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HomeMy WebLinkAboutMINUTES-1993-12-13-1993GeV r COUNCIL 1 1 December 13, »3 ti pF E V4,0 U O� pp l�0 Co. Ix - Standing committees meet prior to the official regular meeting. Current members are as follows: Administration and Public Works Alderman Newman Alderman Heydemann Alderman Engelman Alderman Drummer Alderman Kent Alderman Holsman Alderman Guthrie Alderman Moran Alderman Feldman Planning and Development Alderman Newman Alderman Engelman Alderman Heydemann Alderman Kent Human Services Alderman Guthrie Alderman Holsmaa Alderman Feldman Alderman Moran Alderman Drummer The OFFICIAL REGULAR MEETING of the City Council was held on Monday, December 13, 1993, at 8:22 P.M. in the City Council Chamber. ROLL CALL - PRESENT: Alderman Moran Alderman Engelman Alderman Holsman Alderman Feldman Alderman Newman A Quorum being present. TARDY: None PRESIDING: Mayor Lorraine H. Morton Alderman Drummer Alderman Guthrie Alderman Heydemann Alderman Kent A video tape recording of this meeting has been made part of the permanent record and is available in the City Clerk's office. 2 December 13,1993 PUBLIC HEARING Special Service District #5 Mayor Morton called the Public Hearing to order and asked Director of Public Works, David Barber, to address the Council before public comment began. Mr. Barber reported- that • in- response to Ordinance - 120-0-93, staff -had sent out notices of the hearing to those affected by the proposed district. He said that in response to those notices several comments have been received and he recommended that Special Service District # 5 be modified to delete certain areas. He made reference to the map of the revised district that had been distributed that evening to delete work in the 1500 block of Maple Avenue, the 1500 block of Elmwood Avenue, the 600 block of Clark Street, the 1000 block of Grove, and the section of Benson Avenue north of Elgin Road (included improperly in the original map). He noted that the map shows the boundaries as originally proposed and in cross -hatch, the areas to be eliminated from the district - most of which are residential in nature or are exempt properties that are on the outskirts of the downtown area. Alderman Drummer moved to accept the proposed deletions. Seconded by Alderman Engelman. Motion carried. No nays. Alderman Newman invited those residential buildings who had been exempted from the district to have a representative of the building call the City to discuss the benefits and costs of being included. He suggested that there may be a possibility that they would want to be included. Mr. Barber called attention to the drawings of the proposed improvements and said that Council could not act on the district for 60 days. He noted that during that period he and Terry Jenkins, Director of EVMARK, will make a formal presentation in the downtown area and that everyone in the proposed district would be notified. At that meeting they will discuss the proposed improvements, potential costs and respond to questions. The presentation will be made in the later part of January. Mr. Barber reported receiving nine communications about the district. Five communications received were from properties that are now exempt from the district and four that are not. Those remaining in the district are the Burger King, 1740 Orrington; Century Publishing, 990 Grove Street; 1000-1004 Davis Street and 1580 Maple; and Shand Morahan Plaza. The total equalized assessed value of the district as currently constituted is approximately $131,300,000, which would need to generate an additional tax of approximately $3.20 for each $1000 of equalized assessed value. Doraine Anderson. 1860 Sherman Avenue, made reference to the Downtown Land Use Report, 1990, and the Zoning Map. She suggested that her building was a fringe area, not considered part of the Central Business District and was zoned R-6. She expressed concern about "commercial creep" in zoning, reminded Council that Yesterday's Restaurant was in an R-6 district and objected to her block being characterized as commercial because of that use. Werner Krause. 1106 Church Street, manager of the building on the southwest comer of Church and Oak (1100 Oak), said that his building was all residential and hoped that it would be excluded from the Special Service District. Bob Linn. Shand Morahan Plaza, Vice President and Comptroller of Shand Moraban, said that the company had sent a letter asking that Shand Morahan Plaza be deleted from the Special Service District. He questioned why the proposed additional parking would benefit them and said that they had recently upgraded the sidewalks and planted trees. He urged reasonableness in spending. Connie McCarthy. 1585 Ridge Avenue, said that she was pleased that her building had been deleted from the proposed Special Service District, but expressed concern about a plan she had become aware of to move the mail boxes on the south side of Davis Street east of the alley, to in front of her building on the west side of the alley and cited safety hazards. John A. Stucky, 1585 Ridge Avenue, agreed with Ms. McCarthy. December 13, 1993 5 0 v Christopher Krohn. 1585 Ridge Avenue, agreed with Ms. McCarthy and elaborated on the safety concerns that the residents of that building had if the mail boxes were moved as proposed. Caroline Procholska. 1735 Benson Avenue, of Joss Development, the owner of the shops at Benson and Clark explained that tenants of that area had a number of concerns about the proposed district and the disruption it might cause after having been impacted by the CTA renovation. She said that she wasn't clear on how the money would be raised to pay for the proposed improvements. Mr. Barber reminded everyone that the 60 day time period begins today (December 13). He said that the presentation in January would be an informational meeting in which he and Mr. Jenkins would do their best to respond to questions and would make Council aware of the concerns raised at that meeting. He explained that in order to stop Council from creating the district, it would take objection petitions from 51 % of the property owners and 51 % of the registered voters. There being no further citizens signed up to speak, Mayor Morton declared the hearing adjourned at 8:43 P.M. PUBLIC HEARING On Proposed Church/Chicago Tax Increment Financing District Mayor Morton asked the City Clerk to read the following communications from Ron Kysiak and James Matykiewicz: Ron Kvsiak. Executive Director of Evanston Inventure, in his statement said that Evanston Inventure, which is an economic development partnership of Evanston's largest employers and the City, strongly believes in the redevelopment of the Washington National site because of the reduced tax revenue the site will generate because Washington National Insurance Company has vacated its buildings. He also stated that he believed the buildings qualified as a blighted site because of the many structural and other problems with them. He urged Council to use this redevelopment tool that the State has created (the T F) to support the redevelopment of the site. He expressed concern that if this is not done, the site may become Evanston's version of Block 37 in Chicago - an empty space in the middle of the downtown area. James Matvkiewicz. President of the Evanston Property Owners Association, supported the redevelopment of the Washington National Insurance Company (WNI) site, but questioned whether it was appropriate to use a TIF to do so. He also questioned whether the City should participate in the redevelopment without an equity position. Elizabeth Wilson. 