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HomeMy WebLinkAboutMINUTES-1990-05-21-19901 1 1 CITY COUNCIL May 21, 1990 Standing committees meet pride to the official -regular -meeting. Current members are as follows: Administration Planning &. & Public Works Human Services Development Alderman Juliar Alderman Rainey Alderman Collens Alderman Wold Alderman Paden Alderman Esch Alderman Davis Alderman Drummer Alderman Feldman Alderman Lanyon Alderman Washington Alderman Wollin Alderman Nelson Alderman Korshak Alderman Morton Alderman Brady Alderman Warshaw Alderman Rudy OFFICIAL REGULAR MEETING of the City Council was held on Monday, May 21, 1990, at 9:17 pm. ROLL CALL - PRESENT: Alderman Warshaw Alderman Rudy Alderman Juliar Alderman Paden Alderman Drummer Alderman Davis Alderman Brady Alderman Esch Alderman Korshak A quorum being present. ABSENT: Alderman Nelson Alderman Morton Alderman Washington Alderman Wold Alderman Wollin Alderman Collens Alderman Rainey Alderman Lanyon Alderman Feldman Deputy City Clerk Mary P. Morris announced that, in the absence of Mayor Barr, nominations for the election of a Mayor pro tem were in order and that in accordance with Council Rule 15.7, Alderman Collens is next on the list of Aldermen by seniority who had not served as Mayor pro tem. Alderman Rudy nominated Alderman Collens. Seconded by Alderman Warshaw. Motion carried. PRESIDING: Mayor pro tem Collens At this time Alderman Morton asked that the agenda be rearranged to permit consideration of the Township Budget as the first item, after the bills, in deference to Township Supervisor Summers whose sister is gravely ill. Mayor pro tem Collens responded that it was her understanding that the Township Trustees would not deal with the budget that evening. Mayor pro tem Collens expressed hope and best wishes for the recovery of Supervisory Summer's sister. After confirming with Township Supervisor Summers and Alderman Drummer, Mayor pro tem Collens announced that the Township budget would not be dealt with at this meeting. ANNOUNCEMENTS: City Manager Joel M. Asprooth announced that Monday, May 28 is a city holiday and that garbage schedules will be adjusted accordingly. He also stated that Monday is a parking holiday. -2- May 21, 1990 Alderman Wold reported that at the Administration and Public Works Committee meeting, an error was noted in -the last issue of the city newsletter, Highlights regarding the cost of yard waste bags. She said that it was the Council's intent that the bags cost 80 cents. The article stated that merchants could charge between 80 cents and a dollar per bag. Alderman Wold clarified that citizens are not to be charged more than 80 cents per bag. Mayor pro tem Collens noted that the publicity folder for the yard bags distributed that evening had the correct price and that this correction would be made wherever necessary. CITIZEN COMMENT: Bennett J. Johnson, 708 Washington Street, spoke on the township assistance controversy and indicated hope for an amicable resolution'of the matter in the near future. He noted that one of the problems in any controversy is a clear definition of issues; said this controversy had been described in the following ways: competent versus incompetent; white versus black; the male mentality against the female victim; the powerful against the powerless and right versus wrong. In his opinion, he is standing on the right side and everyone who is against his position is on the wrong side. He said that conventional wisdom is whenever a person has a point of view -- they think they are right -- and everybody else is wrong. He used the following arguments to justify his position: the regulation of the General Assistance and Supervisory functions are set forth by the General Assembly; the General Assembly has the right to establish its control over municipal corporations and in this particular case, the rules and the law are very clear, the Township Supervisor prepares the budget, not the Trustees. Any budget prepared by the Trustees is illegal and wrong. The Trustees have oversight and the right to pass the budget, as well as some oversight over disbursements which he assumes is one of the reasons for the controversy and misunderstanding. He suggested that the impasse that has been reached currently over the Township Supervisor runs against the grain of fairness and democracy that Evanstonians purport to support. He stated that it punishes the staff and most of all punishes the clientele who are the most weak, powerless people in this City. He said that no one wants that to occur. In discussions with the Township supervisor, there has been a lack of respect and