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HomeMy WebLinkAboutMINUTES-1991-05-06-19911 1 CITY COUNCIL May 6, 1991 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration Planning & & Public Works Human Services Development Alderman Nelson Alderman Davis Alderman Brady Alderman Rainey Alderman Drummer Alderman Warshaw Alderman Paden Alderman Feldman Alderman Lanyon Alderman Esch Alderman Washington Alderman Engelman Alderman Wollin Alderman Moran Alderman Heydemann Alderman Newman Alderman Kent The OFFICIAL REGULAR MEETING -of the City Council was held on Monday, May 6, 1991, at 9:08 P.M. ROLL CALL - PRESENT: Alderman Davis Alderman Brady Alderman Esch Alderman Heydemann Alderman Kent Alderman Moran Alderman Nelson A quorum being present. ABSENT: Alderman Paden TARDY: Aldermen Drummer, Washington and Rainey PRESIDING: Mayor Joan W. Barr ANNOUNCEMENTS: Alderman Wollin Alderman Engelman Alderman Lanyon Alderman Feldman Alderman Warshaw Alderman Newman Mayor Barr announced that she was making an adjustment to the order of the agenda. She said she would ask for confirmation of Alderman -designate Fiske first, administer the oath of office to him if he was confirmed, in order that he could be seated for the meeting; next administer the oath to the Evanston Youth in Government participants; then have the presentation by Illinois Municipal Retirement Fund, Citizen Comment and proceed with the rest of the meeting. Alderman Feldman moved Council approval of the nomination of Jonath*n Fiske as First Ward Alderman to serve out the two years remaining in John Rudy's term. Seconded by Alderman Wollin. Motion carried. No nays. W0-5hi»fit&, At this time Aldermen,Drummer, Rainey and ikoe4mw arrived. Mayor Barr administered the oath of office for Alderman of the lst Ward to Jonathan Fiske. 91Z -2- May 6, 1991 CITY YOUTH IN GOVERNMENT: Mayor Joan W. Barr welcomed the McGaw YMCA Youth in Government program participants. She administered the oath of office to the following elected officials: City Clerk, Kathleen Axe; Aldermen: First Ward, Joanna Shimberg and Dana Lubotsky; Second Ward: Katie Robert and Pat McMahon; Third Ward, Benji Winkler and Erik Kins; Fourth Ward, Sarah Schwab and Michael Harris; Fifth Ward, James Steel and Carly Jacobs; Sixth Ward, Jerry Marshall and Elizabeth Alexander; Seventh Ward, Sally Keigher and Jenny Fitzpatrick; Eighth Ward, Ryan Foran and Jenny Dinkel; Ninth Ward, Eli Rubin and Pat Melton, (Mayor, Josh Goldman was unable to attend.) Appointed Officials: City Manager Miguel Solari; Corporation Counsel, Stephanie Goodrich; Police Chief, Philip Martin; Deputy Police Chief, Alex Burke; Director of Public Health, Andy Schroedter; Director of Public Works, Noah Shenker; Director of Health and Human Services, Erica Wilen; Director of Parks, Recreation and Forestry, Sarah Sedgwick; Fire chief, Jennifer Liss; Director of Building and Zoning, Sarah Bild; Executive Director of Human Relations, Vanessa Friedman; Superintendent of Recreation, Jordan Dalton; Executive Director of the Arts Council, Karen Van Ausdal; Director of the Public Library, David Linsenmeier; Director of Safety and Risk Management, Jory Brinkerhoff; Executive Director for the Commission on Aging, Sara Carlson; Traffic Engineer, Clark Passino; Superintendent of Parks, Naomi Kraut; Director of Planning, Dan Lurie; Municipal Aborist, Katherine Jager; Director of Recycling, Liz Pontikes; Director of the Animal Shelter, Scott Resnick; Director of the Ethics Board, Susannah Manheim; Director of the Flood and Pollution Control Commission, Tony Johnson. In conclusion, Mayor Barr introduced the Press Corps: Missy Kelly, Gretchen Wilkenson, Cecilie Broch, Sarah Baldauf, Lisa Weiss and Tara Punwani. ILLINOIS MUNICIPAL RETIREMENT FUND: Louis Kosiba, Director of Member Services and Legal; Anne Sacheli, Manager of Field Services and Jerry Taylor, Field Representative for Evanston joined Earl Dodge, Director of Operations and Planning in presenting a plaque to Mayor Barr honoring Evanston as one of the five original employer participants in the Illinois Municipal Retirement Fund (IMRF). Mayor Barr congratulated IMRF on their 50th anniversary. On behalf of -Evanston municipal employees she thanked them for coming and expressed appreciation for the handsome plaque IMRF gave the city. CITIZEN COMMENT: Ivan Lippitz, 1216 Austin Street, spoke in support of the amendments to the Burglary Prevention Ordinance; pointed out that the Task Force preparing the original ordinance, as well as the amendments, had included representatives of the Evanston Police Department, the Housing and Property Standards staff, representatives from the Residential Crime Prevention Committee (RCPC) and a representative of the Evanston Property Owner's Association (EPOA); pointed out that RCPC consisted of tenants, owners of single family dwellings and owners of multi -unit buildings, all of whom supported the original Burglary Prevention Ordinance; questioned EPOA's commitment to burglary prevention; questioned whether EPOA had operated in good faith with RCPC and other members of the Task Force; urged Aldermen to ignore the blandishments of EPOA and vote to demonstrate their support by burglary prevention in Evanston. Ann Graff, 1038 Asbury, said that RCPC disagrees with cost estimates of EPOA regarding the implementation of this ordinance; said that the value of security for those who do not'own their own dwelling was endorsed by the City Council several years ago; questioned the motives of those opposing an ordinance that will provide such safety for tenants. Bea Danielson, 2419 Payne.Street, said that the Evanston sewer situation is critical; complained that the ordinance passed in the early eighties requiring the disconnection of downspouts had created additional flooding problems in Evanston; questioned the new sewer plan; expressed concern about water runoff causing foundation problems; urged something to be done about water runoff; questioned why all the lawyers and experts had been hired from outside the city, county and state. 