an the efforts to exarrune that issue. Mr. Crum said the file is r-ery, very small. Alderman Engelman said he thought we had authori:ed aerial photographs for the purport height. Ms. Leyendecker said she thought that question had to do with height as well as square footage. Mr. Crum said right, viable square footage and then setting up a billing system. It is a major effort but it can be done. The key is does the City wish to do it. Mr. Crum continued by saying the other problem is the billing. You send a bill, what happens when someone doesn't pay their part of the services. Alderman Newman said he would be interested in what we would be gaining in terms of some type of projected NW contribution, and then he would be interested as to what that was going to mean to the individual tax payers. But it is interesting to do it also with the police. As far as the referendum goes lie doesn't see how anyone would be opposed to asking our community what they think about the situation. He thinks it is important for people to have the ability to expttss their views. Alderman Bernstein asked what has to be done to put a referendum on the ballot? Alderman Rainey said vote on it by the Council. a majority vote. Alderman Bernstein asked if it could be placed on the next general election? Alderman Rainey said you can put it on any election. Ms. Leyendecker said there is a deadline. Mavor Morton said let's say you had a referendum, let's say it came out 90% of the community agreed that NNE' should give sonic financial contribution. What would you be able to do with that information flint would gel you whatever contribution you are looking for. She is not going to present any ideas that would favor one pan of the City aver another, she doesn't think that would be fair. Bill she feels %%hatcver is done has to be thought through carefully. Alderman Kent said the referendum, ho%►ever it comes out, will at least give the Council the signal. He thinks NW already knows, and knew when the City needed 2 million dollars to close the budget. The% could have done it in the blink of an eye. He does not necessarily consider that the Council is attacking N\V. He thinks all of the voluntary services that they do, as a wonderful university, are things that much smaller University do and much smaller colleges because those arc llic kinds of things that the)- do. They are there to educate our youth and are doing that. The City opens man► things to N\V in Evanston, he doesn't think they give the City of Evanston 5 .• mentoring, he thinks that we let their kids come in and we show them and we direct tfiem in how they can help us build a better city. And di -Am are some of the things that are done. they pick up garbage in our City, that is wonderful. they do these little communim sees ices things, that is wonderful, but they also are a part of Evanston and we are much richer for them being here bat they are much richer for us being Evanston. We have a lot of things going on in Eyan.stm dctx enrich their campus. that keeps them up and that pulls things tn. He Just thinks that if we can g%% on the same page then we can really just izo to N W, N W can come to us and know that [bete are no hidden cards in the deck. R'hat we are going after is what the citizens of Evanston deserve and they deserve it because they are luckp enough to li%c here with a quality University like Northwestern. Mayor Morton said if you try to impose something on N%' that wasn't imposed on somebody else then she do:sn't think you can do that legally. Alderman Moran said the question is -whar will you do at that point to make it happen. That is the question we are facing today and is the question we will be facing the day after the referendum. Alderman Kent said the referendum lets people know that we are %orking on this. it lets NW know that we are working on this with the backing of the citizenry and that he hasn't seen before. Alderman Engelman said he is concerned as Alderman Moran and the Mayor said, even if the referendum was to overwhelmingly support the contribution in the absence of some legal way of doing it. Such as the fire sen ice fee or w hmirver it is. You come back to what every other community has come back to. we have to sit down with them and get them to voluntarily. make a payment. His concern would be just as Alderman Rainey said about the process of a referendum. it sometimes brings out an interesting view of what is going on . The process also sometimes hardens attitudes or creates e%en further animosity. However, he is not opposed to staff giving us the information necessary as to how to put a referendum on the ballot and he is not