1801 Asbury Avenue, President of the Dewey Community Conference, expressed her board's surprise that the City is continuing to support a project that is opposed by the two school districts. She also did not believe that the property could qualify as blighted. She urged Council to consider how twenty years of lost revenue would the schools, before voting on this project. Richard Stillerman. 2330 Park Place, said that WNI's lack of maintenance contributed to the deterioration of the building; questioned whether there should be a TIF on this site and expressed concern that the City will never recover its costs; noted that the school districts will lose tax revenues for up to 23 years; questioned the viability of the project and the depth of the market; questioned whether lenders will look favorably on the project; suggested that by financing the project the City will incur greater costs than it anticipates; suggested that Washington National should accept market value for the site, not the value they have placed on it, and let the market decide how the site should be redeveloped; opposed the TIF as a giveaway with no public benefit; said that the developer should have to prove it has the equity funds available; questioned the Balcor Report tax projections and said that the apartments were too small to be converted to condos; urged Council to disapprove the T1F. Sidnev Zwick. 1720 Washington Street, questioned what the relationship was among the City, the developer and Kane McKenna (the company hired to determine whether the WNI site meets the statutory requirements for a TIF); expressed confusion as to whether the TIF was going to be for $3.5 million or $7.5 million; and announced that he and group had requested that the Board of Ethics investigate whether there exists a conflict of interest on the part 4 December 13,1993 of the Chair of the Economic Development Committee; said that he was not satisfied with the legal opinion written by the City's Law Department on this question and cited a precedent set by former Alderman John Rudy in 1987. He said that he was assured by the Chair of the Board of Ethics that they would act on the request before the scheduled Council vote on January 24. Al White, 2124 Ewing Avenue, suggested that if one wanted an unbiased opinion on conflict of interest, one should seek an- opinion- from the Attorney General's office. He made reference to the Balcor Report and said that the language in it reminded him of a Planned Unit Development (PUD) approved in the 1970's for the site northeast of the WNI TIF site, which he did not believe met the criteria of a PUD, as he did not believe the current proposal met the requirement for a TIF. He did not think that comments made at a public hearing would have any influence on the vote on the TIF and questioned why it was scheduled at this time. He also noted that WNI had gotten a 50 % reduction in the property taxes several years ago from the County Assessor. He questioned whether the scope of the Balcor Report had been thorough enough to give a proper evaluation and urged Council not to commit public money to a private developer. Daniel Wilson, 1801 Asbury Avenue, noted that if the property has become obsolete it is because WNI consciously chose not to maintain it and now they want the City to pay for it. It should be their problem and not ours. He suggested that since the buildings are obsolete, the real value of the property is in the land and felt that WNI should pay to have them demolished. He noted that the look of the project had improved, but felt it was still too tall. He suggested that if the City supports this project financially, it should have an equity share in it and more input into how it looks. The pro forma financials show that without the City's participation, the finances don't work. He expressed concern that the Balcor report does not address the financial returns and risks to the City from participation in this project and hoped that it will not cast a financial shadow over the City. Neil Elliott, 732 Michigan Avenue, said that he had visited the WNI buildings a number of times and knew several people who had worked there, but had never heard any complaints about the buildings. He questioned whether the project should proceed when the John Buck Company is unable to finance the project without City help. He threatened to institute legal action against members of this and the previous Council if the TIF is approved, questioned their integrity and alleged that an alderman had a conflict of interest. Paul Fisher, 1123 Hinman Avenue, disassociated himself from the previous remarks, but questioned whether recent market decisions in Evanston were being driven by the market or by tax policy. He felt that recent economic development discussions had not been about good development or bad development, but rather political considerations and suggested that the City should wait for a development that could stand on its own. He expressed concern that the TIF ordinance had been stretched to fit projects that were not contemplated when the State Legislature wrote the TIF legislation. He noted that the legislation was designed to assist development of blighted areas and he felt this project did not meet that criteria. He also felt that the issue was one of appropriate tax policy. Mary Singh, 1711 Hinman Avenue, said that she had read the transcript of the Joint Review Board meeting and noted that both representatives of the school districts indicated by their votes that they did not believe this property qualified as TIF area. She questioned the definitions used by Kane McKenna in their review of the TIF eligibility criteria and noted that if an old building is not maintained, it deteriorates and becomes obsolete. She questioned when and why WNI chose to no longer maintain the buildings and noted that the company appeared to be solvent when it told its stock holders it had $20 million available to spend on a new building. She pointed out that paying for maintenance is a kind of tax a responsible property owner puts on himself and felt it insulting for someone who did not maintain their property to be rewarded by City Council. She suggested that Washington National put up a "for sale" sign and see how the market responds. Charles Remen, 1316 Judson Avenue, felt that the current proposition is an abuse of the TIF legislation, establishes an undesirable precedent and should not be public policy. He noted that the legislation was not written to help the corporate land owner who did not maintain his property. He felt there was insufficient financial information to make an informed decision on the proposition and insufficient information about its impact on property tax revenue December 13, 1993 Q 3 when the project is completed. He said that there was not a dollar goal or a tracking mechanism for this project and these needed to be addressed in order to develop the public support necessary. He also suggested that the availability of financing would be enhanced of the owner had greater equity in the project. He urged that the City be more judicious about granting TIF status. He also felt that there was no basis for investigating an alleged aldermanic conflict of interest. Mayor Morton thanked all those who commented at both public hearings. Mayor Morton declared a recess at 9:40 P.M. and the Council reconvened at 10:00 P.M. %-.t jL e,- v COMMENT: Eunice Collins, 714 Milburn Street, a Public Affairs Director for Commonwealth Edison, and a member of the First Night Board, urged Council's support of First Night, and to join with other corporations, local businesses and Northwestern University in providing financial support for this community event. This event will showcase Evanston at its best and promises to bring the City benefits well beyond the occasion itself. She noted that Com Ed has asked its Evanston