1 1 9ZZ ism May 6, 1991 1 MINUTES: Alderman Feldman moved that the minutes of the Regular Meeting of April 22, 1991, and the Special Meeting of April 29, 1991, as submitted in writing to the members of the City Council, be approved without reading. Seconded by Alderman Warshaw. Alderman.Esch reported a typographical error on page 2 of the April 29th meeting, in six lines from the bottom, the Fiscal Year should read 2002-03 rather than FY 1002-03. On page three, Alderman Davis requested that the minutes reflect her question on "whether the $75,000 consultant fee to develop a stormwater contribution charge for the City of Evanston could be pared down to a lesser amount for a preliminary study." She also requested that the minutes reflect the Public Works Director's reply "that the study needed to be done city-wide, but could be implemented in phases." With these corrections, motion carried. No nays. COMMUNICATIONS: City Clerk Kirsten F. Davis announced the receipt of a communication from the Illinois Department of Revenue reporting that the Sales Tax for Evanston for the month of February, 1991, has been reported and collected as follows: Net Municipal Retailers', Use & Service Occupation Tax Collected Net Municipal Sales Tax $ 353,476.07 0.00 353,476.07 City Clerk Davis announced receipt of a communication from the Illinois Department of Revenue reporting that the Auto Rental Tax for Evanston for the month of February, 1991, has been reported and collected as follows: Auto Rental Tax Collected $ 1,408.48 Less 1.6% administration fee 22.53 Amount to be remitted $ 1,385.94 Alderman Nelson referred these communications to the Finance Director. City Clerk Davis reported that seven letters had been received protesting the use of animals in research experiments at Northwestern University. Alderman Nelson referred those communications to the Police Services Committee. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Nelson moved Council approval of the Consent Agenda with the following exceptions: Under Purchases remove: demolition of 2222 Oakton Street; the baler/conveyer and conveyer/sorter for the recycling center; the truck scale for the recycling center; the forklift for the recycling center; the recycling center architectural services change order and Hinman Avenue Tot Lot Development; Docket 125-5A-91: Resolution 50-R-91 - Sale of Old Newsprint and Docket 131-5A-91: Plat of Consolidation for 2222 Oakton Street. Seconded by Alderman Newman. Roll call. Voting aye - Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman. Voting nay - none. Motion carried. (17-0) Bills and Payroll * Approval, as recommended, of City of Evanston bills for the period ending May 1, 1991; for the City of Evanston payroll for the period ending April 21, 1991; for City Council payroll for the month of April 1991; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $1,771,268.10 City of Evanston payroll 1,221,622.38 City Council payroll 6,150.00 *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL.. (17-0) PURCHASES * Approval of the proposal from Union Camp Corporation for Yard Waste Disposal Bags at a total cost of $84,787.20 (Non -Bid Item, Requires 2/3 Majority Vote) *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 81Z -4- May 6, 1991 Alderman Nelson explained that the next five purchases and Resolution 50-R-91 had been taken off the Consent Agenda by the committee are all interwoven with respect to the proposed Materials Recovery Center (MRC). He said that the committee took these items off the Consent Agenda to allow Council to ask questions and get any clarification they might need about the project. Alderman Brady asked that Director of Public Works Barber restate his responses to the Committee's questions and give a general overview of the project. She wondered why the City was so far off on cost estimates. Public Works Director Barber called Council's attention to the memorandum of April 29 1991 which explained some of the cost implications of the changes that were required to be made to the project. Consultants originally estimated the project to cost approximately $800,000 at the time the project was presented to Council at the end of January. Now the estimated cost will be approximately $1.5 million dollars. During the design and development process, it became apparent that the original building, which had been expected to be used as an office and for other staff purposes, was inadequate. A second floor will have to be added to the new building to house an office, lunch room and staff locker room with showers. An elevator will have to be installed to make the second floor handicapped accessible, as required by law. Additional costs have been added because the building will require footings, because of the soil conditions at the site, push walls to withstand the stress of heavier equipment that will be used, and dock levelers to deal with different height trucks that will be off-loading materials. The installation of plumbing for staff showers will also be a significant investment. It was decided to purchase more expensive equipment because the heavier equipment will withstand constant use and make for a more durable facility. A piece of equipment that was not included in the original recommendation is a fluffer - a machine that shreds magazines to allow them to be compactly bailed. Without such a machine, magazines could not be properly baled. Other changes made to the original plans will make for ease of operation and a longer lasting facility. In response to several questions from Alderman Feldman, Mr. Barber explained that the concept of the project had evolved from what the consultants had originally proposed in January, which was a simple, less complicated facility, to a more permanent facility with more sophisticated components, which will better serve the long term needs of the City. He explained that the construction of the facility would not disturb any of the legal gardeners at James Park, only those in "squatters gardens" in response to a question from Alderman Davis, He answered a question from Alderman Heydemann, by explaining that the facility will initially generate between $88,000 and $90,000 in revenue and then generate approximately $100,000 in revenue in future years. The MRC will be financed over a 20-year period instead of a ten-year period because of the increase in costs, however, the annual costs will be less. He also explained that the upgrading of equipment will make for a better overall operation with fewer equipment problems resulting in less frequent backups of recyclables. Alderman Nelson commented that the Administration &. Public Works Committee had requested a pro forma for four years and a business plan for the center, which should include information about what the Private Industry Council (PIC) is providing and what the City is providing. (PIC will use the MRC as a training facility and provide the bulk of the staff at the center.) He further explained that the MRC is currently scheduled to be a one -shift operation, but that staff will explore the possibility of the facility providing contractual services. Mr. Barber responded to a question from Alderman Drummer by stating that the life expectancy of the facility was approximately 15 to 20 years with adequate maintenance and upkeep. He also explained that PIC will target commercial customers, collecting high grade office paper and cardboard. The collection of recyclables from residential and commercial customers will result in an estimated 25% to 50% reduction in the City's waste stream. In response to a question from Alderman Feldman