saying that the NW issues is the referendum that should eo on the ballot. Six years ago there was a referendum on the ballot regarding Council size and maybe. should be another referendum on the ballot again. Alderman Raine% said she thinks a referendum regarding the NW issue would add another level and that is number I, if it µere successful in the citizenn, dircctinv the Council and NW and for N%V to make a contribution. whiiner/however it is phased that tsould be political pressure on NW that does not now exist. It vn the other hand the referendum fails, it deflates the urgenc% she thinks, or the direction to the C .:ncil to do something. She doesn't think that the referendum requires that %%,c ha%e a plan in Ffacc for getting the rnoney before the fact. She is looking to the referendum to provide political direction to the Council and to NW Alderman Rainey said it is bad that we don't get money. But she has two ideas, and she would like staff to look into a public safety tee for owners of property in excess of 100 thousand square feet. not-for-prolits in excess of 100 thousand square feet including churches, schools. poor houses, feeding Sites. homeless shelters, what^.%cr comes into that catcuorv. And also would like to have sonic ui(Ormation rn deannexation And thirdly she tsould like to tno%e that we direct staff to draft a relerendunt wording and pros tde information, not that we do a referendum specifically, but a draft and g1%c us information about what are the available election dates. Seconded b� alderman Bernstein. Alderman Rainey motion was quesitioned, Alderman Raincv said clarified %vhm her m`'t--n was, first of all she said she had a couple of ideas rind would like more information on the puH:c safety feel. Then secondly she moved that staff prOvidd L15 with information rer',itdlrig !,time —2rious wording for our referendum, 5uch as we discussed and the itiforination ttt*arding when the various elect -ton dates are in the very near future. Motion carried. No nays. Ms. Leyendecker said she will have the information ready for the next Rules Committee meeting which is Tuesday, September 7, l999. V. Adiournment: The meetingwas adjourned at 8:05 p.m. Respectfully submitted, Darlene Francellno 7 MINUTES OF THE RULES COMMITTEE MONDAY, APRIL 5, 1999 ALDERMANIC LIBRARY 6:00 P.M. Present: Aldermen Steven Bernstein, Dennis Drummer, Gene Feldman, Edmund ,loran, Arthur Newman, and Ann Rainev Absent: Aldermen Stephen Engelman and Melissa Wynne Presiding: Alderman Joseph Kent Staff Present: Judith Aiello, Vanessa Burns, Roger Crum, Darlene Francellno, Douglas Gaynor and John Wilkinson Others: Dave Ellis and Mimi Peterson 1. Call to Order AIderman Kent called the meeting to order at 6:1 5 p.m. I1. Approyal oLMinutes of March L 1999 Meeton : Alderman Bernstein moved to approve the minutes of March 1, 1999. Alderman Newman seconded. Motion ccarried. No nays. 111. Jcference: Dgvelo a Pmress Regardinv Future Use of the Recycling Center: Mderman Newman stated that the Human Services Committee was holding a public hearing on April 12, 1999 regarding the many uses for the Recycling Center. This reference was made prier to the: scheduling of that meeting. Mr. Crum asked if the Human Services Committee would he the steering committee through the entire process. Alderman ,`loran felt the Human Sen•ices Committee ►►'as the right place to start, but not certain if the itch, .hotlld enti there He also felt special arrarigements should he made to deal with the JISUC. heiatlSe this matter is going to hl a ,uhstantial concern with the entire communit►' Alderman Ncx%man said ]11s motion should begin with Human Services li other uses should arise nw related ill the Fluntan Services Committee, the►' will he sent to the .11 iprllpriarc 0 111tVC %Ir ( _rttrn %aid a timet;lhle neC&d to be "et because decisions Ilecd tt' Ile 11i,l1it 'W. .1 IC11101 tttt/.ell1enter Alliclman Nc%%nlarl recommended 60 lid►'S. Motion carried. No nays 1V. Rights to Set Up Snecial C'ommittQu: Alderman Nc%%nun st.aed this was the Northwestern issue .Xlderman IL-iiric%- contnienteci on the interesting way it was worded. She had received calls regarding (lie Northwestern issue not being on t he agenda. Mr. (.runt said the wording came under the jurisdiction of the Rules Committee. Alderman Newman suggested that staff de%vJop a report using the information already gathered on not -for -profit universities contributing and also to make inquiries relative of other university towns. The report would give the Council an idea of which universities are actually making contributions. Alderman Newman would like a response in 2 or 3 months. Mr. Crum