courtesy exhibited. The Trustees Committee and the Trustees as a group have not handled the matter with professionalism. He suggested that one of the things that needs to be done is to define the problem as specific things that fall within the purview of the Trustees. A clear understanding from a professional and objective point of view is needed so the matter can be resolved, not continued, not exacerbated. He suggested that if the Trustees can't resolve the matter, that perhaps a citizens group could function as an impartial arbiter or a mediator could be brought in. He said that to let this continue as it is, is only.going to create more animosity and polarization of this City which nobody needs . He suggested that the Township Committee cease from continued harrassment that has been carried on and to reach some way of handling this matter that reduces personal animus. He asked all involved to proceed like citizens of this great City. Paul Arnston, 9236 Central Park, highlighted issues on behalf of the University Christian Ministry. He thanked the Planning and Development Committee for voting not to require the ministry to make an annual payment -in -lieu -of -taxes to the City. He said the ministry asked for a special use permit because they have sold their other property at 1745 Hinman Avenue and moved all operations to 1834 Chicago Avenue. Rather than harming the City, this action benefited the City by putting a refurbished building back on the tax rolls at 1745 Hinman Avenue that may be worth more than a three-quarters of a million dollars. The City also benefits by having two old buildings restored to excellent condition. In the future, the ministry believes the city should work with similar organizations that are property -rich and income -poor to put property back on the tax rolls. Asking the ministry to make a payment -in -lieu -of -taxes seems arbitrary and ad hoc since there is no overall policy that applies to everybody. None of the other campus ministries make this payment. He stated that Chabad House, after a long court battle was taken off the tax rolls in 1986 - yet according to their director and attorney, they were never asked to make a payment -in -lieu -of -taxes, nor are they doing so now. He said that he was told this evening that a not -for -profit organization recently requested a special use permit and has not.been asked initially to make a payment -in -lieu -of -taxes -- so they were wondering why us? He said that taxing those with a $57,000 operating budget who are concerned with the spiritual education and nurturance of students seems like the City is going after the wrong folks. The ministry asked to use their property like all the property around them is being used. He concluded that they were asking for a common use permit and not a special use permit. He said that the only other group interested in this building is the University and they are still interested in it. -3- Hay 21, 1990 Alvin Paden, 1122 Emerson Street, pointed out that on an Evanston water bill stub, there is a charge for water and a charge for recycling of $6.00 -- and if the bill is paid late, the property owner is charged 60 cents late charge on recycling. He believes that this practice is illegal. He thinks the City hides too many things that go on in the City and puts on taxes and doesn't tell constituents. He also displayed a Commonwealth Edison stub saying that he didn't know you could tax a tax which is what the City of Evanston does. He pointed out that on the Commonwealth Edison stub, the state gets a total, then the City comes back and takes their total after. -the state gets their total, which is a tax on a tax which is illegal. He thinks that the City should tell people what they are doing and maybe people could go along'with what the City is trying to accomplish. His suggestion is to let the state collect the tax and get'one total from the state. In other words, raise the tax to 10.15% or so and let the state reimburse the City, because the way it is being done now is illegal. He expressed similar concerns about gas bills. He said he would hate to see a class action suit. Tom Horn, 1316 Maple Avenue, a resident in Evanston for 44 years and a taxpayer for 24 years said he was here as a moderate voice to plead for a reduction in taxes. Said'his tax bill had gone well over $4,000 for property taxes alone. Said he runs a 15 million dollar business in Chicago which has to adhere to a budget. His business cannot spend more than it takes in income or it would go bankrupt. He understood the need for City to collect taxes to pay for services. He asked for a general reduction of the types of