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Home My WebLink AboutMINUTES-1990-10-08-1990H L 1 CITY COUNCIL October 8, 1990 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration & Public Works Alderman Collens Alderman Wold Alderman Paden Alderman Esch Alderman Rainey Alderman Juliar Human Services Alderman Feldman Alderman Lanyon Alderman Washington Alderman Wollin Alderman Drummer Alderman Davis Planning & Development Alderman Morton Alderman Brady Alderman Warshaw Alderman Rudy Alderman Korshak Alderman Nelson The OFFICIAL REGULAR MEETING of the City Council was held on Monday, October 8, 1990, at 9:16 pm. ROLL CALL - PRESENT: Alderman Warshaw Alderman Rudy Alderman Juliar Alderman Paden Alderman Drummer Alderman Davis A quorum being present. Alderman Brady Alderman Wold Alderman Wollin Alderman Collens Alderman Rainey Alderman Lanyon ABSENT: Aldermen Esch, Korshak, Morton, Washington, Nelson, Feldman PRESIDING: MAYORAL ANNOUNCEMENTS: Mayor Joan W. Barr Mayor Barr announced that Halloween would be celebrated on Wednesday, October 31, with trick -or -treat hours between 4:00 P.M. and 8:00 P.H. CITIZEN COMMENT: Cameron Ellis, 1239 Leon Place, called Council's attention to the adoption,of the BOCA Basic Building Code; spoke against the amendment that allows Saturday hours for construction between 8:00 A.M. and 5:00 P.M.; said that Chicago and five neighboring suburbs do not allow Saturday construction; pointed out that ordinary homeowner repairs and painting are not prohibited on week -ends by the BOCA 1990 Building Code; expressed concern that construction would be allowed on Saturday without regard to the type, size or location of that construction or what disruptions it might cause to week -end activities of Evanston residents and businesses; pointed out that the Building Department Inspectors don't work on Saturday, so there would be no one available to see that construction went according to Code; suggested that ordinances should set standards, not reflect current practice; said that if an emergency situation required it, a temporary construction permit could be issued. �f 0 -2- October 8, 1990 MINUTES: Alderman Lanyon moved that the minutes of the Regular Meeting of September 24, 1990, as submitted in writing to the members of the City Council, be approved without reading. Seconded by Alderman Warshaw. Alderman Rudy regested that the notation on page ten of the minutes on docket items concerned with adoption of the BOCA Codes be changed from "This item was held in Committee" to "This item was held for 30-days for citizen comment." With this change, motion carried, no nays. COMMUNICATIONS: City Clerk Kirsten F. Davis announced that she had received another letter regarding the tuition tax and two letters protesting the use of animals for research at Northwestern University. Mayor Barr referredthe tuition tax letter to the Budget Policy Committee and the animal research letters to the Police Services Committee. City Clerk Davis announced that In -Person Absentee Voting would be delayed due to a court case that was holding up the printing of the ballots.. She urged anyone who would be traveling on election day to call the City Clerk's Office to find out the status of the In -Person Absentee Ballots. In response to a question from Alderman Drummer, she announced that Voter's Registration for the November_ 6 election would close on Tuesday, October 9, 1990. Mayor Barr 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 Juliar moved Council approval of the Consent Agenda with the following exceptions: Docket 184-7B-90: Ordinance 75-0-90; Docket 186-7B-90: Ordinance 77-0-90; Docket 188-7B-90: Ordinance 79-0-90 and Docket 268-10A-90: Ordinance 116-0-90. Seconded by Alderman Brady. Roll call. Voting aye - Warshaw, Rudy, Juliar, Paden, Drummer, Davis, Brady, Wold, Wollin, Collens, Rainey, Lanyon. Voting nay - none. Notion carried. (12-0) Docket 260-10A-90: Ordinance 114-0-90 - ZBA 90-26-SU(R) - Special Use for 1939 Central Street - Consideration of the Zoning Board of Appeals' recommendation that the City Council grant the application of George Holly and'Michael Holly, as beneficiaries under the First Illinois Bank of Wilmette Trust #TWB 0683, and Alex Glukhovsky and Alina Glukhovsky (franchisee) for a special use to permit establishment of a Type 2 restaurant on the property at 1939 Central Street. The property is zoned B2 Business District. Alderman Rudy reported that Council will receive a revised ordinance at the next meeting with the addition of item ten dealing with fences: Docket 256-9B-90: Ordinance 115-0-90 - ZAC 90-2 - Zoning Amendments re Doctors' Offices in Local Hospitals - Consideration of proposed Ordinance 83-0-90, by which the City Council, in accordance with the recommendation of the Zoning Amendment Committee, would amend the text of she Zoning Ordinance to add a definition of hospital -Based Specialists. add Hospital -Based Specialists to the list of permitted uses, and establish the number of Hospital -Based Specialists permitted in local hospitals.