said Ksistia Leyendecker had been assigned as the primary research person. She will do research on what other towns are doing, what their format is and whether it is voluntary or mandatory. That phase of the information should be available in 60 days. Mr. Crum said after the information has been gathered a time -table needs to be set for a follow-up phase. Alderman Kent asked if there were any further comments. There were none. Motion carried. No nqv�. V. Legislative Priorities: Alderman Newman stated that a legislative session was coming up and the Recreation Board had requested the recycling center site for recreational activities. Priority should be taken to obtain funds for a recreation center located somewhere south of Oakton Street. Mr. Larry Suffredin had advised the Council on «•hat steps to take and the process started in Januarv. The City was able to get a million dollars last year for the Performing Arts Center. Alderman Moran said other stuff would also he needed. Mderman Rainey said the location should be clarified it is on Oakton Street. Alderman Newman clarified that the location is James Park which is on Oakton Street. Alderman Bernstein said he had no problem trying to get money for parks, recreation, viaducts and everything else needed, but the Council should look to Mr. Sufferdin again for some guidance on where funds might be available. iNlr. Crum agreed and said the legislators could inform the Council to look for something they clearly can identify with. The City is still pursuing federal money for the Church Street viaduct. Alderman Feidman said if the legislators suggest t%tio projects. the Council has a choice. However, if onk, one project is suggested, the Cc,um:il will nw Sending the legislators out with instructions should occur after they .r dt:,Aded cshert the ayailabilinv of funds are. Alderman ,Nc%%man said his motion would be that the Committee instruct the staff to consult with the legislators and fir 5ufferdw, and ask them •Whether the City can get none•% for a rc,-Femwn hui1ding ~Muhl of tirrcui or tht• �.:.cduct at Clittrch Street roar thL' I fill J'14)Jcct ill thi+ IC,41SIIIU i srs11on Alderman Drummer said the Council already creaTed a list of projects that need funding. unless the prioritus have changed. The list consisted of a recreation center, the Church and Dodge project, yi;uiuctti and the 11cr(Ormin4 An% ('enter Alderman Bernstein said if in fact the 0ty gets the million dallies he «Quid expand Alderman Newnutn's motion to include the perforating art center. If the City gets another million dollars use it toward the rehah of the old Varsity theater or something 2 else. Alderman Newman would expand the motion to 10 thousand for the Performing Arts Center. Aldcrman Drummer recommends that they see what funds are available. Alderman Moran stated there may be other projects that need funding_ Mr. Crum suggested keeping the list short to provide an easier chance of getting funds. Motion rstried. One nav v i. ddioumment; The meeting was adjourned at 6:50 p.m. Respectfully submitted, Darlene Francellno 3 • DRAFT NOT APPROVED MINUTES OF THE RULES COMMITTEE MONDAY, MARCH 1, 1999 ALDERMANIC LIBRARY 6:00 P.M. Present: Aldermen Steve Bernstein. Gene Feldman. Edmund Moran, Arthur Newman, and Mavtiir Morton Absent: Aldermen Dennis Drummer, Stephen Engelman, Ann Rainey, and 1tilelissa Wvnne Presiding: Alderman Joseph Kent Staff Present: Roger Crum, Darlene Francellno, Kristia Levendecker and Mary Morris Others: Dave Ellis and Mimi Peterson I. Call to Order Alderman Kent called the meeting to order at 6:20 p.m. Ii. AFtzroval of Minutes of February 1. 1999 Meeting: Alderman Newman moved to approve the minutes of February 1, 1999. Alderman Bernstein seconded. Motion carried. No new. Alderman Kent suggested starting with the discussion of the Special meeting %vith the farmer Mayor of Ithaca. III. Dis tission of format of Special Meeting with former_ Mayor y of ithaca: Mayor Morton questioned how this item ,got put on the Rules Committee agenda. She had not put it on. She asked the record to show, that she said it has no business on this Committee agenda according to the rules that the Council made up at the beginning of the sear when this Council took over, Alderman Newman said he requested the item. The Mayor stated that according to the rules, the jurisdiction of the Rules Committee doesn't show that anv one or two Aldermen can put this item on the agenda. The Mayor read Council rule 9.3.1 sectmn 8 "Such other matters as are referred to it bs the Council or 1ylasor " Alderman Feldman said oriZ: nalh• the reference came from him as a member of the Council, asking for a special meeting. The Mayor said she is not suggesting there be no discussion. just merely pointing out that it doesn't conform to the Council rules. This item was not referred at a Council meeting, by the Council or bs the ,Nlavor. Aldemtan Ne%%-man moved that the Rules Committee take this matter in order, under section 9.3.1 Section 8, "the committee has jurisdiction" over "Such other matters referred to it by the Council or the Mayor". 