employees to augment its contributions by giving three hours of volunteer time on New Year's Eve. She requested that Council grant the financial assistance necessary to help ensure that this would be a successful event and urged them to join everyone in celebrating the season and pleasures of living and working in Evanston. Andreae B. Davis, 1625 Ashland Avenue, said that for the last 18 months of his 32 year residency in Evanston, he has been "shaking the can" fundraising for this event - which he feels will be a sensational event in his hometown. He pointed out that with the enjoyment of the celebration comes an obligation as well. In the Fast Night charter it says all artists must be paid and reminded Council that there are other expenses for the event, such as printing buttons, flyers and the cost of fire works. His fear was that if the event does not get the support it needs, First Night 1994, may be the last First Night. He noted that both the State of Illinois and the City of Chicago spend millions of dollars to attract tourists and to create events that encourage people to come there. He urged Council to show its support this event by waiving all the City fees requested and said that First Night exemplifies all the intangibles that make this community great, such as the arts, its commitment to family and an old tradition of non - alcohol. He noted that by supporting the requested fee waiver, Council would be matching or exceeding the contributions made by private corporations - some of whom aren't even in Evanston. COMMUNICATIONS: City Clerk Davis reported that she had received two communications from the Illinois Department of Revenue reporting that sales taxes had been collected in the month of October in the amount of $401, 622.26 and Auto Rental Taxes had been collected in October in the amount of $1,958.35. Alderman Drummer referred these communications to the Finance Director. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Drummer moved Council approval of the Consent Agenda, with the following exceptions: Docket 266- 11B-93: Waiver of Fees for First Night and Docket 269-11B-93: Ordinance 134-0-93 - Decrease in Class D Liquor Licenses - Luciano's - 2676 Green Bay Road. Seconded by Alderman Heydemann. Roll call. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Voting nay - none. Motion carried. (9-0) MINUTES: * The minutes of the regular meeting of November 22, 1993, as submitted in writing to the members of the City Council. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (9-0) V11 6 December 13,1993 ADNE IISTRATION AND PUBLIC WORKS CONE%ff TEE: BELLS AND PAYROLL * Approval, as recommended, of City of Evanston bills for the period ending December 14, 1993; for City of Evanston payroll for the period ending November 28, 1993; and that their payment be authorized and charged to the proper• accounts, summarized as follows: City of Evanston bills $ 7,871,572.93 City of Evanston payroll $ 1,209,695.74 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) i 6. al:_XI_ * Approval of the proposal of 3D Design Studio for Group A projects at a total cost of $5,650; and the proposal from Douglas Hills Associates, Inc., for Group B projects at a total cost of $7,750 with a total cost for these services of $13,400 for landscape design services at various parks. (Non -bid item, requires a 2/3's majority vote.) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #1 to Glenbrook Excavating & Concrete Inc., for the 1993 Watermain Replacement Program in the amount of $11,400. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the proposal from Friedman, Eisenstein, Raemer and Schwartz to conduct the City's Year-end Audits at a cost of $38,000 for 1994, $40,000 for 1995 and $42,000 for 1996. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) Docket 266-11B-93: Waiver of Fees for First Night - Consideration of a request from First Night of Evanston that the City Council waive those City Department costs associated with First Night activities on December 31, 1993. Alderman Heydemann, Chair of the Administration and Public Works Committee, announced that this docket item had received a tie vote in committee. (Alderman Heydemann is unable to vote on the issue because she is a member of the organizing committee.) Mayor Morton announced that if this receives a tie vote on the floor of the Council, she will be unable to break the tie because her name appears on the letterhead and that might be considered a conflict of interest. Alderman Newman moved that Council waive $5000 in fees for the First Night Festival. Seconded by Alderman Guthrie. Alderman Newman thanked the First Night Committee for all their efforts and all the money they have raised.. He said that a great deal of City staff time had gone into planning the event and that Council was very supportive of it. But he felt that there were broader policy issues to consider since many worthy organizations come before the Council asking for a fee waiver and that was why he could only support waiving $5000 in fees instead of the $7800 requested. Alderman Feldman said that the committee had heard a wonderful presentation about First Night at committee and received the explanation why they were asking for the amount of support they were. However, he pointed out that people don't always get what they want and felt the $5000 fee waiver represented a significant demonstration of support. He was pleased that the City could contribute to First Night and said that he planned to attend. Alderman Drummer moved a substitute motion to suuoort First Night's initial reauest to waive fees in the amount of $7900. Seconded by Alderman Moran. He said that the Council had heard statements in support of this event from people representing nearly every group in the community and could not remember when an event had such broad -based support. He thought that about $2000 in staff time had been spent since this request was presented to Council. He pointed out that there had been an outpouring of support for the event from businesses and citizens 7 December 13,1993 510 and noted that some businesses could incur more than $7000 in potential risk for making their facilities available for the event. He did not understand how aldermen who professed to support the event refused to support the entire request and felt they would have to explain that refusal to their constituents. He felt the event offered an excellent alternative to the more usual New Year's Eve events that could tend to get out of hand and was a wonderful way to promote Evanston. He noted that some aldermen were considering a promotional film about Evanston that was estimated to cost $10,000 and suggested that this event was a way to promote the City for only $7000. This was also a way to do something for the businesses in Evanston, who have demonstrated their commitment to the event by their contributions. He suggested that by reducing the amount of the fee waiver, Council may be limiting the number of scholarships that can be given out. He urged Council to support the fee waiver originally requested and not to play games with it. Alderman Moran said he supported the fee waiver request as first presented and felt it unfortunate that an alternative proposal had been presented for a lower amount. If the rationale behind that proposal is to avoid setting a precedent, then he felt Council was making a mistake. He said that First Night is a showcase for Evanston and the City's opportunity to show people within and without the community what is special in Evanston. He questioned why people wanted to "nickel and dime" this event, rather than supporting a waiver of entire amount requested. He said that he strongly supported waiving the $7800 requested, but would