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HomeMy WebLinkAboutMINUTES-1993-01-11-1993lil CITY COUNCIL OF E Y4,Y O CO. January 11, 1993 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration & Public Works Alderman Wollin Alderman Esch Alderman Newman Alderman Rainey Alderman Nelson Alderman Paden Human Services Alderman Moran Alderman Washington Alderman Fiske Alderman Drummer Alderman Davis Alderman Feldman Planning & Development Alderman Heydemann Alderman Engelman Alderman Kent Alderman Warshaw Alderman Brady Alderman Lanyon The OFFICIAL REGULAR MEETING of the City Council was. held on Monday, January 11, 1993 at 9:14 P.M. in the City uncil Chamber. a . ROLL CALL - PRESENT: Alderman Esch Alderman Heydemann Alderman Lanyon Alderman Kent Alderman Moran Alderman Nelson Alderman Wollin Alderman Engelman Alderman Rainey A Quorum being present. ABSENT: None TARDY: None PRESIDING: Mayor Joan W. Barr ANNOUNCEMENTS: Alderman Lanyon Alderman Feldman Alderman Warshaw Alderman Fiske Alderman Newman Alderman Paden Alderman Drummer Alderman Davis Alderman Brady City Manager Eric A. Anderson announced that there would be no refuse pickup on Monday, January 18, 1993 because of the Martin Luther King, Jr. holiday. Monday routes would be picked up on Tuesday, Tuesday routes on Wednesday, etc.. In response to a question from Mayor Barr, he said that January 18 would a parking holiday. 19 CITIZEN COMMENT: Robert Creamer, 1101 Ridge Avenue, Executive Director of Illinois Public Action Council said that the organization h represented was very disappointed with the Task Force's recommendations. He suggested that if IPAC had taken as timid position as the Task Force and had not battled Commonwealth Edison (Com Ed) in the legislature and the courts, the rate payers of Illinois would have paid $3.7 billion dollars more in utility rates during the last five years. He said that power is not surrendered without a struggle, and that is particularly true of power companies. He noted that several members of the Task Force were concerned about what not signing the agreement might cost Evanston, but characterized those costs as nickels and dimes compared to what could be saved by obtaining electricity from alternate sources. He suggested that electricity in Evanston would be 20-30% cheaper if the city were to purchase the distribution system and buy power at wholesale cost from Com Ed and cited Naperville and Winnetka as examples of communities which do so. He pointed out that the Task Force had been appointed three years ago and suggested that should have been ample time to study alternatives and felt that the City should have been ready to implement those alternatives at this point. He suggested that it would cost the rate payers of the City $10415 million for each year that. the City does not municipalize. He questioned the wisdom of binding a future Council to the 75 day opt -out period and predicted that if this agreement adopted by Council this evening then that is the last anyone will hear of energy alternatives in the next five years. Dick Stillerman, 2330 Park Place, quoted from Supreme Court Justice Michael Bilandic's opinion in the Arlington Heights case that affirmed the right of municipalities to charge fees for use of their rights -of -way. He suggested that ruling gave Evanston a strong case for charging fees for Com Ed's use of the City's rights -of -way to off -set any charges for electricity for municipal buildings. He said that agreeing to extend the franchise agreement for six years, with a tie-in to a fifty-year agreement, would give the City no negotiating leverage, no way to make Com Ed tell the City the condition of their system, no way to induce them to upgrade their system and no way to pressure them into providing a program of energy conservation. He predicted that Com Ed would not give refunds (as ordered in a recent court opinion) unless ordered to do so again by the Supreme Court. He also predicted that they would petition for higher rates again, while continuing V provide poor service. He urged the Council to give the City the flexibility to explore energy alternatives without the tie of a 50-year agreement. He suggested that if the City does not sign the agreement, then the pressure will be on Com to work to keep our business and to give the City the service it deserves. Clifford Wilson, 2301 Greenwood Street, minister of the Mt. Pisgah Pentecostal Faith Church said that most of his parishioners need to spend most of their energy taking care of meeting the basics of life. The franchise meetings are foreign to them, and they are not concerned about them. It also appeared to him that the majority of citizens are also not concerned about them, based on the attendance he has seen at those meetings. He also suggested that the reason for that is because confidence in Com Ed is high and noted that he had only experienced two outages since 1973. Confidence in Com Ed is high and the number of municipalities signing the Northwest Municipal Conference Agreement is high. The reason for this is that Com Ed has worked hard to earn that confidence. He said that he was an employee of Com