4--Y DRAFT NOT APPROVED Alderman Nc man interpreted for purposes of his motion, Council being anv individual member of the Council. Alderman Feldman seconded. Alderman ,Moran said based on rule 9.3.1 section 8 the Rules Committee doesn't have jurisdiction. It has to be referred b, the Council and clear!, the Council is not any one or an, two aldermen. It has to be a vote by a majon'Ey of the Council. Alderman Moran said he thinks the wlayor's point is that the rule pro%ides that there are certain ways to convey an issue to the Rules Committee. Alderman Feldman asked is there a may in which the Rules Committee can have a reference from a single Aldeman? .Mayor Morton said not according to the rules. Alderman Feldman stated that there is also a rule of the Council that indicates that anv Alderman should be able to make a reference to any standing Committee and Rules Committee is a standing committee. Alderman Moran said what is needed is a general ruling. The general rule that Alderman Feldman is referring to, would be that any Alderman can make a reference to a Standing Committee, which would be superseded by a more specific rule. Alderman Feldman said items number 3 and 5 are references from Alderman Newman and item number 4 is a reference from Alderman Engleman, none of which comply to that specific rule. I'vlayor Morton said item 5 does. Alderman Kent clarified that what the Mayor is saying is that item 5 was made on the Council floor and that the Council voted to send it to the Rules Committee. Alderman Newman said Council never votes to send it to Rules. Alderman Feldman said references do not have to be made on the Council floor. Alderman Newman said you can put anxihing on a Standing Committee, we've done it for years at P&.D. Human Senices and other committees. Alderman Bernstein said pursuant to rule 16.3. he created a call for a special meeting with the former Mayor of Ithaca on Monday, March 8 at 5:30 pm for the purposes of entering into a discussion regarding Ithaca's to►vn-go►►m experiences with Cornell University in Ithaca, New York. He asked that at least two other Aldermen sign the document then this becomes a mute point. He would like a Iegal opinion on whether or not the Council r.►eans more than one individual or whether we need to refer it from the Council. Alderman Ne►►Tnan said the Council is the ultimate interpreter of its own riles. not the legal staff. Alderman Newman said rule 2_6 states,- Commit tees or individual Alderman who intend to ask for official Council action, shall ask the City Manager to put such matters on the printed agenda prior to the Council meeting." Alderman Newman asked that the presentation by the former &Iayor of Ithaca be included on the printed agenda of the regular meeting. W. 060 hRArr MOT AlTROVED Xvir. Cruet said lie alloxwd this item to go mi the Rules Cllll muter a.<�ild.L He also agrees «ith the Nlayw. Her ittterixrtatiori is probably correct. Ho'%vever. the item has already been p<nciled in on a inquest from Alderman Feldman as a special presentation, although admittediy the miles don't cover when an Alderman may ash: for a special presentation. Mr. Crum said he N01 work vOth the Special Meeting. Special meetings can be called by 3 .•ildemien. He ,s not a rules e.\:pert, but thinks you could have a special meeting, close a special meeting and then have a regular meetinz at a spec; ied time as well. A-Iderman >Ntwman said what he could agree to is that we need to make rule 9.93. the Rules Cornmittce jurisdictional section, conform with the references. That can be done by changing it tr, make it clear to everybody that such matters can be referred by the Council, individual Aldermen or rite Mayor. Alderman Bernstein said reading rule 9.9.3 it would take at least two Aldermen, the phrase is 'Wdern= shall consider matters referred to them by the Mayor. Aldermen or staff without necessity of a vote of the Courwil. References are debatable but theoretically they don't have to be approved.