services that are paid for and either to put them back on private citizens or on business, but to reduce taxes. He said that people like himself will leave the City if the Council cannot deal with the continual rise in taxes. He said he knew that taxes could be raised by a certain legal limit, but there seems to be no adherence to common sense budgeting and control of costs. He He asked the Council to try to do something for the citizens. Alderman Morton pointed out that there had been a reference made to the Budget Policy Committee on the tax issues Tom Horn had spoken about. Mayor pro tem Collens speaking as Chairman of the Budget Policy Committee invited him to the July 16 special meeting that will deal with budget policy issues for next year's budget. MINUTES• Alderman Paden moved that the minutes of the Regular Meeting of May 7, 1990, as submitted in writing to the members of the City Council, be approved without reading. Seconded by Alderman Brady. Motion carried. No nays. Deputy City Clerk Morris announced receipt of a communication from the Illinois Department of Revenue reporting that the Auto Rental Tax for Evanston for the month of March, 1990, has been reported and collected as follows: Auto Rental Tax Collected $ 1,092.28 Less 1.6% administration fee 17.47 Amount to be remitted $ 1,074.81 -Alderman Korshak referred this communication to the Finance Director. Mayor pro tem Collens announced that there would be a CLOSED SESSION at the end of the meeting to deal with pending litigation, land acquisition and personnel. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Korshak moved Council approval of the Consent Agenda with the following exceptions: Docket 100-4t-90: 30-R-90. Seconded by Alderman Juliar. Roll call. Voting aye - Warshaw, Rudy, Juliar, Paden, Drummer, Davis, Brady, Esch, Korshak, Morton, Washington, Wold, Wollin, Collens, Rainey, Lanyon, Feldman. Voting nay - none. Motion carried. (17-0) -4- May 21, 1990 Bills and Payroll * Approval, as recommended, of City of Evanston bills for the period ending may 2 2, 1990 and City of Evanston bills for the period ending May 14, 1990; for the City of Evanston payroll for the period ending May 6, 1990; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills 23.22 City of Evanston bills $2,692,934.47 City of Evanston payroll 1,151,730.05 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) PURCHASES: * Approval of the proposal from Veto Enterprises for 15 Used Compact Staff Cars at a total cost of $129,000. (Non -Bid Item Requires 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the proposal from 3M Corporation Inc. for a Microfilm Reader -Printer - for Building & Zoning, Housing Rehab & Property Maintenance Departments at a total cost of $6,235. (Non -Bid Item Requires 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the proposal from Lewis Equipment Co. for a Leaf Loader for the Streets Department at a total cost of $24,200. (Non -Bid Item Requires 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 121-SB-90: 1990-01 Combined Curb A Sidewalk Replacement Program - Consideration of the 1990-91 Combined Curb & Sidewalk replacement Program, representing approximately 3,306 lineal feet of curb replacement, 2,098 feet of standard sidewalk in the CDBG Target ARea, and 5,921 feet of curb and 2,943 feet of sidewalk outside the Target Area at a total cost of $230,000. * APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) Alderman Morton noted there was an ommission on the sidewalk replacement on Foster Street. She said that a letter was sent to a tenant in the Sth ward some time ago about this. She wanted it on the record that it be looked into again to see if there has not been an oveceight. City Manager Asprooth said the staff would examine the issue raised and come back at the next meeting with whatever amendment is required. * Docket 122-SB-90: Special Event - Christ Temple Baptist Church - Consideration of a proposal from Christ Temple Baptist Church to hold a Gospel Fest from 12:00 Noon until 6:00 p.m. on Monday, May 28, 1990. This proposal includes a request to close Reba Place from Sherman Avenue to Custer Avenue.* APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) Docket 100-4B-90: Resolution 30-R-90 - Windy City Race - Consideration of proposed Resolution 30-R-90, by which the City Council would assume responsibility for the closure of Sheridan Road for a Rollerblade Race and Foot Race, sponsored by Windy City Sports Magazine on Sunday, July 29, 1990. Alderman Juliar reported that proposed Resolution 30-R-90 passed in Committee with two amendments. The first is a deposit of $2,000 to be made by July 1 to the City to cover City expenses. All necessary Police or Street Department services will be covered by this deposit. The other amendment is that a minimum of $2,000 be contributed to the March of Dimes, the amount that was indicated to be contributed. Alderman Juliar moved Council approval of Resolution 30-R-90 as amended. Seconded by Alderman Wold. Motion carried. !J 1 J� . -5- May 21, 1990 1 1 * Docket 123-5B-90: Resolution 33-R-90 - Maintenance of Streets & Highways - Consideration of proposed Resolution 33-R-90, by which the City Council would appropriate the sum of $500,000 in Motor Fuel Tax Funds under the Illinois Highway Code for the purpose of maintaining City Streets under the jurisdiction of the City from January 1, 1990 to December 31, 1990. * ADOPTED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) * Docket 124-5B-90: Ordinance 43-0-90 - Enhanced 911 Emergencv Services - Consideration of proposed Ordinance 43-0-90, by which the City Council would authorize a Ballot Referendum for the November 6, 1990 General Election which Mould establish collection"of a $.75 surcharge on monthly telephone service billings to be appropriated solely for the purpose of installation, maintenance, and operation of an Enhanced 911 Emergency Response Communications System for the City of Evanston. * MARKED INTRODUCED - CONSENT AGENDA * Docket 125-5B-90: Ordinance 53-0-90 - Sale of 1815-17 Lemar Avenue - Consideration of proposed Ordinance 53-0-90, by which the City Council would authorize the City Manager to enter into a contract for the sale of City -owned property at 1815-17 Lemar Avenue to Manchester Realty Co. for $13,101. * MARKED INTRODUCED - CONSENT AGENDA * Docket 115-5A-90: Ordinance 2-0-90 - Residency Requirement for Parking Enforcement Officers - Consideration of proposed Ordinance 2-0-90,-introduced on May 7, 1990, by which the City Council would eliminate the residency requirement for City of Evanston Parking Enforcement Officers. Ordinance 2-0-90 amends Section 9-1-11 of the Code of the City of Evanston to remove the residency requirement which was originally established when the Parking Enforcement Officer positions were created under the auspices of the Federal government Comprehensive Education and Training Act.* ADOPTED - CONSENT AGENDA - NOTION AND ROLL CALL. (17-0) Docket 86-4A-90: Ordinance 16-0-90 - License Fees for Undertakers - Consideration of proposed Ordinance 16-0-90, introduced on April 11, 1990, by which the City Council would amend Section 3-23-2 of the Code of the City of Evanston to increase the license fee structure for undertakers. Alderman Juliar reported that the Committee voted 6-0 in favor of recommending Ordinance 16-0-90 for approval and moved Council adoption of proposed Ordinance 16-0-90. Seconded by Alderman Wold. Roll call. Voting aye - Warshaw, Rudy, Juliar, Paden, Drummer, Davis, Brady, Esch, Korshak, Morton, Washington, Wold, Wollin, Collens, Rainey, Lanyon, Feldman. Voting nay - none. Motion carried. (17-0) Docket 252-10B-89: Resolution 62-R-89 - Acquisition of 1122 Emerson Street - Consideration of proposed Resolution 62-R-89, by which the City Council would authorize the City Manager to negotiate the purchase of the property_ at 1122 Emerson Street. At the October 23, 1989 meeting, this docket item was held in committee. At the request of two Aldermen at the November 6, 1989 meeting, this docket item was held over to the next meeting. At the November 20. 1989 meeting. this docket item was tabled. * Docket 126-5B-90: Plat of Consolidation - 1000 Central Street - Consideration of a request from American National Bank & Trust Company. for approval of a Plat of Consolidation for property at 1000 Central Street. The consolidation is requested by the applicant to permit construction of a medical office/retail building. The Plat of Consolidation is in proper form, and final approval is recommended. APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) Alderman Rudy noted that Docket 126-5B-90 which was introduced on the Consent Agenda is actually,being handled by the Administration & Public Works Committee. / 0?