support the waiver of a lesser amount. Alderman Feldman sought clarification about whether the event would provide food and whether the musicians were already engaged and questioned why it had been suggested that a lack of City support would impact scholarships. He said that he could not defend the amount of $5000 on a rational basis, except to say it "felt comfortable," and noted that the amount was a long way from what he originally considered. He questioned how those who favored giving First Night the entire amount requested, could feel that those who supported a lesser amount were opposed to the event. He suggested that there are many corporate and community events that take place without ever coming to Council for a fee waiver. He said that he supported the event and would attend. Alderman Newman felt that $5000 was a fair compromise and that Council could either support it or wait for the legal opinion requested in committee as a condition for approving the higher amount. He made reference to a recent Council action where it acted to waive $15,000 in fees for a project that will bring $250,000 a year in increased taxes and noted that it was characterized as a giveaway. The test suggested for that fee waiver, was whether the project would go forward without this waiver and felt that this event did not meet that test. He said that other groups request fee waivers and do good for Evanston. He noted that when he requested extra police for the Ethnic Arts Festival and the Lake Shore Arts Festival, he was told they would have to be paid for out of the festivals' budgets. He agreed that $5000 was an arbitrary amount, but felt it was a fair compromise. He asked if anyone wanted to hold this over and get a legal opinion. In response to a question from Mayor Morton, Alderman Newman clarified that he did get some of what he requested (for the two lakefront festivals), but did not get as much as he felt they needed because no other money was available. Mayor Morton noted that this had not bee a decision of the Council. Alderman Drummer noted that the City incurs costs for both the Ethnic Arts Festival and the Lake Shore Arts Festival. In response to his question, Director of Parks and Recreation, Don Wirth, explained that the regular police protection was done at no additional cost, but that extra police involved some additional costs. He estimated that direct costs for the Arts Festival ran about $2000 - $3000. Alderman Drummer noted that the City waives fees all the time for events, such as these two festivals and the Fourth of July. He felt that the $7800 fee waiver request represented an estimate of real costs and that the $5000 figure was arbitrary. He noted that Evanston citizens are known for voicing their opinion when they are opposed to something and noted that the only citizens who had voiced their opinions had been in favor of waiving the entire amount. Alderman Guthrie observed that all the aldermen appeared to favor this event, but the question was their level of commitment. She noted that the $7800 fee waiver request had gotten a 4-4 vote in committee, but it appeared that the $5000 fee waiver motion had wider support. Alderman Guthrie called the question. Seconded by Alderman Engelman. Motion carried. Vote on the substitute motion to waive $7800. Voting aye - Moran, Engelman, Drummer and Guthrie. Voting nay - Holsman, Feldman, Newman and Kent. Motion failed. (4-4) (Alderman Heydemann abstained due to a possible conflict of interest.) \\ 8 December 13,1993 Vote on the main motion to waive $5000 fees for First Night. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie and Kent. Voting nay - none. Motion carried. (8-0) (Alderman Heydemann abstained due to a possible conflict of interest.) * Docket 278-12A-93: Resolution 113-R-93 - Renewal of Lease for Congressman Yates - Consideration of proposed Resolution 113-R-93, by which the City Council would authorize the City Manager to renew the lease of Congressman Sidney R. Yates for Civic Center office space during the period January 1 to December 31, 1994. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Docket 279-12A-93: Resolution 114-R-93 - Renewal of Lease for Representative Schakowskv - Consideration of proposed Resolution 114-R-93, by which the City Council would authorize the City Manager to renew the lease of State Representative Janice D. Schakowsky for Civic Center office space during the period January 1 to December 31, 1994. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Docket 280-12A-93: Ordinance 138-0-93 - 4-Wav Stop - Elmwood/Crain - Consideration of proposed Ordinance 138-0-93, by which the City Council would amend Section 10-11-5, Schedule V(D), of the Code of the City of Evanston to establish a Four -Way Stop at the intersection of Elmwood Avenue and Crain Street. * MARKED INTRODUCED - CONSENT AGENDA * Docket 281-12A-93: Ordinance 139-0-93 - 25 MPH Speed Limit - Isabella and Harvard - Consideration of proposed Ordinance 139-0-93, by which the City Council would amend Section 10-11-1, Schedule 11(B), of the Code of the City of Evanston to establish a 25 mph speed limit on Isabella Street between Highland Avenue and Green Bay Road and on Harvard Terrace between Asbury and Ridge Avenues. * MARKED INTRODUCED - CONSENT AGENDA * Docket 282-12A-93: Ordinance 140-0-93 - No Parkine Zone on Park Place - Consideration of proposed Ordinance 140-0-93, by which the City Council would amend Section 10-11-8, Schedule VIII(A), of the Code of the City of Evanston to establish a No Parking Zone on Park Place east of Hurd Avenue. * MARKED INTRODUCED - CONSENT AGENDA * Docket 283-12A-93: Ordinance 141-0-93 - Adding to ROPD #5 - Callan north to South Boulevard - Consideration of proposed Ordinance 141-0-93, by which the City Council would amend Section 10-11-18, Schedule XVIII(I), of the Code of the City of Evanston to add a portion of Callan Avenue north of South Boulevard to Resident Only Parking District #9. Also included is a recommendation to allow employees of businesses adjacent to the District to purchase permits for this District. * MARKED INTRODUCED - CONSENT AGENDA * Docket 284-12A-93: Ordinance 142-0-93 - Loading Zone Hours - Church - Chicago to Hinman - Consideration of proposed Ordinance 142-0-93, by which the City Council would amend Section 10-11-7, Schedule VII(B), of the Code of the City of Evanston to change the times the existing Loading Zone is in effect on Church Street between Hinman And Chicago Avenues. * MARKED INTRODUCED - CONSENT AGENDA December 13, 1993 0 1 * Docket 268-11B-93: Ordinance 132-0-93 - Vacation of Portion of Alley - 2010 Grey Avenue - Consideration of proposed Ordinance 132-0-93, introduced on November 22, 1993, by which the City Council would vacate a portion of the alley north of Foster Street and west of Grey Avenue to allow for the construction of a garage on the property at 2010 Grey Avenue. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Docket 271-IIB-93: Ordinance 135-0-93 - Sale of Permits for Lot #60 - Consideration of proposed Ordinance 135-0-93, introduced on November 22, 1993, by which the City Council would amend Section 10-11-11, Schedule IX, of the Code of the City of Evanston to allow for the sale of parking permits in Parking Lot #60, 1234 Chicago Avenue. * ADOPTED- CONSENT AGENDA MOTION AND ROLL CALL (9-0) PLANNING & DEVELOPMENT COMMITTEE: * Docket 285-12A-93: Ordinance 137-0-93 - Proposed Moratorium on Landmark Buildings and Properties - Consideration of proposed Ordinance 137- 0-93, by which the City Council would impose a 90-day moratorium on alterations and demolitions of Evanston Landmarks disapproved by the Evanston Preservation Commission and subdivision on Evanston Landmark sites. * MARKED INTRODUCED - CONSENT AGENDA Alderman Newman moved to Suspend the Rules in order to adopt an ordinance the same night it is introduced. Seconded by Alderman Engelman. Motion carried. No nays. Alderman Newman moved Council adoption of proposed Ordinance 137-0-93, introduced this evening. Seconded by Alderman Engelman. Roll call. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Voting nay - none. Motion carried. (9-0) OTHER CObIlMPITEES: * Docket 286-12A-93: Subordination Agreement with Reba Place Day Nursery - Consideration of a recommendation that the City Council authorize the City Manager to execute a Subordination Agreement with the Reba Place Day Nursery with regard to a mortgage instrument placed on property acquired with Community Development Block Grant Funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) REPORT OF THE STANDING CObE%HMES ADMINISTRATION AND PUBLIC WORKS: Docket 270-11B-93: Ordinance 133-0-93 - Increase in Class C Liquor Licenses - Luciano's - 2676 Green Bay Road - Consideration of proposed Ordinance 133 0-93, introduced on November 22, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to increase the number of Class C Liquor Licenses in effect by one to allow for the issuance of a License to Luciano's Restaurant, 2676 Green Bay Road. Alderman Heydemann moved Council adoption of proposed Ordinance 133-0-93. Seconded by Alderman Engelman. Roll call. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann. Voting nay - Kent. Motion carried. (8-1) )� 10 December 13,1993 Docket 269-11B-93: Ordinance 134-0-93 - Decrease in Class D Liquor Licenses, - Luciano's - 2676 Green Bav Road - Consideration of proposed Ordinance 134-0-93, introduced on November 22, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to decrease the number of Class D Liquor Licenses in effect by one to reflect the change in License Class of Luciano's Restaurant, 2676 Green Bay Road. Alderman Heydemann explained that this had been removed from the Consent Agenda so it could be voted on after voting on Ordinance 133-0-93. If 133-0-93 had failed to pass, it would have left the restaurant without a liquor license. She moved Council adoption of proposed Ordinance 134-0-93. Seconded by Alderman Drummer. Roll call. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Voting nay - none. Motion carried. (9-0) HUMAN SERVICES COMMITTEE: Docket 287-12A-93: Township Bills - Consideration of a recommendation that the City council approve the Township Bills, payroll, and medical payments for the month of November 1993 in the amount of $118,928.12. Alderman Guthrie explained that the Township Bills were removed from the Consent Agenda because the Committee wanted to apprise Council of some issues. She explained that as aldermen of a city that is coterminous with its township, they sit as the Town Board of Trustees and have the responsibility of overseeing the town budget and its implementation. She noted that the Town Trustees had questions about budget items, overruns and checks cut and sent out without Trustee approval. She said that the committee congratulated Supervisor Payne on the extraordinary work she had done with that office, but reminded her, as well as themselves, that they all had certain legal responsibilities in this situation. Alderman Guthrie moved Council aunroval of the Townshiv Bills. Seconded by Alderman Drummer. Alderman Kent expressed his disappointment with the Human Services Committees for engaging in what he characterized as a "witch hunt" against the Township Supervisor. He took issue with the memorandum issued with a list of questions from the committee. He felt that the committee owed the Supervisor the same respect they showed the Mayor. He wondered how they could say what a good job she is doing and then raise issues such as a $57 bill to a flower shop. He also said that the Township had announced that it was moving in September and wondered why, when there were problems with their offices, that other space could not be found for them on another floor. He felt that the memo was insulting and that the Supervisor deserved an apology. Alderman Drummer questioned whether Alderman Kent was fully aware of all the issues and noted that if he were, he would understand why the questions had been raised. He said that the questions raised in the memo were legitimate and the list resulted from not having a representative available to answer questions for several meetings. He explained that the committee wasn't questioning the move, but the fact that there was no budget for that move and that a check for $14,000 had been written as part of that move, without Trustee approval. He noted that state law requires that anything that is purchased costing over $5000 is required to be put out for bid. He emphasized that the Mayor has no authority to purchase something without going to bid and would have to answer to Council, just as the Supervisor has to answer to the Trustees. He said that the questions were part of the Trustees' legitimate auditing functions. Alderman Moran clarified that the memorandum relating to the questions asked of the Township about the bills list and check register was forwarded unanimously by the committee. He noted that Alderman Feldman had not been present at that meeting, but recalled that he, along with the other committee members had been very disappointed at the meeting prior to that, that the Township had again chosen not to send a representative to respond to the committee's questions. Alderman Moran felt that those questions needed to be asked as part of the Trustee's lawful auditing function. He pointed out that the whole committee was disturbed that no one had been made available to respond to questions and said that the executive director had sent a memo to the committee that she chose not to send a representative. He also noted that memos had been sent by the Supervisor indicating that she would respond 11 December 13,1993 �I� to certain questions and not others. He suggested that this is a bigger issue than it needs to be and pointed out that the trustees were only carrying out their statutory auditing function. Alderman Newman said that he felt that Supervisor Payne was doing an outstanding job as Township Supervisor and thought she was doing a better job of managing her budget than any other elected or appointed official within the corporate limits Evanston. He pointed out that she had saved so much money that the City was able to use $1 million to offset a tax increase. He said that every taxpayer should be grateful to her. He felt that these questions were holding the Supervisor to a different level of scrutiny than the City Manager and asked what sorts of expenses his office incurs without taking them with the Council. Mayor Morton ruled that the motion on the floor was approval of the Township bills and not the memorandum accompanying them. In response to a question, Alderman Guthrie clarified that the $57 flower shop bill and a $289 reimbursement to a staff person were the only two bills that had been removed from the bills list. Alderman Drummer clarified that the committee was not questioning the expenditure of the money, but since these two bills appeared to be outside the scope of normal Township expenditures and the normal payment cycle, the committee just wanted to know what the expenditures were for. Mayor Morton directed that the discussion relate to the bills as presented. Alderman Newman moved to include the $57 flower shop bill in the bills list. Seconded by Alderman Kent. City Manager Anderson responded to Alderman Newman's earlier question and said that during his two and a half year tenure, virtually all bills have been posted on the bills list and been subject to questioning by aldermen. Alderman Newman thought that the Supervisor