- It needs to be clarified. Roger said procedurally what the Rules Committee can do is suggest changes which then have to go to the full Council for votes and discussions. Alderman Newman said he would ask the Chair to put on the Rules Committee agenda, refer it from the Council so that vre can have no delay on this: for the Council to review 9.3.1 and 9.9.3 and to make the appropriate rule changes or revisions. Would also like to place as a subject of a potential rule change, the matter of City Council meetings, special presentations and such so that we can develop some rules on that. This will clear Up the matter on how a special presentation is going to be scheduled. Alderman Bernstein said the Rules Committee has the power to change the jurisdictional issues and make recommendation to the Council_ Mayor Morton said the rules don't even specify who are the members of the Rules Committee. :alderman Newman said 9 members and that refers to the 9 members of the City Council. Mavor Morton said how would anyone know that. She is a member of the Citv Council. She is merely pointing out that there are other problems with the Rules that need to be looked at other than this issue. She also wants to make it clear that everything on the agenda has a person's name behind it as to who made the reference with the: exception of item VI. One would suppose that it came from the Council or the flavor and it did not come from her. Mderman Kent clarified %what has been discusses The (_it-' Council will revitr-v 9.3.1 and 9,9.3, make appropriate rule changes and provisions. look at (city Council meetings, special presentations, hearings and such. A special meeting will be held on March 8 at 5:30. The Call for a Special meeting has been signed by three Aldermen. IV. Reference - Posting of Signs on Election Day: Alderman Newman said he would like to discuss the issue of enforcement of election signs. This item max, need to be assigned to the appropriate standing committee. Sign 3 Dfi:\FT NOT Ar ROBED ordinances come under Planning and Deveolopment. AMerman Nc%%man moves that th:s item be assigned to Planning and Development and to be placed on the Ptann'tng and Development agenda. Alderman Bernstein seconded. Roger asked for darifirttion. is rhs intent to review the language in the ordinance or the enforcement of the existing, ordinance_ Alderman Nee%mean said for enforcement of the a dsting ordinance or perhaps with possible ordinance changes. V. Reference - ChanzinA the number of members on the A&P%V Mr. Crum said Alderman Engelman said he would like to change committees. It has been pointed out that the Council rules show that there should be five members on the Administration and Public Works Committee and four members on the Planning and Development Committee. He understands that it is wrong, it should be five members on Planning and Development and four members on Administration and Public Works. Alderman Ne.+•man moved to maintain five members on Planning and Development_ Alderman Feldman seconded. Alderman Bernstein said since this is Alderman Engelman's reference he would like to hold it until he is present. Alderman Nowman said he thought there was a transcription mistake mate. The Council has been operating with five members on Planning and Development and four members on Administration and Public Works. He would ask that the City Clerk check the minutes to see whether or not a mistake was made. Alderman Ne-wman said if the City Clerk can't find that there was a typographic error. he would like to mos-e along to the Council a simple correction to the rules. Have something on the agenda that we change the correct or printed rules to reflect five members on Planning and Development and four members on Administration and Public Works. Alderman Feldman seconded. Alderman Kent said it is important for Alderman Engelman to be present and let us know why he is seeking the change. Alderman Feldman said he would like a vote on the motion. .-kiderman Kent called for a vote on -Mderman Newman's motion that what is currently in the rules, five members on Planning and Development and four members on Administration and Public, is in fact a mistake. After the City Clerk checks this out the Council will seek to switch it. Alderman Newman said his motion is to one wav or another correct the minutes to Find out through the City Clerk if it is a scrivener's error, and if it is not a error, he has a motion and it has been seconded, that the rules be amended to reflect .without anv doubt five member on P 4D and four on A&PW. Roper said your motion is to forward to the City Council the second part of the motion. Alderman Bernstein said if :t is not a scriverner's error than ..hat you are actually moving for is to ratify this current structure which we've been moving forward on. Motion cariied. One nay VI. Reference - Consider eliminating Council Rule 10.2: Alderman Newman said rule 10.2 reads "While business of the Council is being transacted, no member shall leave the Council meeting without informing the Mayor." He has been told by the Mayor that he is violating the rules and that she is going to call 4 I DRAFT NOT APPROVED him on it. The gist of his motion is that he feels any member of the Council should have the right to leave. He said he does not believe that the Mayor fairly interprets the rules at any of the meetings. He thinks she plays favorites on the rules and he will openly acknowledge not being in that category and he feels as an adult he daesn't want to have another Council meeting where another member tries to admonish him for leaving the Council meeting.. The best gray of dealing with it is to not have the ru".e. The basic way that %ve have operated is members have left at times to go out to talk to a constituent, to go to the bathroom, for whatever reason that then might feel that they have to leave. This rule has not been enforced, ICE'S get rid of it, it is not needed. Mayor Morton said she wants to put this in the proper. accurate perspective. At the last Council meeting, the First ward Alderman read two rules and %vithout tjne cameras rolling on her she %vent up to him and said to him "Since you are interested in the rules why not check rule 10.2." The Alderman said -I'll do it right now," he picked it up, read it and said he knew it was there. She said it had not been abided by. Where upon he said, one of the rules he was trying to call her on, and spoke about future possible embarrassment to the Nlavor. That is what happened. And basically that was the extent of it. She wants to put the record straight so that it will be in the minutes, as to what a tually happened. She then gave her personal opinion on this rule. The Mayor stated that Alderman Newman is correct: he has violated this rule continuously, she didn't call him on it any time or on anybody else. She feels somewhat as Alderman Newman does. It is somewhat a childish rule. However. she does feel strongly about when business is transacted on the Council floor that Council members should stay there and listen. When people are coming before the Council to speak they are coming to speak to the Council and the Council should listen. Alderman Newman also said he wants impartiality in the Chair, a fair administration. The most recent example is at the last meeting the :flavor did not like %,.-hat he was saving about her veto and she interrupted him. He noted she does not interrupt Alderman Drummer or Engelman or`loran. She interrupted him in his opinion. He just wants to make it clear, because she did not like what he was saving. There are countless other examples and the reason he is saying countless is that he wants the minutes to reflect that. Motion carried, Nn nays. VII. Adjournment: The meeting was adjourned at 7:35 p.m. Respectfully submitted. Darlene Francellno 5 w MINUTES OF THE RULES COMMITTEE MONDAY, FEBRUARY 1. 1999 ALDERMANIC LIBRARY 6:30 P.M. Present: Aldermen Steve Bernstein, Dennis Drummer, Stephen EngeLnan, Gene Feldman, Joseph Kent, Edmund Moran, Arthur Newman, Ann Rainey, Melissa Wynne and Mayor Morton Presiding: Alderman Joseph Kent Staff Present. Judith Aiello, Ro� Crum and Darlene Francelino .. 1. Call to Order Alderman Kent called the meeting to order at 6:40 p.m. Aldermen Newman moved that the Agenda items be done in the order that the references were made to the committee. II. Alderman Feldman moved to approve the minutes of December 7, 1998 Alderman Newman seconded. Motion carried. No nays. III. Reference - Starting time for Council Meetings(Rainey): Alderman Rainey stated that most Council members work full-time jobs or other kinds of demanding jobs in addition to the number of hours they commit to the efforts on the Council. The issue is at what point does the Council stop being at their best. Deliberating committee references after 10:00 or 11:00 p.m. is too late to expect really good thinking and clarity. Any discussion or remaining citizen comment could be held to the end. She suggested people either talk faster or combine their comments, knowing that Council would begin deliberating at 10:00 p.m. Alderman Rainey moved that the Consent Agenda begin at 10:00 p.m. Alderman Neti%znan second. Alderman Drummer believes 10:00 p.m. is too late. If Council began at 8:30, the meeting could be done well before 10:00 p.m. The issue may be one of discipline at the committee level. Alderman Rainey responds was the Executive Sessions frequently impose upon the committee meeting times. She felt most people