Barber clarified that the facility should have little impact on neighbors because most of the operations will be indoors. He said the site is across from the old Rustoleum site and the nearest neighbors are some distance away. L19 -5- May 6, 1991 /4-0 E i] 1 Alderman Nelson moved Council approval of the following: the low bid from Robinette Demolition for Demolition of 2222 Oakton Street at a total cost of $7,695.00. BID SUMMARY: Bidder Total Cost Robinette Demolition $ 7,695.00 Oakbrook Terrace, IL U.S. Dismantlement Corporation 9,840.00 Chicago, IL K & B Wrecking ltd. 11,400.00 Bedford Park, IL the Baler/Conveyor for the Recycling Center and Sorter/Conveyor for the Recycling Center from Irmscher & Sons, Inc. at a total cost of $409,058.40 BID SUMMARY: Bidder Total Cost Mosley Machinery $ 363,468.00 Fox River Grove, IL Morrow Equipment 308,902.00 Normal, IL Alcoa Recycling Machinery Systems 381,100.00 Memphis, TN Irmscher & Sons, $nc. 409,058.40 Fort Wayne, IN Paul Reilly Co. 440,389.00 Milwaukee, WI Mid -States Inc. 483,326.00 Bridgeview, IL Balemaster, Inc. 179,845.00 Crown Point, IN the Truck Scale for the Recycling Center at a total cost of $49,523.00 BID SUMMARY: Bidder Total Cost Columbia Scale Co. $ 49,523.00 Chicago, IL Central Scale & Supply Co., Inc. 49,857.00 Crestwood, IL the Fork Lift for Recycling Center from Clarklift of Chicago North, Inc. at a total cost of $16,891.00. (Non -Bid Item, requires a 2/3 Majority Vote) change order for Architectural Services by R. Christiansen and S. Tinucci for an . additional $16,750 to the original fee of $30,000 for the Recycling Center at 2222 Oakton Street. Seconded by Alderman Rainey. Roll call. Voting aye - Aldermen Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman. Voting nay - none. Motion carried. (17-0) The Hinman Avenue Tot Lot Redevelopment contract was held in committee. ON 113 -6- May 6, 1991 * Approval of the low bid from Midwest Fence for Service Center Security Gate at a total cost of $17,211.00 BID SUMMARY: Bidder Total Cost Midwest Fence $ 17,211.00 Chicago, IL Peerless Erectors, Inc. 17,844.85 West Chicago, IL *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the low bid from J. A. Johnson Paving for the 1991 Alley Resurfacing Program at the unit prices bid, for a total estimated cost of $55,164.00. BID SUMMARY: Bidder J. A. Johnson Paving Arlington Heights, IL Total Estimated Cost $ 55,164.00 Artley Paving 58,478.00 Wheeling, IL *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of a proposal from Anderson Pest Control to provide birdproofing services for all viaducts in Evanston in two phases at a total cost of $51,690.00. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 118-5A-91: Employee Dental Insurance Plan - Consideration of a recommendation that the City council authorize the Acting City Manager to enter into a contract with First Commonwealth to provide a Dental Insurance Program for City Employees with 100% of the premium cost to be borne by the employees. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * DocketI119-5A-91: Curb and Sidewalk Replacement Program - Consideration of a recommendation that the City Council approve the 1991-92 Combined Curb and Sidewalk Replacement Program representing approximately 3,700 lineal feet of curb replacement; 1,195 feet of sidewalk replacement in the CDBG Target Area, and 5,265 feet of curb in areas outside the target area at a total cost of $196,271. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 73-3A-91: Resolution 27-R-91 - Ecology Center Parking Lot Lease - Consideration of proposed Resolution 27-R-91, by which the City Council would authorize the Acting City Manager to enter into a lease with the Christ Temple Missionary Baptist Church for twenty-nine spaces in the Ecology Center Parking Lot. This docket item was held in committee. * Docket 120-5A-91: Resolution 44-R-91 - Asbury/Dempster and Ridge/Dempster MET Funding - Consideration of proposed Resolution 44-R-91, by which the City Council would authorize the appropriation of $16,387.50 in Motor Fuel Tax Funds for the improvement of the intersections of Dempster Street and Ridge Avenue and Dempster Street and Asbury Avenue. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 121-5A-91: Resolution 45-R-91 - Asbury/Dempster and Ridge/Dempster IDOT Agreement - Consideration of proposed Resolution 45-R-91, by which the City Council would authorize payment in the amount of $16,387.50 to the Illinois Department of Transportation for the improvement of the intersections of Dempster Street and Ridge Avenue and Dempster Street and Asbury Avenue. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 11 619 -7- May 6, 1991 * Docket 122-5A-91: Resolution 46-R-91 - Reserved Parking Space for Wheelchair Bound - 1914 Asbury - Consideration of proposed Resolution 46-R-91, by which the City Council would authorize the Acting City Manager to issue a Wheelchair -bound Parking Permit to Ms. Mary E. Henderson and establish a reserved space for her at 1914 Asbury Avenue. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 123-5A-91: Resolution 47-R-91 - Reserved Parking Space for Wheelchair Bound - 1107 Lake - Consideration of proposed Resolution 47-R-91, by which the City Council would authorize the Acting City Manager to issue a Wheelchair -bound Parking Permit to Ms. Rebecca Snave and establish a reserved parking space for her at 1107 Lake Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 124-5A-91: Resolution 48-R-91 - Water Reclamation District Easement Agreement - Consideration of proposed Resolution 48-R-91, by which the City Council would authorize the Acting City Manager to enter into an agreement with the Metropolitan Water Reclamation District of Greater Chicago to obtain easements for construction of sewers in drainage basins S06 and S13. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (16-0) (Alderman Lanyon abstained due to a possible conflict of interest.) Docket 125-5A-91: Resolution 50-R-91 - Sale of Old Newsprint - Consideration of proposed Resolution 50-R-91, by which the City Council would authorize the Acting City Manager to enter into an Agreement with Laidlaw Waste Systems Continental, Inc. for the sale of old newsprint. Alderman Nelson moved Council adoption of proposed resolution 50-R-91. Seconded by Alderman Lanyon. Motion carried. No nays. Alderman Newman requested that staff give the new Aldermen all background memorandums on the Recycling Center and asked that this issue be reviewed in depth during the May 16 Orientation Session. * Docket 78-3A-91: Ordinance 29-0-91 - No Turn on Red - Main/Chicago - Consideration of proposed Ordinance 29-0-91, by which the City Council would amend Section 10-11-2, Schedule III(D),. of the Code of the City of Evanston to establish a "No Turn on Red" restriction at the Main Street and Chicago Avenue intersection. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 126-5A-91: Ordinance 45-0-91 - S.A. #1394 - Paving of Bryant Avenue at Chancellor - Consideration of proposed Ordinance 45-0-91, by which the City Council would authorize the paving of Bryant Avenue north of Chancellor Street, known as Special Assessment #1394. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 127-5A-91: Ordinance 47-0-91 - Parking Restrictions Dempster/Asbury[ - Consideration of proposed Ordinance 47-0-91, by which the City Council would amend Section 10-11-8, Schedule VIII(A), of the Code of the City of Evanston to prohibit parking on Dempster Street between Asbury Avenue and the first alley west.* MARKED INTRODUCED' - CONSENT AGENDA. * Docket 128-5A-91: Ordinance 48-0-91 - Adjustments to Various No Parking Zones - Consideration of proposed Ordinance 48-0-91, by which the City Council would amend Section 10-11-9, Schedule IX, of the Code of the City of Evanston to change parking prohbitions which were established to facilitate refuse collection, yard waste collection, and recycling. These changes are to make the posted restrictions agree with the current collection schedules at three locations. * MARKED INTRODUCED - CONSENT AGENDA. -8- May 6, 1991 Docket 129-SA-91: Ordinance 49-0-91 - Parking Restrictions Lincoln west of Ashland - Consideration of proposed Ordinance 49-0-91, by which the City Council would amend Section 10-11-9, Schedule IX(CC) of the Code of the City of Evanston to prohibit parking on the north side of Lincoln Street from Ashland Avenue to a point 200-feet west between 9:00 A.M. and 4:00 P.H., Monday through Friday. * MARKED INTRODUCED - CONSENT AGENDA. * Docket 112-4D-91: Ordinance 30-0-91 - Alley Vacation - Lincolnwood/Isabella - Consideration of proposed Ordinance 30-0-91, introduced on April 22, 1991, by which the City Council would vacate a portion of the north/south segment of the alley at the rear of 2757 and 2755 Lincolnwood Drive to allow the two property owners to use the 23-feet being vacated. * ADOPTED - ,CONSENT AGENDA MOTION AND ROLL CALL. (17-0), * Docket 113-4D-91: Ordinance 41-0-91 - Sale of Certain Real Property - Ridge/Lincoln - Consideration of proposed Ordinance 41-0-91, introduced on April 22, 1991, by which the City Council would authorize the Acting City Manager to negotiate the sale of certain real estate at Ridge Avenue and Lincoln Street, including publication of a notice of intent to sell said real estate. * ADOPTED - CONSENT AGENDA NOTION AND ROLL CALL. (17-0) * Docket 114-4D-91: Ordinance 42-0-91 - 3-Way Stop - Reba/Elmwood and Barton/Dobson - Consideration of proposed Ordinance 42-0-91, introduced on April 22, 1991, by which the City Council would amend Section 10-11-5, Schedule V(C), of the Code of the City of Evanston to change the traffic control at the Reba/Elmwood and Barton/Dobson intersections to 3-way stops. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0), * Docket 115-4D-91: Ordinance 43-0-91 - Bryant Avenue Parking, Restrictions - Consideration of proposed Ordinance 43-0-91,- introduced on April 22, 1991, by which the City Council would amend Section 10-11-8, Schedule VIII(A), of the Code of the City of Evanston to prohibit parking on the east side of Bryant Avenue from Chancellor Street to the dead end. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 116-4D-91: Ordinance 44-0-91 - Parking Restriction - 2227 Emerson Street - Consideration of proposed Ordinance 44-0-91, introduced on April 22, 1991, by which the City Council would amend Section 10-11-9, Schedule IX(DD), of the Code of the City of Evanston to prohibit parking at 2227 Emerson Street in order to create a drop-off/pick-up zone for a disabled resident. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 21-1A-91: Ordinance 7-0-91. - Increase in Parking Ticket Fide for Snow Violations - Consideration of proposed Ordinance 7-0-91, by which the City Council would amend Section 10-11-17(C) of the Code of the City of Evanston to increase the fine for parking on designated snow routes during a snow emergency from $25 to $75. No action. 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. Alderman Nelson reported that the Administration & Public Works Committee had approved the use of a collection agency for false alarm service charges. 1 1 IZZ -9- - 4'. May 6, 1991 ///p 1 HUMAN SERVICES COMMITTEE: Alderman Davis reported that the committee did not have a full packet of information on the submission of a planning proposal to the federal government on the Evanston Coalition for Youth and Their Families, so the committee will meet for an hour next Monday, May 13 at 6:30 P.M. to discuss that planning grant. PLANNING AND DEVELOPMENT COMMITTEE: * Docket 129-5A-91: Plat of Subdivision for 2424 Payne Street, - Consideration of a request from James and Sally Schnatterly for approval of a Plat of Subdivision at 2424 Payne Street. This Plat of Subdivision is in its proper form, and final approval is recommended. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 131-5A-91: Plat of Consolidation for 2222 Oakton Street, - Consideration of a City request that the City Council approve a Plat of Consolidation at 2222 Oakton Street. The Plat of Consolidation is in its proper form, and final approval is recommended. This item was held over by staff request. * Docket 132-SA-91: Evanston Housing Coalition re Mortgage Revision - Consideration of a request from the Evanston Housing Coalition to amend mortgage documents from "recourse" to "non -recourse" to facilitate the creation of a partnership and the sale of tax credits. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 133-5A-91: ZAC 91-1 - Proposed Zoning -Map Amendments re 2440-2500 Ridge Avenue - Consideration of the Zoning Amendment Committee's recommendation that the City Council den the petition of the COS Investment Partnership, to rezone a portion of their property from R1 Single -Family Residence District to C2 Commercial District. * CONCURRENCE WITH RECOMMENDATION TO DENY THE PETITION - CONSENT AGENDA MOTION AND ROLL CALL. (17-0). Docket 85-3B-91: Ordinance 32-0-91 - Amendment to Burglary Prevention Ordinance - Consideration of proposed Ordinance 32-0-91, introduced on March 25, 1991, by which the City Council would amend Sections 5-7-2, 5-7-5, 5-7-6-2, and 5-7-7 of the Burglary Prevention Ordinance. Alderman Brady clarified that this ordinance was not a motion to repeal the Burglary Prevention Ordinance. "If the motion loses, we will have the same ordinance that we have been operating with for several years," she said. It may also be amended in the future, following regular procedures. She said that the ordinance is a series of minor clarifying amendments which will establish a Board of Appeals to be appointed by the Mayor; define "owner -occupied Unit" and clarify some technical