* ADOPTED - CONSENT AGENDA NOTION AND ROLL CALL.. (12-0) =Docket 257-9B-90: Ordinance 111-0-90 - ZAC 90-1, Evanston Hospital Petition for Text Amendment - Consideration of the Zoning Amendment Committee's recommendation that the City Council grant the petition of Evanston Hospital to incorporate amendments into the text of the Zoning Ordinance.* ADOPTED - CONSENT AGENDA NOTION AND ROLL CALL. (12-0) -3- �q October 8, 1990 Docket 258-9B-90: ZBA 90-8V(R) - Variations for 2962-66 Central Street - Consideration of an application by the Mobil Oil Corporation for variations from the accessory structure height and non -conforming building structure and use regulations of the Zoning Ordinance to permit construction of two canopies, installation of new gas pumps, expansion of the size of two existing pump islands, installation of a new pump island, and construction of a storage shed and trash enclosure. There is no recommendation in this case because four concurring votes could not be obtained since a vacancy exists on the Board and the newest Board member was seated after the case began hearing, thereby making him ineligible to participate in this case. The property is zoned B1 Business District. This docket item was held in committee.' * Docket 181-7B-90: Ordinance 68-0-90 - Adoption of the 1990 B.O.C.A. Property Maintenance Code - Consideration of proposed Ordinance 68-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1990 Building Officials and Code Administrators Property Maintenance Code. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) * Docket 183-7B-90: Ordinance 72-0-90 - Adoption of the 1990 National Fire Prevention Code - Consideration of proposed Ordinance 72-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1990 Building Officials and Code Administrators National Fire Prevention Code. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Docket 184-7B-90: Ordinance 75-0-90 - Adoption of the 1989 One and Two -Family Dwelling Code - Consideration of proposed Ordinance 75-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1989 Council of American Building Officials One and Two -Family Dwelling Code. Alderman Rudy moved Council adoption of proposed Ordinance 75-0-90. Seconded by Alderman Warshaw. Discussion among Alderman Rainey, City Manager Asprooth and Alderman Brady concerning the following: provisions should be made to create an exemption from inspections for two-family units that are owner -occupied with a tenant who is a relative; suggesting that the inspection provision is in the Property Maintenance Code; pointing out that there are difficulties in identifying those properties which are owner -occupied; suggesting that the Ordinance be referred back to the Planning and Development Committee for further amendment; this may be more complex that it appears to be on the surface; employers have no difficulty identifying what constitutes "family" for funeral leave. Roll Call. Voting aye - Warshaw, Rudy, Julian, Drummer, Davis, Brady, Wold, Wollin, Collens, Rainey, Lanyon. Voting nay - Paden. Motion carried. (11-1) * Docket 185-7B-90: Ordinance 76-0-90 - Adoption of the 1990 B.O.C.A. National Mechanical Code - Consideration of proposed Ordinance 76-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1990 Building Officials and Code Administrators National Mechanical Code. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Docket 186-7B-90: Ordinance 77-0-90 - Adoption of the 1990 B.O.C.A. National Building Code - Consideration of proposed Ordinance 77-0-90, introduced on Augual. 27, 1990, by which the City Council would adopt the 1990 Building Officials and Code Administrators National Building Code. Alderman Rudy moved Council adoption of proposed Ordinance 77-0-90. Seconded by Alderman Brady. Alderman Rainey requested that this ordinance be held over. Seconded by Alderman Drummer. At the request of two Aldermen, this docket will be held over. AO aa� -4- October 8, 1990 Docket 188-7B-90: Ordinance 79-0-90 - Adoption of the 1990 B.O.C.A. National Electrical Code - Consideration of proposed Ordinance 79-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1990 Building.Officials and Code Administrators National Electrical Code. This item was held in Committee. Alderman Rudy reported that a clean copy of the ordinance will be available at the next meeting which deleted three articles of the National Electric Code pertaining to non-metallic cable, non-metallic tubing and service entrance cable, as recommended by the Electrical Commission. Docket*189-7B-90: Ordinance 80-0-90 - Adoption of the 1990 B.O.C.A. National Plumbing Code - Consideration of proposed Ordinance 80-0-90, introduced on August 27, 1990, by which the City Council would