should have the ability to decide when to spend $57 on flowers without having to answer to the Trustees because she is coming in under budget. He said that the Supervisor had agreed to answer questions in writing and questioned the motivations of those who are questioning her. He felt that she was doing a good job - having "cleaned up" the office and cut the rolls during the last two years and a half years. He said that she is the elected Township executive and should be treated as such. He felt there was a better way of handling this situation than sending out such memos. Alderman Kent reiterated that he felt that the Human Services Committee was not dealing properly with the Township Supervisor and felt they owed her different treatment. He did not think that there should be a problem with the Supervisor responding to questions in writing. Alderman Feldman said that it was unfortunate that Council was spending this amount of time on this discussion. He noted that in the absence of a representative of the Township, he could not vote to approve any expenditure on which he had questions that had not been answered. He felt that when the committee recommends passage of a bills list, implicit in that recommendation is that they have given it their due diligence to make sure everything is fine. He had no problem asking the questions in writing and having the Supervisor respond in writing if she did not wish to have a representative at the meeting, but he indicated that he would not approve payment of the bill until a response is received. He noted that if a representative had been present at the last several meetings, the list of questions would have been very short. He pointed out that at the Administration and Public Works Committee, bills list questions are usually responded to by the department head in charge and the question settled immediately. If that can not be done the answer is given in writing at the next meeting. He noted that he was not sure where the line was between what would be considered harassment and the committee members carrying out their statutory duties. He wanted to achieve an appropriate balance between the Supervisor doing her job and the Trustees carrying out their responsibilities and had no wish to have an animosity exist between the two. He felt that the Supervisor was a breath of fresh air and thought she had done a wonderful job with the office, but that did not mean that he felt he could abdicate his responsibility as a Trustee. He noted that former alderman Rainey carefully scrutinized the City's bills list and asked many questions. He felt that the Human Services Committee was doing the same thing and did not believe it had another agenda. He said that it would be a lot easier if someone was available to answer questions when they came up, but they would submit the questions in writing and hold the bills until an answer is 12 December 13,1993 received. He offered his services, or that of the committee chair, to engage in a dialogue with the Supervisor in hopes of ending this acrimony. He said that this was the wrong message to send to the community. He hoped that the Trustees and the Supervisor could work together. Alderman Heydemann said that the Supervisor is a high elected official, but noted that the Trustees also have a fiscal responsibility. She asked the Law Department to provide the copies of the statutory language that spell out the financial, responsibility of the, Trustees. She did not believe that anyone on Council would want the Trustees to abdicate their financial responsibilities or to approve any bill submitted by any staff person just because they have confidence and trust in that staff person. She noted that the City bills list is extensive and wide ranging and that the aldermen have the ability to question each bill and hold them over if they do not get a complete answer about a certain bill. She suggested that the Township set up a system similar to the City's showing the fund the bill is billed to and a brief explanation what it is for. That would establish a procedure which would make the expenditure of tax money more easily explainable to those who pay taxes. Alderman Guthrie said that the only relationship she has had with the Supervisor is a business relationship and as a committee member, she did not feel that she was getting the answers she needed to make the types of decisions she was required to make. She felt the process had become more time consuming than it needed to be. She noted that the committee had been willing to defer to Ms. Payne and put her first on the agenda, so she would not have to sit through other business, but that was not sufficient. She reported that she had joined the Human Services Committee with a great deal of confidence in the Supervisor, but as the relationship was made more difficult, she found her confidence being undermined. Alderman Newman noted that there have been many questions on the City's bills list in A & PW, but usually the bills are not held until the answer is received because they have confidence in the staff. He did not believe that the information on the City's bills list was in any more detail than on the Township bills. He could not remember a meeting where there were 39 questions. He did not feel he would be abdicating his fiscal responsibility by approving the Township bills before getting an answer, because he has the same confidence in the Supervisor as in the City Manager. He felt she should be treated with the same level of respect. He thought that there were too many questions being asked on such a small budget. Alderman Engelman said that there is a procedure to deal with the City bills list, questions are asked, and sometimes bills are held and sometime not. He expressed his respect for the Supervisor and the good job she is doing and will vote to approve those bills recommended for approval by the Human Services Committee because he feels questions will be answered, but he also expressed his respect for the Committee and felt that if they needed questions answered before they approve the bills, he will support them. They should have the right to get answers before they recommend approval of the bills. Alderman Feldman noted that there is a different relationship between a Council and a City Manager, than between a Supervisor and a Board of Trustees, because the City Council hires the Manager. The City Manager carries out the wishes of the Council. There is a greater distance between the Supervisor and the Trustees in terms of policy. The Township Supervisor establishes the policy for her office. He suggested that perhaps Council needed to give closer scrutiny to City bills. Every time it approves bills, it tells the community that it has reviewed them. He noted that the history of the relationship between the Trustees and previous Supervisor had been a difficult one and felt that had some impact on the current situation. Alderman Drummer clarified that the 39 questions on the list were not 39 bills that had been held over, only two bills were taken off the list. He noted that normally Township bills are approved on the Consent Agenda. He could only remember one bill which was held and that was then paid without Trustee authority. He explained that was what created this situation. He emphasized that the 39 questions did not come up at the last meeting, but was an accumulation of questions from the last five meetings. He felt that those questions could have been answered simply and quickly if someone had been present at the meeting to provide those answers. He also pointed out that if the committee is told that there are only two line items that have be expended over 100 % and committee members identify 20 line items expended over 100 %, they