language, such as a 60-watt bulb instead of a foot candle. Alderman Brady moved Council adoption of proposed Ordinance 32-0-91. Seconded by Alderman Warshaw. Discussion: Alderman Lanyon said he will support the amendments, but he still sees problems with the enforcement and intent, and feels as though there is more room for improvement with the ordinance. He said that he felt it would be helpful to have an administrative guide or handbook. He expressed alarm that the City continues to experience such a high level of non-compliance with the ordinance. He suggested that greater emphasis be placed on the "carrot approach" to obtain voluntary compliance. Alderman Rainey said that she felt that further improvement to the ordinance was necessary because she had never seen so much controversy about any single ordinance before. As a founding member of the Tenants Organization she considered herself very pro -tenant, but, felt something was wrong with this ordinance because it cannot be enforced in an equitable way. She saw no reason it was enforced in owner -occupied two flats and not in single family homes. She said the ordinance could not be understood after thousands of hours of Council time and thousands of dollars had been spent trying to deal with it. rVZZ 11r -10- May 6, 1991 Alderman Warshaw said she disagreed with Alderman Rainey's characterization and she felt that tenants needed protection. She reported that she had taken the same measures in her own home, complied with the provisions of the ordinance in her rental property and had not had a burglary since. She pointed out that the worst business loss for an owner to have was'a vacancy due to an apartment burglary. The tenant leaves because they do not feel secure. She said it was cheaper in the long run to put in security. She urged that the Council not consider a moratorium enforcing this ordinance anywhere but two -flats. She said that we owe it to the security of tenants. Acting Manager Aiello said that the City had met with legal counsel of EPOA and had discussed the definition of family and the implementation of the ordinance. She said she felt the Board of Appeals will be able to address these issues. She pointed out that the City had responded to everything it has received from EPOA relating to their issues. If additional comments are received this week, staff can address them before the next meeting. Alderman Engelman said that he agreed with Alderman Rainey's comments and that while the ordinance addressed laudable goals, he felt there were a number of flaws that needed to be addressed. He announced that he would not be voting on the ordinance because, before he was elected, he had been retained to represent an individual who had filed a challenge to the ordinance. He said that the court would not allow him to present a motion to withdraw before May 13 and thus had a conflict of interest with this ordinance. Alderman Rainey said that she had not been aware of the court challenge to the ordinance, but that a judicial ruling might solve some of the problems with the ordinance. She stressed her commitment to the safety of tenants but said that if a landlord does not comply with the ordinance, either because of ignorance or hostility, the tenant remains unprotected. She said that her whole effort was to get clarification on the ordinance so the City can get compliance. She pointed out that the City is now exempting a class of people from whom it expected compliance before. She said that she understood that EPOA was coming forward with additional amendments and she opposed piecemeal changes to the ordinance. If this is the case it might be appropriate to seek a moratorium on enforcement. In response to a question from Alderman Drummer, Acting Manager Aiello said that it was difficult to determine the cost of compliance. She pointed out that a cost figure heard during Citizen Comment was less than $200.00 per unit, substantially less than the amount estimated by EPOA. Alderman Brady clarified that none of the amendments before City Council that evening would affect the cost of compliance and pointed out that the ordinance had been substantially watered down before it was adopted in 1988. Essentially the ordinance only covers locks, cylinder guards, accessible windows, and the definition of "owner." Alderman Drummer expressed his concern that the costs of implementation will be passed on to tenants. He also expressed concern that the ordinance required compliance only from multi -unit buildings. Alderman Warshaw pointed out that the largest cost of implementation was the cost to install dead bolt locks. She felt that it would be unfortunate if a moratorium was placed on their installation. Alderman Wollin Called the Question. Seconded by Alderman Nelson. Motion carried. Vote to adopt Ordinance 32-0-91. Roll call. Voting aye - Aldermen Davis, Brady, Heydemann, Moran, Nelson, Wollin, Rainey, Lanyon Feldman, Warshaw, Fiske, Newman. Voting nay - Aldermen Drummer, Esch, Washington, Kent. Motion carried. (12-4) Abstaining due to a possible conflict of interest - Alderman Engelman. 1 1 1 UZ -11- May 6, 1991 //I Alderman Brady announced that the new Zoning Ordinance, which has been drafted over a period of nearly three years, is ready for City Council review. She said that a schedule to review the ordinance will be in the next packet. She highlighted several dates. On May 13 the zoning consultant will give an overview of the ordinance. On June 3, the Zoning Commission will hold a public hearing on the ordinance. On specific dates between June 17 and August 19, the Planning & Development Committee will meet to review the ordinance in detail. She urged all the aldermen to attend. She said that the City Council will hold a public hearing on the ordinance in September. OTHER COMMITTEES: * Docket 134-5A-91: Ordinance 46-0-91 - Sale of Vacant Land at 2300 Main Street - Consideration of proposed Ordinance 46-0-91, by which the City Council would authorize the Acting City Manager to negotiate the sale of vacant land at 2300 Main Street, and give notice of intent to sell the aforementioned real estate.* MARKED INTRODUCED - CONSENT AGENDA. * Docket 135-5A-91: Resolution 49-R-91 - Amendment to 1990-91 and 1991-92 CDBG Programs - Consideration of proposed Resolution 49-R-91, by which the City Council would amend the 1990-91 and 1991-92 Community Development Block Grant Programs and reallocate $115,000 to other CDBG Projects. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 24-lA-91: Resolution 10-R-91 - Development Agreement with MAP Investments for Redevelopment of the Southwest Area - Consideration of proposed Resolution 10-R-91, by which the City Council would authorize the Acting City Manager to execute a Development Agreement with MAP Investments for the redevelopment of the Southwest Area. At the January 28, 1991 Council meeting, this docket item was tabled. Docket 16-lA-91: Resolution 12-R-91 - Covenants with the Evanston Center for Industry - Consideration of proposed Resolution 12-R-91, by which the City Council would approve covenants for the Evanston Center for Industry. At the January 28. 