�3 -6- May 21, 1990 * Docket 127-5B-90: Plat of Consolidation - 1805-09 Lemar Avenue - Consideration of a request from Roger Parris for approval of a Plat of Resubdivision for the property at 1805-09 Lemar Avenue. The resubdivision is requested by the applicant to permit construction of two single-family dwellings. The Plat of Resubdivision is in proper form and final approval is recommended. * APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) * Docket 117-SA-90: Ordinance 112-0-89 - Art in the Construction of Public Buildings - Consideration of proposed Ordinance 112-0-89, by which the City Council would authorize the allocation of certain funds for art in the construction k public buildings and proposed guidelines for administering the Public Art Program. This docket item was held in Committee. * Docket 128-5B-90: Ordinance 45-0-90 - ZBA 89-49-PD(R) - Planned Development for 826 Ridge Avenue and 1107 Washington Street - Consideration of the Zoning Board of Appeals' recommendation that the City Council grant the application of The Children's Home & Aid Society of Illinois for a planned development to permit demolition and redevelopment of the child care facilities at 826 Ridge Avenue, and conversion and development of the property at 1107 Washington Street for child care institution use. The property is zoned R6 and R3 Residence District. * MARKED INTRODUCED - CONSENT AGENDA * Docket 129-5B-90: Ordinance 50-0-90 - Alley Vacation re 826 Ridge and 1107 Washington - Consideration of proposed Ordinance 50-0-90, by which the City Council would vacate the alley located west of 826 Ridge Avenue, east of the property commonly known as 1107 Washington Street, north of Washington Street, and south of the east/west alley between Washington and Main Streets. * MARKED INTRODUCED - CONSENT AGENDA * Docket'130-5B-90: Ordinance 51-0-90 - ZBA 90-4-SU(R) - Special Use for 1029-35 Davis Street - Consideration of -the Zoning Board of Appeals' recommendation that the City Council grant the application of George Radios, Sam Radios, and Harry Radios, as beneficiaries under the American National Bank A Trust Company of Chicago Trust #10503-09 (owners), and Evanston Franksville, Inc., (lessee), for a special use to permit establishment of a Type 2 restaurant, without a drive-in facility, on the property at 1029-35 Davis Street. * MARKED INTRODUCED - CONSENT AGENDA Docket 21-lB-90: Ordinance 8-0-90 - ZBA 89-11-SU(R) - Special Use for 640 Pitner Avenue - Consideration of the Zoning Board of Appeals' recommendation that the City Council grant the application of William Gurtz for a special use to permit retention of a building addition on premises classified as a junk yard on the property at 640 Pitner Avenue. The property is zoned M4 Manufacturing District. Alderman Rudy said proposed Ordinance 8-0-90 has been held in Committee due to a request for more information from staff. Docket 52-3A-90: Ordinance 17-0-90 - ZBA 89-47-SU(R) - Special Use for 1834 Chicago Avenue - Consideration of proposed Ordinance 17-0-90, introduced on May 7, 1990, by which the City Council, in accordance with the Zoning Board of Appeals' recommendation, would grant the application of The Northern Illinois Conference of the United Methodist Church, Inc., (owner) and the University Christian Ministry for a special use to permit conversion of a single-family dwelling into an institutional headquarters for a religious, not -for -profit organization on the property at 1834 Chicago Avenue. The property is zoned U2 University District. In -7- May 21, 1990 P- Alderman Rudy stated that he would not participate in the discussion, nor vote on proposed Ordinance 17-0-90 because the property is owned by the Northern Illinois Conference of the United Methodist Church and his wife is the lay leader of that group. On behalf of the Committee Alderman Rudy, moved Council adoption of proposed Ordinance 17-0-90. Seconded by Alderman Brady. Discussion: Alderman Rainey asked for the Committee discussion of this evening in regard to payment -in -lieu -of -taxes. Alderman Rudy responded that there was no discussion - that discussion occurred at the last meeting and is in the minutes of that meeting. He stated that the motion is to grant a special use for this property to be used as an institutional headquarters for a religious non -for -profit organization and the Committee did not recommend payment -in -lieu -of -taxes. Alderman Warshaw said she regarded this as a missed opportunity, but that due to problems with its original handling, she was hesitantly in favor of the special use without payment -in -lieu -of -taxes. She said she hoped the City develops a policy quickly and didn't want to see this happen routinely. Alderman Korshak said that despite the fact that the application had no advance notice that a condition would be added in the Planning & Development Committee proposing a required payment -in -lieu -of -taxes, it was his feeling that with all not -for -profits seeking a special concession from the City - this became the only opportunity the City had to secure a fair share payment from such organizations. He said that Alderman Brady made a strong case for the fact that the City does not have