Ed, and because of that when he attends other churches, people always ask him what is going on. He pointed out that there were not many people from the Westside at tonight's meeting because they were placing their trust in their elected officials to focus on what they consider to be the most important issues - crime, poverty, joblessness and homelessness. He urged Council to sign the agreement and to get on with the real issues. Sidney Zwick, 1720 Washington Street, agreed with Reverend Wilson that he had found a woeful lack of interest and information about this very important issue in the community. He disagreed with the solution. He urged Council to maintain as high a degree .of freedom as possible and immediately to begin a study of the advantages and disadvantages of municipalization. He said that he was beginning a campaign to educate the community on the affect this has on their pocketbook and the reliability of their service. He questioned why it was necessary to spend money on a consultant when many of the things we could find out on our own initiative. He made reference to an article in the Chicago Tribune detailing United Airline's recent responses to loss of business and economic pressure in their business. He felt it contrasted significantly with Com Ed's response to the recent ICC decision to rebate money they were charging the rate payers for th two additional nuclear power plants that are apparently not necessary. He strongly urged Council to preserve the freedor to study municipalization and to study carefully other communities who have done this to see what we can learn from ther without paying a consultant's fee. Mr. Zwick also complained about using the sirens early and late to notify citizens that the City had declared a snow emergency, costing them sleep. He said that it was because city government did not have an adequate way of communicating �v with its citizens. He suggested that if the City exercised a little more creativity, it could persuade WNUR to use the station to communicate with citizens to explain to them why they had to move their cars. He urged the City Manager to contact the public affairs manager to explore using that station as a way to communicate to citizens what they are supposed to be doing. Bill Harteerine, 1821 Asbury Avenue, said that after serving on the Task Force for four years and watching a lot of late night Council discussions, he was struck by how much common ground there was between the major factions on this issue. It is clear to him that they were all looking for an alternative to Com Ed. It is also clear that everyone is interested in following through with studies. It is clear that there are options that the City needs to explore. The issue comes down to how will the City get from here to there, how do we fund what will be an expensive process, and how do we make sure that Mr. Creamer's premonition about not spending money to explore these alternatives, does not come true. He questioned why those who urge that the City go bare are also saying that it won't spend any money. He questioned why, when the City has such a tight budget and has so many things it needs to spend it on, that it would risk losing $1.7 million only to get to the same place. We all want to get to the same place. When we get to that 75 day option, we want to have an alternative to Com Ed. The question is how do we get from here to there and how do we fund it. Alderman Hevdemann moved to extend the Citizen Comment period to permit the rest of the Deovle siened un to sneak to have the onnortunity to do so. Seconded by Alderman Lanvon. Motion carried. No nays. Madeline Bennett, 1302 Hinman Avenue, speaking in behalf of some Dempster area neighbors, told the Council that a majority of neighbors are opposed to a liquor license in the neighborhood. She said that she did not want a Class Q license to be used as an approval mechanism to allow a license where there shouldn't be one at all. She said that what is good for that neighborhood is good for Evanston and noted that the neighbors have always opposed a license for the Blind Faith Cafe because of its proximity to residences. She said that homelife is incompatible with beer delivery trucks and other semis, increased traffic and people who are drinking late at night. She opposed the erosion of peaceful residential life and urged Council to consider that what is good for neighborhoods is a good focus for a decision in this case. David Linschultz,_ 802 Forest Avenue, urged Council to adopt the ordinances creating the Q and R liquor licenses. He felt that they represented an excellent compromise for the City and afforded the residents and the business community a mechanism to resolve the issues which have come before us. He hoped that the ordinances would stand on their own merits and not be confused with other concerns that have been brought up, which are important and valid, but should be taken up in their own context. Ellen Schrodt, 2801 Sheridan Place, spoke in support of the recommendation of the Task Force to extend the franchise for six years. She believed that the six year extension would give the City the opportunity