1991 Council meeting, this docket item was tabled. Docket 92-3B-91: Ordinance 33-0-91 - Sewer User Charges and Use Provisions - Consideration of proposed Ordinance 33-0-91, introduced on March 25, 1991, by which the City Council would amend Chapter 7, Title 13, of the Code of the City of Evanston to add a system of Sewer User Charges and Sewer Use Regulations required by the Illinois Environmental Protection Agency as part of the loan package for long-range sewer improvement financing. No rate changes would occur in fiscal year 1991-92 under this Ordinance. Alderman Warshaw, Chair of the Flood & Pollution Control Commission moved Council adoption of proposed Ordinance 33-0-91. Seconded by Alderman Heydemann. Alderman Warshaw explained that this ordinance will allow the City to comply with Illinois Environmental Protection Agency (IEPA) regulations which will allow the City to avail itself of a less costly loan from the IEPA Revolving Loan Fund to pay for Phase I of the sewer plan. She reminded the Council that it would not result in a rate increase in Fiscal Year 1991-92. Any rate increases required to pay for additional sewer work will have to come before the City Council annually. Discussion: Alderman Drummer expressed his discomfort about proceeding with the project because he felt that the public as yet does not understand what the costs will be. However, he did think that the cost of the project to his household over a 20-year period would be less than the cost of cleaning out his flooded basement over the same period. He expressed concern about how the public would react when they get their first water bill with increased sewer charges. 9ZZ -12- May 6, 1991 Alderman Warshaw pointed out that the project will alleviate basement seepage and standing water in the streets because of the high -volume intakes on the new storm sewers. She said that improvements will be apparent gradually as the City completes construction in each basin. She pointed out that since this is phased construction, there is no part of the plan that cannot be stopped if funds are not available. The City can go forward or pause as the economy permits. Alderman Drummer moved to amend the Ordinance by including the following_ "staff shall develop the vro.iect in segments which are small enough that shall allow minority business participation. Then staff shall conduct a survey of all Evanston minority businesses to determine how they shall be incorporated into the future work." Seconded by Alderman Brady. Discussion: Alderman Nelson expressed strong opposition to incorporating this amendment in the ordinance and expressed concern that mandating smaller segments to allow minority participation might escalate the cost of the project. He suggested that a minority participation plan, such as the successful plan now in place in the Research Park, be developed for the sewer construction. He said that he had no idea of what the cost implications were of this amendment and expressed concern that it would place an unfair burden on taxpayers. Alderman Lanyon agreed in principle with Alderman Drummer's affirmative action goals and asked that the City develop such goals for all public works projects rather than singling out this project. He said that was a Reference to the Administration & Public Works Committee. Alderman Drummer pointed out there was already a Reference in Administration & Public Works concerning this issue that had been bogged down in committee for three years. Alderman Washington agreed with Alderman Drummer and also pointed out the need for a monitoring process. Acting Manager Aiello pointed out the City has an affirmative action plan for employees and also a set -aside program for minority businesses that goes to the Council every year. She said that the City could model affirmative action goals after the Research Park Plan, which, she pointed out has met its goals and she will be happy to bring documentation to the next meeting. Alderman Rainey supported Alderman Nelson's comments and said that if this project becomes more expensive by creating smaller segments to be done by minority contractors, it will cost homeowners and place a greater tax burden on both low income minority or majority households. She emphasized that her major concern with this project is the cost to the individual homeowner and urged Alderman Drummer to reconsider his amendment. Alderman Davis suggested that perhaps Alderman Drummer's goal could be accomplished and citizens protected against further increases in cost by rewording the amendment to include minority participation where it will not increase the cost. Alderman Drummer said he was pleased that his wording got attention and pointed out that his Reference had been sitting in the Administration & Public Works Committee for three years. He said he would be satisified if an agreement like the one in the Research Park can be attached to this project. He said that he was also aware of the efforts that had gone into the Church/Chicago Project, but said that the City has to make it work sometime. He pointed out that major City projects will be coming up such as new fire stations and the library. Those projects should be designed to promote minority business enterprise. He said it was the right thing to do. He said he would be willing to withdraw his amendment if there are assurances that a way can be found to commit to minority business enterprise. Alderman Nelson said he thought it was appropriate to work this out and that there was a precedent from which to draw. He said we should use the models that had already been developed. He moved to table the amendment. Seconded by Alderman Drummer. Notion carried. No nays. 9ZZ -13- May 6, 1991 /ao Alderman Drummer expressed concern that a memo responding to questions raised at the meeting of April 29 did not more forcefully commit to exploring avenues to help low and moderate income people, minority business and the elderly. He said he would like to use "shall" in a case like this. He emphasized that the City should commit to assiting those in need. Acting Manager Aiello pointed out that both Aldermen Kent and Feldman had raised this issue, but that while staff has not had a chance to fully explore alternatives, they are committed to doing what the Council requests. She promised to come back at the next meeting with some time frames on the "staff will look into" questions. Alderman Drummer reiterated his concern about this issue and emphasized that he felt it was important to commit to these actions and