a formal policy. Since that time, the City has been studying some criteria for that policy. He concluded that it appears that if he were to maintain his position, he would be urging a result not consistent with what the Council has done previously. Roll call. Voting aye - Warshaw, Juliar, Paden, Drummer, Davis, Brady, Esch, Korshak, Morton, Washington, Wold, Wollin, Collens, Rainey, Lanyon, Feldman. Abstaining - Rudy. Voting nay - none. Motion carried. (16-0) * Docket 53-3A-90: Ordinance 18-0-90 - Amending Noises Prohibited - Consideration of proposed Ordinance 18-0-90, by which the City Council would amend Section 9-5-23(C) of the Code of the City of Evanston to extend the hours of construction and repairing of buildings from the existing permitted hours of 7:00 am to 9:00 pm on weekdays to include Saturdays from 8:00 am to 5:00 pm. This docket item was held in committee. HUMAN SERVICES COMMITTEE: Alderman Davis reported that the Human Services Forum held on child care last Monday was well attended. The lively and thorough discussion educated those who attended about child care in Evanston. The review will be continued and some proposals should result. Mayor pro tem Collens announced that there would be a special meeting of the Budget Policy Committee for taking public comment on the proposed tuition tax on May 31. She indicated that the proposed ordinance will be available in the City Clerk's office. She also announced a regular meeting of the Budget Policy Committee on June 20 when the Committee will finish work on payment -in -lieu -of -taxes policy. She invited everyone to attend the July 16 special meeting of the Committee to discuss priorities and process and to review the projections as is done annually. She remarked that the Committee is beginning consideration of issues well in advance of budget preparation by staff. OTHER COMMITTEES: * Docket 131-5B-90: 1989-90 CDBG Program Grantee Performance Resort Consideration of a recommendation that the City Council authorize the City Manager to submit the 1989-90 CDBG Program Grantee Performance Report to the U.S. Department of Housing & Urban Development.* APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) * Docket 132-SB-90: Main Library Proiect - Phased Construction - Consideration of a recommendation that the new Library be built under a phased construction technique so as to retain Library services on the present site during construction. * APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) gas -8- Kay 21, 1990 * Docket 133-5B-90: Township Payment for Teen Baby Nursery - Consideration of a recommendation that the City Council approve a payment of $9,262.83 in Township Funds to the Infant Welfare Society for April 1990 services at the Teen Baby Nursery. = APPROVED - CONSENT AGENDA - MOTION AND ROLL CALL. (17-0) Docket 78-3B-90: Ordinance 46-0-90 - Proposed Township 1990-91 Budget - Consideration of Ordinance 46-0-90, introduced March 26, 1990, the Proposed Budget for the Town of the City of Evanston for the fiscal year 1990-91. A Public Hearing on this budget was held on April 11, 1990 and it is still being considered by the Township Committee. City Manager Asprooth announced that Dick Carter, Director of the Planning Department and long-term employee, will leave City government next month. He wished him well in his retirement and thanked him for all that he has done for the city. Mayor pro tern Collens asked for confirmation of Jerold Graff, 1038 Asbury Avenue, for reappointment to the Police Pension Board, term to expire May 15, 1992. Alderman Feldman moved council approval of this appointment. Seconded by Alderman Drummer. Motion carried. No nays. Mayor pro tea Collens asked for confirmation of Scott Peters, 911 Crain Street, for reappointment to the Zoning Board of Appeals, term to expire May 15, 1995. Alderman Juliar moved council approval of this appointment. Seconded by Alderman Warshaw. Motion carried. No nays. Mayor pro tem Collens introduced the name of Susan Tash, 2878 Sheridan Place, for appointment to the Cable Communications Commission. Mayor pro tem Collens introduced the name of Stephanie Gregory, 147 Dempster St. for appointment to the Zoning Amendment Committee. Alderman Wollin moved to suspend the rules in order to confirm the appointment of Dr. Stephanie Gregory, since the Council would not meet for three weeks and the Zoning Amendment Committee has work to do before that time. Seconded by Alderman Drummer. Motion carried. No nays. Alderman Wold moved that Council confirm the appointment of Stephanie Gregory to the Zoning Amendment Commitee, term to expire November 28, 1994. Seconded by Alderman Lanyon. Motion