adopt the 1990 Building Officials and Code Administrators National Plumbing Code. = ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) 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 of public buildings and proposed guidelines for administering the Public Art Program. This docket item was held in committee. Bills and Payroll Approval, as recommended, of City of Evanston bills for the period ending October 3, 1990; for the City of Evanston payroll for the period ending September 23, 1990; for City Council payroll for the month of September 1990; and that their payment be authorized and charged to the proper accounts,'summarized as follows: City of Evanston bills $2,554,016.40 City of Evanston payroll 1,139,763.12 City Council payroll 5,400.00 APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) 'PURCHASES Approval of the proposal from Environmental Risk Consultants to cover additional work associated with removal of an underground tank at Fire Station.#3 on Central Street for a cost of $6,100 bringing the total cost of the contract to $29,700e APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (124) Approval of the low bid from Advance Mechanical Contractors, Inc. for Water Plant. Improvements at a total cost of $1,374,000. BID SUMMARY: Bidder Total Cost Advance Mechanical Contractors $ 1,374,000. Racine, WI Keno & Sons Construction 1,45E,000. Highland Park, IL Indiana Construction Corp. 1,574,000. Fort Wayne, IN Great Lakes Plumbing & Heating 1,621,000. Chicago, IL Kovilic Construction Co. 1,643,867. Chicago, IL Independent Mechanical Industries 1,807,625 Chicago, IL Advance Mechanical Systems, Inc. 1,902,900. Elk Grove Village, IL Hanley Mechanical, Inc. 1,986,000. Chicago, IL APPROVED - GON$E,N;r QGEN,DA MOTJ,Q,N ANp ROI T, Q�� ( 2-0) -5- October 8, 1990 * Approval of the low bid from Turf Care Landscaping for Lawson Park Redevelopment for a total cost of $20,002.50. BID SUMMARY: Bidder Turf Care Landscaping Evanston, IL Base Bid Alternates Total Cost $15,804.50 $4,198.00 $20,002.50 R. F. Idriss Landscaping 15,029.25 7,015.64 22,044.89 Evanston, IL Pedersen Construction 16,262.00 7,307.50 23,569.50 Deerfield, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL,. (12-0) * Approval of the purchase of Fall Plant Material from each of the three nurseries listed below in the amounts specified. Bidder Total Cost Shemin Nursery $ 32,881.50 Addison, IL Berthold Nursery 5,697.00 Elk Grove Village, IL Klehm Nursery 2,655.35 South Barrington, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL,. (12-0) * Approval of the proposal from Infracon Infrastructure Management Consultants, Inc., for MicroPaver Reinspection Program at a total cost of $8,900. (Non -Bid Item, Requires 2/3 Majority vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL.. (12-0) * Docket 261-IOA-90: Northwest Municipal Conference Franchise Research Project - Consideration of a recommendation that the City council authorize the continued participation of the City in the Northwest Municipal Conference Franchise Research Project at a cost of $7,732.01. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Alderman Collens reported that the Energy Alternatives Task Force will be studying the Northwest Municipal Conference Program and comparing it to Evanstons. Before any contract is written and a detailed work plan is agreed upon with our consultants, the two programs will be reviewed side by side, so that we can maximize the amount of information we have available, and minimize any duplication of effort. * Docket 262-IOA-90: ETHS Homecoming Parade Permit. - Consideration of a recommendation that the City Council approve the request of Evanston Township High School to hold their Homecoming Parade on various streets near the High School.* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Alderman Collens reported that the committee has asked staff to inform the high school that this is the last year the city will automatically waive fees for this permit and hope that they will join Northwestern University in paying for the Traffic Engineering and Police Department work that is done for this parade. She said that Northwestern University is billed for everything related to their parade. * Docket 263-10A-90: Resolution 57-R-90 - MFT Pavement Evaluation Study Consideration of proposed Resolution 57-R-90, by which the City Council would authorize the use of Motor Fuel Tax Funds in the amount of $8,900 to finance the reinspection and pavement evaluation of the 137 miles of City streets.* ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL.,(12-0) * Docket 264-IOA-90: Resolution 58-R-90 - Closure of Sheridan Road for Northwestern Homecoming Parade - Consideration of proposed Resolution 58-R-90, by which the City Council would accept liability for the closure. of Sheridan Road for the Northwestern University Homecoming Parade to be held on October 19, 1990.* ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL., (12-0) -6- October 8, 1990 Docket 265-10A-90: Resolution 59-R-90 - Reserved Parking for Wheelchair -Bound - 751 Sherman - Consideration of proposed Resolution 59-R-90, by which the City Council would authorize the City Manager to establish a reserved space for the wheelchair -bound at.751 Sherman Avenue and issue a permit for the space to Mrs. Chad Pace. ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL.,(12-0) Docket 266-10A-90: Resolution 60-R-90 - Lease of Parking Lot #27-Oak _ Street Market - Consideration of proposed Resolution 60-R-90, by which the City Council would authorize the lease of twelve parking spaces in Parking Lot #27 to the Oak Street Market.*' ADOPTED - CONSENT AGENDA MOTI AND ROLL CALL. (12-0) Docket 267-10A-90: Resolution 61-R-90 - Lease of Parking Lot #27-Post Office - Consideration of proposed Resolution 61-R-90, by which the City Council would authorize the lease of twenty-four parking spaces in Parking Lot #27 to the U.S. Post Of_fice.w ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Docket 268-10A-90: Ordinance 116-0-90 - Traffic Signal - Oak/Emerson - Consideration of proposed Ordinance 116-0-90, by which the City Council would amend Section 10-11-5, Schedule V(G), of the Code of the City of Evanston to add a traffic signal at the intersection of Oak Avenue and Emerson Street. Alderman Collens reported that the docket item is being held in committee to allow 2nd and Sth Ward Aldermen and staff,to meet with the community. Docket 245-9A-90: Ordinance 105-0-90 - Class L Liquor Licenses -Theaters - Consideration of proposed Ordinance 105-0-90, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to add a new Section (L), authorizing the sale of beer and wine for consumption on the premises where served, limited to patrons of theater presenting live stage performances. Alderman Collens moved Council adoption of proposed Ordinance 105-0-90. Seconded by Alderman Warshaw. Discussion: Alderman Rudy announced he would vote against it. He said that as long as we continue to not realize that what we do affects what our young people do, we can never expect to win the battle against drugs. This is an accepted drug of our society leaders and as long as we continue to do this, there is little hope of making headway against cocaine and other drugs. Roll call. Voting aye - Warshaw, Juliar, Paden, Drummer, Davis, Brady, Wold, Wollin, Collens, Rainey; Lanyon. Voting nay - Rudy. Motion carried. (11-1) Docket 252-9B-90: Ordinance 112-0-90 - Class M Liquor Licenses -Theaters - Consideration of proposed Ordinance 112-0-90, by which the City Council would amend Section 3-5-6 of the Code.of the City of Evanston to add a new Section (M), authorizing the sale of alcoholic liquors for consumption on the premises where served, limited to patrons of a theater presenting live stage performances. Alderman Collens moved Council adoption of proposed Ordinance 112-0-90. Seconded by Alderman Warshaw. Roll call. Voting aye - Warshaw, Juliar, Paden, Drummer, Davis, Brady, Wold, Wollin, Collens, Rainey, Lanyon. Voting nay Rudy. Motion carried. (11-1) Docket 253-9B-90:• Ordinance 113-0-90 - Loading Zone - Mulford/Dodge - Consideration of proposed Ordinance 113-0-90, by which the City Counci would amend Section 10-11-7 of the Code of the City, of Evanston to designate loading zones at the Jewish Reconstcuctionist Congregation at 303 Dodge Avenue.** ADOPTED CONSENT AGENDA MOTION AND ROLL CALL.,(12-0), 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 Emecson 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. -7- October 8, 1990 1 OMLSOMMITTEES : Docket 269-10A-90: Resolution 62-R-90 - Election of Cook County Board by Single Member Districts - Consideration of proposed Resolution 62-R-90, by which the City Council would indicate its support of the referendum to approve single member districts for the Cook County Board, which has been placed on the November 6, 1990 ballot. Alderman Davis, Chair of the Rules Committee, reported that the committee had voted 2-2 on recommending this resolution. She also reported that various issues had been discussed relative to this resolution. People voting against it were not necessarily against the substance of the resolution, but concerned about the precedent of the Council taking a stand on a county -wide referendum. The people supporting thought it appropriate for the Council to take a position on this issue because it would give Evanston better representation and was closely related to the work of the Council. Alderman Warshaw moved Council adoption of proposed Resolution 62-R-90. Seconded by Alderman Rainey. -Alderman Warshaw said she proposed this resolution because it was a good government proposal. She said that currently no one knows who their representative is on the County Board and that citizens