to direct staff to implement a program to address these concerns. Alderman Rainey suggested that the minority business enterprise issue be placed on the Administration & Public Works Committee agenda for the next meeting as a priority item. In response to a question from Alderman Warshaw, Director of Public Works David Barber explained that although the IEPA loan has been approved, the IEPA requires an adopted copy of the Ordinance to be sent to them before any money is dispersed. He also said that he felt that he would have to clear any amendments to the ordinance with the IEPA before they are adopted by the Council. Alderman Feldman said that he would like to find out more about the cost implications before committing to any amendments. Alderman Lanyon advised caution in the area of affordability. He suggested that that issue might be better dealt with through separate legislation. He pointed out that federal and state legislation is very explicit about user charges and discounts are not permissable. Alderman Brady agreed with Alderman Feldman and said her commitment to any amendments concerning affordability was tenuous and based on whose was really going to have to pay. 3 Alderman Brady moved to amend Ordinance -0-91 on page 12, section 7-13-4 to reduce the penalty from 10% to 5%. Seconded by Alderman Feldman. Alderman Brady questioned whether the amendment would have a huge monetary effect and whether such an amendment would be permissable by the IEPA. Acting Manager Aiello replied that the City can modify that section. Discussion: Alderman Warshaw suggested that this amendment be held until next year when the sewer rates will increase, rather than implementing it now when there is no change in rates. Alderman Drummer said that he felt that 10% is an excessive charge. Alderman Wollin questioned whether the City had data on how many people pay water bills late. Acting Manager Aiello promised the information would be available at the next meeting. Alderman Engleman asked that the data be broken up by single family and large commercial users. He pointed out that if the delinqency charge is reduced, the spector is raised that large commercial users will be using their cash flow because of the lower penalty. Alderman Lanyon said that a reduction in the penalty might work adversely for those people who pay their bills on time and that this is not so much a penalty as a carrying charge. He also commented on the issue of affordability and reminded the Council that they were contemplating a storm water contribution charge which might help with this. Alderman Drummer said that he was not concerned about the big guys, but more about the poor people who struggle to pay their bills. He questioned which system the City is going to use, the User Charge or the Storm Water System Charge. Alderman Warshaw'replied that Council has not yet come to a decision on that yet. She also questioned what the budget impact would be in reducing the penalty from 10% to 5%. Alderman Drummer reemphasized that he was uncomfortable with not knowing how much his cost per year would be for this system. BZZ -14- May 6, 1991 Alderman Nelson moved to table the ordinance. Seconded by Alderman Newman. Roll call. Voting aye - Aldermen Drummer, Washington, Kent, Nelson, Rainey, Fiske, Newman. Voting nay - Aldermen Davis, Brady, Esch, Heydemann, Moran, Wollin, Engelman, Lanyon, Feldman, Warshaw. Motion failed. (7-10). Alderman Heydemann moved to table Alderman Brady's amendment for two weeks. Seconded by Alderman Nelson. Motion carried. No nays. Alderman Lanyon said he wanted to address the uncertainty concern. He said it was brought out last week that this ordinance covers one year only. The committee will be considering a storm water contribution charge over the next several months and something will be brought back to Council this summer. Rates will be adjusted annually. He pointed out that there is a lot of information to sift through before everyone will know how much we all will pay and now the need is to get on with it. In response to a question from Alderman Wollin, Mr. Barber clarified that the comparison chart that had been provided to the Council compared the average number of units used by a single family homeowner with specific multi -unit buildings, not the average water use by the buildings in the same category. Alderman Wollin called for the Question. Seconded by Alderman Nelson. Motion carried. No nays. Roll call on Ordinance 33-0-91. Voting aye - Aldermen Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman. Voting nay - none. Motion carried. (17-0) * Docket 136-5A-91: Township Monthly Bills - Consideration of a recommendation that the City Council approve Township bills for the month of April 1991 in the amount of $165,383.10. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0). CITY MANAGER'S REPORT: Acting Manager Judith Aiello introduced Patrick Casey, the new budget officer, who will leave his position as Supervisor of the Collector's Office. She said that they were looking forward to his arrival on the fourth floor and an early start on the budget. CALL OF THE WARDS: Alderman Feldman welcomed Alderman Fiske to the City Council and offered his help and that of his colleagues to do everything possible to make Alderman Fiske's first days easier for him. He observed that Alderman Fiske was sitting in a seat that traditionally had an occupant with strong and independent views who had given a great deal to the community, specifically former Alderman Vtudy. He said that the tradition is a great one and he was sure that Alderman Fiske would do well for the seat and for his 1st Ward constituents. Alderman Nelson commented that in the same week that Council had.retired a group of Aldermen with a collective amount of 50 years of service to the community, the Evanston Review featured a singing tailor on the cover. He said that he perceived the paper to have a mixed sense of values. Alderman Nelson referred to a memo he had written concerning possible cost savings in next year's budget to the Budget Policy Committee. He made a Reference to the Administration & Public Works Committee to consider taking down the stop sign at Normandy Place and Lawndale. He made another Reference to the Administration & Public Works Committee to develop an ordinance to preclude the planting of long grasses, bushes or other plants on parkways which obstruct the traffic view. Vote to refer Alderman Nelson's Reference to the Budget Policy Committee. Motion carried. No nays. Alderman Washington announced that the First Baptist Church is sending buses of people to Springfield, IL on May 16 to lobby against Governor Edgar's recommended human services budget cuts. The cost is $18.00 per person. She urged as many people to go as possible. 