to consider other choices. Operating with no agreement at all did not seem to her to be a businesslike way to run a City, so urged Council to vote to extend the franchise for six years. Rita Reinember, said that she was living in the 124-132 Clyde Building and was upset about what had been going on with the building since she moved in. She cited the management's apparent lack of a building permit during rehabbing, the turnover of property managers and janitors. She said that the building parking lot was sold without proper notice to tenants, which caused her car to be towed. She complained about broken appliances, mice holes, peeling paint, broken plaster, the lack of janitorial service and the lack of compliance with the Burglary Prevention Ordinance. She cited additional problems she had with the management. Mayor Barr asked her to give her written comments to the City Manager so he could follow up on her complaints. MINUTES: Alderman Nelson moved that the minutes of the Regular Meeting of December 14, 1992, as submitted in writing to members of the City Council, be approved without reading. Seconded by Alderman Drummer. Motion carried. No nays. COMMUNICATIONS: City Clerk Kirsten F. Davis reported that she had received a copy of the most recent audit Evanston's expenditures of Illinois Motor Fuel Tax Funds from the Illinois Department of Transportation. The copy is available for review in her office. �1 CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Nelson moved Council approval of the Consent Agenda with the following exceptions: Docket 2-1A-93: Resolution 6-R-93 - Policies on Global Warming; Dock 237-1OB-92: Ordinance 91-0-92 - Increase in License Fees for Restaurants; Docket 276=12A-92: Ordinance 99-0-92 Aggressive Panhandling; Docket 7-1A-93: Architectural Plan Review and Field Inspection Contract and Docket 10-1A-93 Resolution 4-R-93 - Approval of 1993-94 Community Development Block Grant Program Final Statement. Seconded by Alderman Feldman. Roll call. Voting aye - Aldermen Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis and Brady. Voting nay - none. Motion carried. (18-0) Docket 1-1A-93: Proposed 1993-94 Budget - Consideration of the proposed Budget for the City of Evanston for the fiscal year 1993-94. A copy of the City Manager's recommended Budget was distributed on December 31, 1992. Budget review sessions have been scheduled for January 9, 16, 23 and 30, 1993, and a Public Hearing on the Budget is scheduled for February 1, 1993 at 7:30 P.M. Docket 256-11B-92: Ordinance 115-0-92 - Compensation for Citv Clerk - Consideration of proposed Ordinance 115-0-92, introduced on November 23, 1992, by which the City Council would accept the recommendation of the Blue Ribbon Committee on Elected Officials' Compensation to increase the salary of the City Clerk from $25,830 to $36,000. Alderman Warshaw moved Council adoption of proposed Ordinance 115-0-92, which had been amended to make the City Clerk's position a full-time position. Seconded by Alderman Feldman. Roll Call. Voting aye - Aldermen Esch, Heydemann, Washington, Kent, Moran, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis and Brady. Voting nay - Alderman Nelson. Motion carried 1( 7-11 Alderman Bradv made a reference to the Rules Committee to examine whether the position of Citv Clerk should becomPW an appointed position. She said that she was aware that it would have to be done by referendum, but felt that now would be an appropriate time for the Rules Committee and the Council to decide whether this should go to referendum. HUMAN SERVICES COMMITTEE: *Docket 2-1A-93: Resolution 6-R-93 - Policies on Global Warming - Consideration of proposed Resolution 6-R-93, by which the City Council would endorse the recommendations of the Evanston Environmental Control Board and the National Environmental Law Center regarding global warming. Held in Committee for amendment. Docket 3-1A-93: Resolution 8-R-93 - United Nations Efforts in Somalia - Consideration of proposed Resolution 8-R-93, by which the City Council would endorse the United Nations' efforts in Somalia. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-01 Alderman Moran reported that the Committee had received an update on the Community Housing Affordability Study (CHAS); had received an update on regional efforts regarding homeless issues; received an update on the Recreation Departments efforts on behalf of at risk youth; received a report regarding the General Accounting Office's (GAO) study of coordination of services to at -risk families received an update on the Housing and Urban Affairs Department (HUD) continuing review of amendments to Evanston's Fair Housing Ordinance. 