carried. No nays. Alderman Rainey announced that on Tuesday, May 20 at 6:30 pm there would be an Army Corps of Engineers Hearing on the #404 permit that S.W.A.N.C.C. requires to commence construction on its balefill. She reminded everyone that at the last Council meeting she had invited citizens and members of the Council to attend. She said that it is critical that Evanston have a large showing from the City there. She said she had invited citizen groups to attend, especially those groups who are protesting the tax bills they received, but had not heard from one of the citizen groups. When the meeting was over, she would be available with a sign-up sheet for the hearing for those who wished to attend. She related that recently graffiti was sprayed on residents' garage doors on Mulford east of Ridge. All of those who were blanketed with graffiti had completely eliminated all graffiti on their garage doors within two weeks. She congratulated them as exemplary citizens in handling this aggravating problem. She announced that tomorrow, May 22 there would be a Yard Waste Program at Dawes school for the south end of town. m1 - -9- May 21, 1990 ` b Alderman Korshak announced that on May 31 a public hearing on the proposed tuition tax will be held. He said that most current students were not here when this matter was first raised a decade ago and that the City can anticipate that students will appear to object to the tax, considering that they are the ones being asked to pay it. He said that citizens are on notice that one of the reasons their taxes are higher, according to former Township Assessor Ward Hersted, is that approximately 25% of the tax bill is attributable to the fact that Northwestern University and others were not paying any taxes. Alderman Korshak addressed the speaker who had a business in Chicago. He said that the only restraint that exists with respect to a City Council operating under home rule, which is the situation in Evanston, is whatever self-restraint the Council chooses to exercize. In theory, there is no limit to the City's taxing power. He said that the Council -has received many suggestions that say -- just reduce taxes. There isn't a person on the City Council that wouldn't give almost anything if someone would tell them an easy way of accomplishing that which is so easily asked for. It is not enough to tell the Council to do something, and offer no suggestions at all after the Council has wrestled with this thing for all the time he has served on the Council (for him he is entering his 12th year). He could not recall anyone being pleased at the necessity of raising taxes to meet the services required by Evanston citizens. Alderman Paden requested a report on property at 1952 Emerson Street where the landlord (Fisher) says that she is being inspected every two months or so by two inspectors. She said that each time they come, more violations are added and that the inspectors have gone to her place of employment causing her embarrassment. She asked that the report state the reasons why these things are happening and what can Inspectors can and cannot do. She said this has been going on for two years. Alderman Paden requested a legal opinion on Alvin Paden's presentation earlier about tax on a tax. She asked if the City is operating legally or illegally as to taxes on gas, water and electric bills. Alderman Paden said she had been told that Alderman Morton's daughter works for the Research Park and lives with her; requested that the Ethics Committee take the matter up to see if there is a conflict of interest. Alderman Paden said she had asked for a report on property at 1505 Lake Street and received it. The persons involved have called and said that one of the exits is boarded up. She asked for a report on the this situation: can an exit be boarded up and left for a year because the stairs are -broken? Alderman Drummer made a reference to the Police Services Committee regarding the Dangerous Dog Ordinance. He asked that they reconsider the number of dogs permitted per household and to please consider the distance of any dog run from the property line. Alderman Morton said in reference to her daughter that she would make sure the facts were straight before the Committee begins any action. Alderman Morton expressed shock that the City Manager's evaluation got into the hands of the press. She said that she had no idea of who gave it to the Evanston Review, but that she had written her comments about the City Manager with the . understanding, as with all personnel matters with anybody, anyplace -- that those writings are confidential. She was appalled that someone would send