will ask about the other 18. If the City Manager were to purchase 13 December 13,1993 ( 6 something for $14,000 without bidding it out, he would be held strictly accountable. The committee is only asking the questions it needs to know in order to serve its statutory function, nothing more. He noted that most of the questions are on things for which checks have been cut already, including the one for $14,000, prior to obtaining Trustees approval for the expenditure. Alderman Newman said that the budgets for both the City and Township are reviewed by the aldermen, are adopted and the City Manager and Supervisor have certain discretion to spend within those budgets. He felt that both bills lists should be subject to the same level of scrutiny. He noted that there are no citizens complaining about the operation of the Township and felt that memo with the bills list was unnecessary. Supervisor Payne asked to address the Council. Supervisor Payne said that on May 17 she had sent a memo to the committee saying that she would not have a representative at the meetings at all times, but she would be happy to respond to any questions. She said that she had every intention of responding to all questions but wished to do so in writing because, in the past, she felt that her comments had often been misinterpreted or misquoted. She said that there are itemized bills for every dollar spent. She explained that in Township policies and procedures there is an entity that allows the Supervisor to purchase floral arrangements for occasions she deems appropriate. She noted that she had paid a small bill early in her tenure without Trustee approval and was told she was not to pay anything without Trustee approval. She requested a legal opinion and received one dated October, 199 1, which said that the Township Supervisor had certain authority. She felt that she had been badgered by the committee for the two years she was an appointed official and had decided that she would not subject herself to the same situation as an elected official. She invited committee members to call with their questions and said that she would respond in writing. She also said that when she is treated like an elected official, she most likely will come back to the meetings. She clarified that the $57 floral bill was for an arrangement that she felt was appropriate to send to Alderman Drummer's family while they were going through a difficult time. She further explained that the $219 reimbursement was for a refrigerator for their new kitchen. Alderman Drummer said that his family certainly appreciated the Supervisor's kindness. He knew that the $57 had a simple explanation and that was all the Trustees wanted to know. It was a bill out of the normal function of the Township and they were not questioning her ability to make the decision to spend it, but only wanted to know what it was for. If she had been available to respond Monday night, the bill would never have been an issue. The other bill they held out was a reimbursement for a staff person and the committee only wanted to know what the staff person was being reimbursed for. He noted that the City budget is scrutinized the same way, even though it has been characterized otherwise. Roll call on the amendment. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Motion carried. Vote on the amended Township bills. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Motion carried. PLANNING AND DEVELOPMENT COMMITTEE: Docket 274-11B-93: Undated Comprehensive Housing Affordabilitv Strateev - Consideration of a recommendation that the City Council approve the Updated Comprehensive Housing Affordability Strategy (CHAS) which is needed in order to receive Community Development Block Grant Funds, as well as other HUD - related housing activities. Alderman Newman moved Council approval of the recommendation. Seconded by Alderman Engelman. Alderman Kent said that he had been responsible for holding it at the last meeting and his concern was whether it was really updated. He felt that it did not reflect some of the success stories in his ward. 14 December 13,1993 Mr. Wolinsld, Director of Housing and Property Services explained that the review process began in February of this year, so there may be some dated information in it, because it represented nine or ten months of compilation. In response to another question from Alderman Kent, he said that changes which reflect new information can be made in the week before it is sent to the Department of Housing and Urban Development. Alderman Holsman urged everyone to read the report because he felt that it shed a lot of light on Evanston's housing stock. He noted that some areas -in his ward -had a fairly high vacancy rate compared to the rest of the City even though rents are among the lowest in the City. He suggested that indicated there were some underlying problems that have not been addressed. He said he would be interested in seeing a CHAS report from ten or twelve years ago because it would be an indication of how things have changed and how well the City is doing. Vote to approve the CHAS - motion carried. No nays. MISCELLANEOUS BUSINESS: Docket 277-11B-93: Resolution 110-R-93 - Council Rule vertainin+3,,_t_o Aldermanic Debate - Consideration of proposed Resolution 110-R-93, as proposed by Alderman Newman, by which the City Council would delete language from the Council's Rules that provides a mechanism for limiting aldermanic speech to five minutes. This matter was considered by the Rules Committee during its November 1,.1993 meeting. The Rules Committee chose to make no change to the existing Council Rule. At the request of three Aldermen, this matter has been placed on the Council's Agenda. In accordance with Council Rule 3.1., which requires that proposed Rule changes be distributed to Council at least one week in advance of the vote thereon, a copy of proposed Resolution 110-R-93 and a descriptive memorandum were transmitted to Council on November 11, 1993. Alderman Newman moved to table this docket item. Seconded by Alderman Kent. Motion carried. No nays. APPOINTMENTS: Mayor Morton asked for Council confirmation of the following appointments: Louise V. Sanborn, 1624 Chancellor Street, Environment Board for term ending December 31, 1997 Brian Charron, 1204 Madison Street, Cable Commission for term ending December 31, 1996 Sarah Stegemoeller, 812 Monticello Place, Plan Commission for term ending December 31, 1996 Jerry B. Wallack, 3030 Grant Street, Plan Commission for term ending December 31, 1996. Alderman Feldman moved Council approval of these nominations. Seconded by Alderman Moran. Motion carried. No nays. Mayor Morton introduced the following names for appointment: John Wertymer Robert A. Creamer Arts Council Board of Ethics E 1 15 December 13, 1993 MAYOR ANNOUNCEMENTS: Mayor Morton announced that there would be Closed Session to deal with pending litigation and land acquisition. CALL OF THE WARDS: Alderman Feldman called attention to the beautifully bound volume containing his report on the National League Cities Leadership Summit and urged their attention to it. He said that he would welcome feedback on it. He noted that Michelle Gordon, Aldermanic Secretary, had worked very hard to compile it in one day, so it would be available for the meeting. He complimented her for her efficiency and competency and said it ought to be recognized. Alderman Newman said that about last year at this time there was an article in the Chicago Tribune which cited a certain increase in crime in Evanston. He reported that he had just reviewed the latest crime statistics and noted that there has been a decrease in armed robbery in Evanston from about 190 in 1992 to about 125 in 1993, which shows about a 35 % drop. He