want to speak at citizen comment after an intense committee meeting, and those committee meetings are extremely important. Alderman Drummer noted theme was a time when the Council adhered to the time schedule, and the Couracil meeting started at 9:00 p.m. Alderman Drummer added that the schedule is Faid out: the Council just is not adhering to it. Alderman Rainey noted that citizen comment go on and on. Aldeman Drummer said there is a rule that has a time limit on citizen comment; however, the Council always vote to continue citizen comment. Alderman Feldman stated if this rule prohibits extending citizen continent beyond whatever time we say we are going to star, then he will support it. If the Council is going to start at 10:00 p.m., which is actually too Bate, he is willing to support that. its a Council rule, no member of Council would have the right to extend citizen comment beyond 10:00 p.m.. Also, he did not feel that the problem is in the committees, nor is he saying that is not a problem. Discipline is important, and the Council should try hard to start on time. He would like to get people speaking and done, start the Council very quickly, and adjourn the meeting at 9:30 rather than starting at 10:00 p.m. Alderman Feldman did not recommend altering the rules on the committees. He suggested that people who want to speak have to share in some of the responsibility: they can speak until 11:30 and leave the Council with two and a half or three hours left of business. Mavor Morton agrees with Alderman Rainey about bringing some sense to this. Mayor Morton had data on the number of meetings held, and the starting and ending times. There has been a combination of 31 meetings, adding 23 closed sessions, there have been a total of about 54 meetings from 4128/97 through 12/98. Seventeen sessions that have gone beyond 1 1:00 p.m. It was noted that more and more people are tuning into the Council meetings, but cannot stay up very late to hear all of the discussions. Alderman Newman suggested going on the air at 8:30 p.m. Alderman Moran said if the thrust of the motion is to start the Council meetings at 8:30 p.m., he is in favor. If the thrust is to cut off citizen comment or move citizen comment to the end of the meeting he is against it. Moving citizen comment to the end of the meeting has been continuously ridicule by courts as being an effort on part of the municipal authority to squash the effectiveness of citizen comment. Under the current rules citizen comment can be no longer than 15 minutes unless a motion is made by a member of the City Council. 2 Alderman Rainey called point of order and said she would like to withdraw her motion. She also asked the courtesy of the Alderman who seconded the motion to withdraw his 2nd. Alderman Newman declined to withdraw his 2nd. At this point Alderman Rainey excused herself from the meeting. Alderman Wynne said the sense of the motion is a good idea. She doesn't know if starting at 10:00 p.m. is the best solution. Alderman Wynne feels 10 to 15 minutes is too short for citizen comment. She suggested allowing 30 minutes for citizen comment or have a time keeper. An intern or staff member could serve as the time keeper. With a time keeper the speaker would be given a warning that he/she has 3 or 4 minutes of time left to speak. There are times when issues go much longer, but we will have this rule. She is not one to cut off citizen comment, but feels it is fair to come up with a reasonable set of rules so that we have adequate time for people to come and speak, and if we have a big night everyone knows that they can get an opportunity. If several neighbors are here, who are speaking together, they should consolidate what they have to say. Mayor Morton suggested being the time keeper if the Council will back her. Alderman Wynne suggested that the time keeper should be a neutral time keeper that no one wilt attack. Alderman Wynne also stated that it is not effective government having meetings and people don't have any sense of when their issue will come up, when the meeting will start or end. Alderman Wynne offered to put any of her suggestions in the form of a motion, but wished to discuss it first. Alderman Bernstein said one tremendous difficulty is the Council never arrives on time for scheduled meetings. The Council has to start being true to our own Hiles. Making a rule of starting at 10:00 p.m. may mean we %sill actually start at 10:30 p.m. Alderman Bernstein moved to adjourn this meeting to go to the budget session. Alderman Wynne seconded. 4 t IV. Adiournment: The meeting was adjourned at 7.35 p.m. Respectfully submitted, Darlene Francellno