don't know who to talk to to plead the case for fiscal responsibility. The new County Board would draw the districts, based on the 1990 census. She said that she didn't feel that this had any partisan bias, because there might be areas in Chicago where a republican can be elected and areas in the suburbs where a democrat can be elected. It is a way to assure accountable representation. Alderman Wold said that if she felt single member districts would help citizens to know who their elected officials are, she would be in favor of this. However, Evanston is a single member district and few people know who their Aldermen are. She said it is one more effort to combine the City and Evanston. She expressed her opposition to having a County Board district that is part suburban and part Chicago and would not support the resolution. Vote on the Resolution. Motion carried. * Docket 270-10A-90: Approval of Township Bills for September 1990 - Consideration of a recommendation that the City Council approve payment of Township bills for the month of September, 1990 in the amount of $92,765.81.* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) * Docket 271-IOA-90: Approval of Annual Township Audit - Consideration of a recommendation that the City Council engage the firm of Friedman, Eisenstein, Raemer & Schwartz to conduct a financial audit of Evanston Township for the fiscal year ending March 31, 1990.* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (12-0) Alderman Collens announced that the Budget Policy Public Hearing on budget priorities at 7:45 P.M. Chamber. She also called Council's attention to which she had distributed. committee would be conducting a on October 17 in the City Council the article from the Boston Globe Mayor Barr asked for confirmation of the reappointment of J. Robert Barr, 1144 Asbury Avenue, to the Civil Service Commission, term to expire September 1, 1993. Alderman Juliar moved confirmation of this appointment. Seconded by Alderman Drummer. Motion carried. Mayor Barr introduced the names of Barry Isaacson, 3428 Pack Place, and Stacy aochacki, 229 Main Street, for reappointment to the Commission on Aging. Mayor Barr introduced the name of Cindy Levitt, 2527 Lawndale Ave., for appointment to the Human Relations Commission. Alde.cman Paden said that she had asked for a cepoct about four to six weeks ago about the employees who are taking advantage of the drug abuse program . She had also asked where the money came from to support this program.' She reported that she had heard complaints that some people get help and attention and others do not. She asked whether this was part of the Employee Assistance Program. October 8, 1990 Alderman Paden reported she had received the list of lawsuits that the City had pending and asked that the list be shared with other Aldermen. She said that it appeared that some of the lawsuits should be very easy to handle and should be done in-house instead of being sent to outside counsel. She said it would probably be a lot less expensive to hire an additional lawyer and a couple of law clerks to handle some of the simple lawsuits. She requested that the Corporation Counsel and the City Manager provide a report on how much the City is spending on lawsuits. She questioned why big law firms were being hired to handle Workers' Compensation Cases and to fight pro se cases. She questioned the need to spend money to hire an outside firm to handle cases that the city staff can do. She requested that she be provided with a report of legal fees paid in the last four years, detailing which law firm they were paid to and in which type of case the firm represented the City. She also suggested that the City could handle some cases in-house and hire an outside attorney for trial. She also said that she didn't think that the list of lawsuits she received included all the lawsuits in which the City was involved. Alderman Paden also asked if there was any way to cut any of our middle management costs, as well as looking at the full-time equivalents, part-time and seasonal workers, because she felt that there was duplication. She suggested that the Council look at these positions and see how much is being spent in that area and if there is a way to cut. She said that she had previously documented duplication in the City. Alderman Warshaw wished Alderman Feldman's wife well and expressed hope she has a speedy recovery from surgery. There being no further business, Alderman Warshaw moved the Council go into CLOSED SESSION to consider pending litigation, land acquisition and personnel. Seconded by Alderman Lanyon. Roll call. Voting aye - Warshaw, Rudy, Juliar, Paden, Drummer, Davis, Brady, Wold, Wollin, Collens, Rainey, Lanyon. Voting nay - none. Motion carried. (12-0) The Council so recessed at 10:05 P.M. and adjourned from CLOSED SESSION at 11:25 P.M. KIRSTEN F. DAVIS CITY CLERK 1 1