felt that the Tribune owed Evanston an article on the front page of the Chicagoland Section about this decrease. He said that Evanston was a very safe place to live and a wonderful place to raise a family and felt Council needed to promote it. He asked for the Mayor's help in doing this. Alderman Newman took issue with some of the comments made during Citizen Comment and reminded everyone that the Board of Ethics should not be considered a political football. He felt that there should only be referrals to that Board in the most serious of circumstances. He found the personal comments made about an aldermen to be most distasteful. He felt that he deserved better than to be personally attacked and he regretted that it had occurred because of the possible affect it could have on the alderman's livelihood and family. Alderman Drummer said that he considered himself a Black Will Rogers, who hadn't met a man he didn't like,a but alerted anyone who felt like attacking him that he would not permit that to happen without rebuttal. He wished everyone a Merry Christmas and a Happy New Year filled with health and success. Alderman Guthrie said that she is frequently kidded about being a politician, but always corrects that notion by saying that she is an elected official - and there is a difference. She noted that one of the things Evanston government prides itself on is the contrast between it and our large neighbor to the south. People familiar with politics in Chicago expect Evanston to function the same way. But, as a long time Council watcher, she has never seen anything done here that is illegal or unethical. When people become aldermen they realize that members of Council will disagree, but that it can be done civilly. When we disagree, that does not mean that one is wrong and one is right. There is a lot of room for compromise between the polarities. She expressed regret that one of the most vocal critics of the aldermen was from her ward, but was pleased to see that the speakers after him disassociated themselves from his remarks. She wished everyone happy holidays. Alderman Heydemann reported that the ETHS Drama Department had put on a performance of "The Piano Lesson," and said that it was a wonderful production. She was sorry that it had not received much publicity, because she believed that ETHS was one of the first high schools in the country to be given performance rights to that August Wilson play. She promised that she would alert the Council in advance about future productions. Alderman Kent made a reference to the City -School Liaison Committee to consider drawing uv a list of schools that suffer from poor outside lighting. He noted that at the school where he is employed there had been a few incidents, such as purse snatchings, because of the poor lighting. He asked that the committee discuss how to alleviate the problem. He thanked all those who had donated to the "In the Spirit of Thanksgiving" food drive and reported that about two hundred people had been served. He was pleased to report that residents of Over the Rainbow had made a sizeable donations of canned goods. Alderman Moran wished everyone a Merry Christmas and a Happy New Year. Alderman Engelman thanked Alderman Newman and Guthrie for their comments. He said that he did not wish to comment further on the innuendos and misstatements of fact that were made by certain individuals during Citizen \� 16 December 13,1993 Comment, because it would give them more credibility than they deserved. He reminded everyone that there would be an Economic Development Committee meeting on December 15 at 6:30 P.M. He asked anyone who had questions or issues related to the Research Park that they wished to review at the January EDC meeting, to get them to the committee, so it would to ready to address them. He thanked Alderman Newman for inviting everyone into the First Ward for the lighting of the Menorah in celebration of the Festival of Chanukah. He wished everyone happy holidays. Alderman Holsman reported that the Clyde-Callan-Brummel neighbors had held another meeting and noted that their numbers are growing. The group is in the process of developing recommendations to bring to the City. Alderman Holsman also reported that residents in the Howard/Hartrey area had met with representatives of Dayton Hudson to review their concerns and to make sure they are addressed as promised. Alderman Holsman also reported that he had attended a meeting on the regional economic outlook recently and said that it was very interesting and informative. He encouraged people to contact the Chamber of Commerce for materials that were presented at that meeting. He wished everyone happy holidays. Mayor Morton reported that the Nissan dealer on Chicago Avenue served the homeless during Thanksgiving. She and Alderman Guthrie both attended. She said that he put out an elegant spread and also distributed knitted caps and some other things. She noted that was a wonderful example of the type of fellowship we all want. Mayor Morton noted that this evening had not been the Council's forest hour for interpersonal relationships, but everyone is entitled to 'one goof-off" and now Council has had its quota. She felt that Council also had to listen a great deal of misinformation that it could not respond to at Citizen Comment and expressed concern that it had gone out over the cable TV. She asked the City Manager to make sure that this would be the last time Council had this such a full agenda at the meeting before Christmas. She felt that having two public hearings was too mach. She hoped that next year the agenda would permit a much shorter meeting. Alderman Feldman requested a point of personal privilege. He said that tonight everyone had witnessed what is best and worst about this community. The best was people coming to communicate their views on issues they care about and the worst is people making statements they know can't be corrected or refuted at this point, they continue to spew venom and innuendo in an attempt to destroy people, and some people believe what they say. This community is not one that should allow that to occur. There is no one on Council for any other reason but to work for and serve the community. He expressed concern with a press release that had been issued by some citizens containing a series of false accusations and misstatements. He felt that someone needed to step forward and say that we don't do that in this community. He apologized for the community. Alderman Newman noted that there had been some confusion at the TIF hearing about the amount of money being considered for the TIF and asked that it be cleared up. Alderman Engelman said that the resolution that Council passed authorized a contribution of no more than $3.5 million. City Manager Anderson clarified that the interest on the bonds is not a contribution to the project, but a cost the City incurs in order to make the contribution. It has been included in all the TIF calculations. Mayor Morton suggested that perhaps all the documents for any major project be made available to the public in the City Clerk's office in a large binder, so the public can study it, have the correct information and there won't be so much confusion in the future. Alderman Heydemamn moved that Council recess into a Closed Session to discuss the pending litigation and land acquisition. Seconded by Alderman Moran. Roll call. Voting aye - Moran, Engelman, Holsman, Feldman, Newman, Drummer, Guthrie, Heydemann and Kent. Motion carried. (9-01 Council recessed into Closed Session at 12:20 A.M. and reconvened into Open Session at 12:29 P.M. There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn. The Council so moved and adjourned at 12:30 P.M. KIRSTEN F. DAVIS CITY CLERK