5 ADMINISTRATION & PUBLIC WORKS COMMITTEE: y BILLS AND PAYROLL * Approval, as recommended, of City of Evanston bills for the period ending January 6, 1993; for City of Evanston payrolls for the periods ending December 13 and 27, 1992; for City Council payroll for the month of December, 1992; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $ 3,669,913.29 City of Evanston payroll (12/13) 1,395,492.17 City of Evanston payroll (12/27) 1,205,225.06 City Council payroll 6,300.00 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (18-01 PURCHASES: * Approval of the proposal from Criezis Architects for the New Library Plan Review Services at a total base fee of $9,500. (Non -Bid Item, Requires a 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (18-01 * Approval of the low bid from R.F. Idriss Landscaping for Gilbert Park Renovation at a total cost of $7,215.00. BID SUMMARY: Bidder Base Bid Alternate Total Cost R.F. Idriss Landscaping $ 6,810.00 $ 405.00 $ 7,215.00 Evanston, IL Tree & Land, Inc. 10,868.00 562.50 11,430.50 Sheridan, IL Pinel Andrews Construction 12,920.00 506.25 13,426.25 Evanston, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) * Approval of renewal of the contract with Active Service Corporation for Condominium Refuse Collection beginning March 1, 1993 through February 28, 1994 at an annual cost of $272,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0). * Docket 4-1A-93: Resolution 1-R-93 - Permit to Do Work in the State Rights-of-Wav - Consideration of proposed Resolution 1-R-93, by which the City Council would authorize the implementation of an indemnification agreement with the State of Illinois, in lieu of insurance and surety bonds otherwise required, for the City to do work within the State Highway rights -of --way in the City of Evanston.* ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) * Docket 5-1A-93: Resolution 9-R-93 - Intergovernmental Agreement with Chicago Transit Authority for Security - Consideration of proposed Resolution 9-R-93, by which the City Council would authorize and direct the City Manager to execute the Intergovernmental Cooperation Agreement between the CTA and the City to provide security for CIA passengers, employees, and property. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) a� 6 * Docket 6-1A-93: Resolution 10-R-93 - Illinois Department of Transportation Grant Amendment Transportation Center -,Consideration of proposed Resolution 10-R-93, by which the City Council would authorize the City Manager to execute Grant Amendment #2 with the Illinois Department of Transportation which increases the IDOT Grant by $375,000. This increase is the result of additional funding to cover a portion of the costs previously approved in Change Orders #3 and #4. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) Docket 237-1OB-92: Ordinance 91-0-92 - Increase in License Fees for Restaurants - Consideration of proposed Ordinance 91-0-92, by which the City Council would amend Section 8-84 of the Code of the City of Evanston to increase the annual License fees for Food Service Establishments. Alderman Wollin reported that after considerable discussion, the Committee had no interest in increasing the fees for restaurants, but would be introducing the Ordinance in a substantially different form than it was originally presented. She said that the Committee had agreed to charge educational institutions, sorority and fraternity houses the same restaurant fees as are charged for commercial establishments. A clean copy of the Ordinance will be available for the next meeting. Alderman Wollin introduced Ordinance 91-0-92 as amended in Committee. Marked Introduced. Docket 264-11B-92: Ordinance 110-0-92 - Parking System Rate Changes - Consideration of proposed Ordinance 110-0-92, by which the City Council would amend Section 10-11-12, Schedule )M, of the Code of the City of evanston to increase parking rates for on -street and off-street meters. Also included is a recommendation to increase the monthly rates in the Garages and various lots in the Parking System. At the November 23, 1992 meeting, the Administration & Public Works Committee referred this matter to the Mayor's Committee on Parking Needs. Alderman Wollin reported that the Parking Committee was trying to schedule a special meeting to deal with this issue. Docket 276-12A-92: Ordinance 99-0-92 - Aggressive Panhandling - Consideration of proposed Ordinance 99-0-92, by which the City Council would amend Section 9-5-3 of the Code of the City of Evanston to prohibit aggressive panhandling in Evanston. Alderman Wollin reported that the Committee had also discussed this Ordinance extensively. She thanked the Human Services Committee for their memos and the Director of Human Services for the memos reporting on his dealings with the Evanston Ecumenical Action Council (EEAC) and the Northwest Municipal Conference. She said that the Committee urged him to continue to aggressively pursue a regional solution and to try involve our neighbors in addressing the problem. The Committee also asked the Director to look at the voucher system, as it is used in some other cities, as a possible solution for dealing creatively with this problem. They also asked that he explore the voucher concept with EEAC and report back to the Human Services Committee whether EEAC feels that there might be realistic chance of success for dealing with panhandling through a voucher program. Alderman Wollin introduced nronosed Ordinance 99-0-92. as amended by the Committee to add to the penalty of uv to a $500 fine, an alternative of community service. She reminded the Council that this dealt only with