to the press confidential statements about the performance of the City Manager. She wanted everyone to know that she was sorry that it had happened, and she wished she knew who did it. That whoever did it, did not have the right to do it, and that it portends something that is sinister. CITIZEN COMMENT: Margarita Matlis, 625 Kilburn Street, said that there is still time to abate taxes -,June 1. She requested a tax abatement by the Council. Suggested that City Council meetings be announced in Highlights, the City newsletter. She said she had not seen dates publicized for the hearings on the Southwest Tax Increment Financing District which will be held on June 11. Mr. Arnove, 1116 Hull Terrace, said he has been a resident for 37 years on the same street. Said property assesments seem to be radical -- range from 50% to 89% in his area which represents taxation without proper evaluation. Suggested that there must be a better method of property evaluation. -10- May 21, 1990 Linda Buch, 1112 Hull Terrace, seconded statements made by Margarita Matlis. Said she realized the focus has changed to neat year's budget policy. She took issue with Alderman Korshak who said there have been no specific suggestions made on reducing expenditures. She has been here for the last several months and suggestions have been made. She said that just because you have a budget policy that sets a cap, does not mean you have to go to the cap. She said that we continue to pay state income taxes which go to general assistance which Evanston does not collect -- and that again, comes out of our property taxes. She said that questions have been raised that have not been properly answered. For example, why does Evanston have 40% more employees than similar cities. She said that she had requested a comparison of the number of City Employees in Evanston to other cities of comparable size, but had never heard the City's response. This -represents a large chunk of citizens taxes. She indicated that questions have been asked about large ticket items. But at this late dat6 to forget the specifics. Since it is the last week before the City turns in the levy -- to put an across the board cap on it. Mayor pro tem Collens asked that copies of documents explaining the employment comparisons of Evanston to comparable cities be sent to Ms. Buch. Alderman Korshak said that since reference had been made to abatement of taxes, would the City Manager explain under what circumstances an abatement of taxes would be a sensible and reasonable procedure for a legislative body to undertake. City Manager Asprooth said that the City abates taxes every year and will do so this year in accordance with the statutes and City Council Ordinances. Those abatements will be filed prior to the end of the calendar year. The City abates taxes based on the schedule for debt service adopted by this City council and previous Councils related to various bond issues. He said that the City abates General Obligation Debt Service Levies that are established in bond ordinances, but for which alternate revenues are available such as Enterprise Fund Revenue sources; the Motor Fuel Tax; special assessment payments and other sources. He indicated that in his ten years with the City, never has a year passed that the City has not abated, because the Council adopts various levies based upon the assumption the City will abate. Abating operating levies is a different story. He said that if the City is going to abate operating levies, the City has to have either a, replacement source of revenue or identifiable reduction in expenditures in any given budget. Even then the City is making a projection into the coming year. The City cannot abate any tax levy without an identifiable source of revenue to replace the amount abated or an identified expenditure reduction to offset the amount abated. The exception to that is the City's practice, which is typical, particularly of home rule municipalities, to abate debt service levies using other non -property tax revenues available. Alderman Rainey requested that the City Manager make available the memo Bob Shonk prepared on debt service abatement at the next meeting . There being no further business, Mayor pro tem Collens asked for a motion to adjourn. Alderman Lanyon moved that Council go into CLOSED SESSION. Seconded by Alderman Feldman. Roll Call. Voting aye - Warshaw, Rudy, Juliar, Drummer, Davis, Brady, Esch, Korshak, Morton, Washington, Wold, Wollin, Collens, Rainey, Lanyon, Feldman. Voting nay - Paden. Motion carried. (16-0) The Council so recessed at 10:20 pm and adjourned from CLOSED SESSION at 1:00 am. MARY P. MORRIS DEPUTY CITY CLERK