1 L 1 NZ /Az -15- May 6, 1991 Alderman Brady noted that there were two'changes to the meeting schedule on the yellow agenda. The Special Housing Commission Public Hearing will be at 7:00 P.K. and the Budget Policy Committee is scheduled for May 15, not May 16. Alderman Davis reminded the Council that the Human Services Committee will meet at 6:30 P.K. next Monday to consider the Planning Grant to the federal government for youth and requested that anyone with comments to get them to her and invited interested Aldermen to attend. Alderman Drummer restated his Reference concerning minority business enterprise to the Administration & Public Works Committee. He said that the committee needed to develop a minority business plan for all public works projects similar to that which is in place in the Research Park. He also urged the City to communicate with Northwestern University and seek their participation. Alderman Drummer called Council's attention to the draft outline of procedures that the Township Committee will be using to replace the Township Supervisor and Assessor. He invited comments and suggestions from the other Aldermen and indicated that the outline would be finalized at the May 8 Township Committee meeting. Alderman Newman pointed out that there was a conflict between Aldermanic Orientation and the interviews scheduled for the Assessor and Supervisor. Acting Manager Aiello said that the Aldermanic orientation could be changed. Alderman Newman expressed concern about the confusion being caused by the leadership of EPOA over the Burglary Prevention Ordinance. He pointed out that the president of that organization had participated in drafting the ordinance. He said that he did not recall the group raising the concerns now being raised at the time it was being drafted. He said he felt that they had ample chance to raise questions and to provide input into the ordinance before it was adopted. He also said that he felt it was unfortunate that they appear to be confusing thir membership, some of whom have some legitimate concerns about the ordinance. He asked that the new members of the City Council receive copies of the minutes of the meetings when it was discussed and adopted. Alderman Fiske thanked everyone for the confidence they had expressed in his appointment as Alderman of the 1st Ward. He said he was both happy and sad to be here, because he regards the loss of Alderman Rudy as a tragedy for his friends and the City. He said :that John Rudy's example of honesty, diligence and wisdom was one everyone could emulate. He said he hoped to honor that example and his memory by respecting those qualities. Mr. Fiske said that he looked forward to working with the Council as a representative of the 1st Ward and applying his energy and ability to do what is best for the City of Evanston. He thanked everyone for the welcomes he had received. He particularly thanked Alderman Feldman for his offer of help, because he hoped Mr. Feldman would provide some clues on how to communicate to his constituents and the rest of the City that the Council has not committed the -citizens to financing the entire sewer plan in the vote that was taken in Council this evening. He thought it was extremely important that these matters be communicated to the public in a timely way that allays fears and makes it clear that there are opportunities to conserve resources. In conclusion he said that he was glad to be here and looked forward to serving on the Council. Alderman Feldman moved that Council recess into CLOSED SESSION to discuss a personnel matter. Roll call. Voting aye - Aldermen Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman. Voting nay - none. Motion carried. (17-0). The Council so recessed at 11:33 P.M. The Council reconvened in OPEN SESSION at 11:45 P.M. after determining that they wished to discuss the matter in OPEN SESSION. Alderman Drummer moved suspension of Council rules to discuss an item not on the agenda. Seconded by Alderman Nelson. Motion carried. No nays. OU /23 -16- Hay 6, 1991 Docket 137-5A-91: Annual Township Audit - Consideration of recommendations by the Township Committee to : a) not pursue the engagement of Friedman, Eisenstein, Raemer and Schwartz to conduct the annual Township audit; and b) issue Requests for Proposal to accounting firms to conduct a standard annual audit of the Township for the Fiscal Year ending March 31, 1991. Alderman Drummer moved that Council concur with the Township Committee recommendation to obtain another audit firm instead of Friedman, Eisenstein, Raemer and Schwartz and with the same level of audit. Seconded by Alderman Nelson. Discussion: In response to a question from Alderman Feldman, Alderman Drummer said that a fraud audit would add approximately $20,000 to the cost of the audit if it is done over a six-month period. He said that he felt that the Police investigation of the Township had uncovered most of the information and that a fraud audit would not add substantially to what is now known. Alderman Feldman suggested that three months ago we did not know what was going on and a fraud audit might tell us something else we do not know. Alderman Rainey reminded the Council that two years ago, she had requested that a second auditor be called in and a program audit be conducted. Such an audit would have uncovered the fraud now being investigated. She said that she felt if the Trustees avoided a fraud audit that they would be abrogating their responsibilities as Township Trustees. Alderman Warshaw supported the comments of Alderman Feldman and Rainey and said that other items might be uncovered by a fraud audit. Alderman Newman expressed his concern about the process and the fact that Council is discussing the matter after the press left. He said he felt it was important for the people of Evanston to know what the Council is doing. He moved to hold the item over and make it a Special Order of Business at the May 20 meeting. Seconded by Alderman Esch. Discussion: Aldermen Drummer, Wollin and Rainey discussed the cost of a fraud audit versus a regular audit. Director of Health and Human Services Jay Terry urged the Council to decide what they meant by a fraud audit and cautioned that a fraud audit would require re-creating a year item by item. Mayor Barr requested that a memorandum be written for the next meeting defining the different types of audits possibleand explaining the options available to the Council. Alderman Brady pointed out that the Township actually deals with a small number of people and it would be possible to recertify clients administratively. Clients would be required to provide proof of income and address. She said that it should be no problem to do, given the current case load. There being no further business Mayor Barr asked for a motion to adjourn. The Council so moved and adjourned at 12:00 midnight. KIRSTEN F. DAVIS CITY CLERK 1 1 1 6ZZ