aggressive panhandling, as defined in the Ordinance. Docket 261-11B-92: Ordinance 107-0-92 - Class O License - Consideration of proposed Ordinance 107-0-92, introduced on December 14, 1992, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to establish a Class Q Liquor License for the sale of alcoholic liquor in restaurants and limit service hours to between 11:00 A.M. and 10:00 P.M. Monday through Saturday and from Noon to 10:00 P.M. on Sunday. Alderman Wollin noted that the fees to be charged for this license had been left blank and reported that the Committee has amended the Ordinance to include a fee of $2250 for a full liquor license. She moved Council adoption of propo Ordinance 107-0-92, as amended to include the fee. Seconded by Alderman Nelson. e�� In response to a question from Alderman Drummer, Mayor Barr clarified that the Q license would allow full liquor service and t1-tR license would permit service of beer and wine only. She further clarified that the basic idea behind these licenses was toprovide an option to grant liquor licenses to restaurants near residential uses, but to give some degree of comfort to the neghbors because the license will require that liquor service is stopped earlier and late liquor consumers won't be disturlsag the neighborhood. In response to a further question from Alderman Drummer about liquor in proximity to scbo* Mayor Barr explained that there is nothing in the liquor ordinance prohibiting the issuance of licenses within a certain distance from a school. However, she noted that she did consider the proximity of the high school in deciding to deny -aliquor license to the pica restaurant at Dempster and Dodge. She felt it would be easier for high school students to useafalse I.D. to purchase liquor. She felt that it would be unlikely that Montessori students to convince waitresses that they ware 21. Alder -min Drummer said that all sorts of restrictions can be put on businesses, such as not allowing game rooms near schools and he felt those restrictions caused some hardships for businesses. He did not see any difference between that and restrid&g liquor in certain areas. He recalled that when the Blind Faith applied for the special use at their present location, the neighbors had opposed it because of the parking variations requested by the owner. He also thought he recalled that they had pmmised not to seek a liquor license. Mayor Barr clarified that the two ordinances currently under consideration create a category of license that anyone in Evansbn can apply for, and -do not grant any kind of liquor license to the Blind Faith Cafe. - Granting Blind Faith a liquor licensrwill require additional Council action. In response to another question from Alderman Drummer, Mayor Barr said that sit felt that the neighbors and all citizens have the protection of the state liquor statutes and the City liquor ordinances. And aw ordinances are enforced by the police department and by herself as liquor commissioner. Together they investigate any complaints and take action on them. She explained that all applications are carefully reviewed, the applicants investigated and don the Liquor Commission holds their deliberations in public. Aldermn Brady said that there was no doubt that the Blind Faith Cafe was the impetus for these ordinances, and it was felt that doy represented a compromise between in interests of the restaurant and the neighbors. But now the classifications have taken an a life of there own and it has become apparent that they have more universal applications. She cited several restaurants for which one of these categories might have been a more appropriate license to grant because of their proximity to re,4ential areas. While she did not believe that there should be a specific prohibition against issuing licenses within a certaisdistance of schools or residential areas, she agreed that the proximity of a restaurant requesting a liquor license to eitherof those could certainly be a consideration. She felt that these particular classifications would probably stand the City in goad stead in many instances in the future and urged the Council to support them. Alderman Newman questioned whether the City had the legal ability to steer applicants to a certain type of license. Mayor Barr aplained that under the state liquor statues she has great discretion as liquor commissioner and while an applicant might applyiir a particular category of license, she would have the ability to encourage them to apply for this category of license if shellt there was a problem created by a restaurant's proximity to a residential area. She suggested that many applicants wouldprefer to have a liquor license with an earlier closing than no liquor license at all and felt that they would be open to nelptiation. In relnnse to a question from Alderman Feldman, Mayor Barr explained the procedure that applicants go through before the Lit#iror Commission. She reported that in the vast majority of cases, even though public notices go out to the neighkwhood, no one shows up at the hearing to object. She cited the case of the Pizza Hut, which was an exception to that rife, where there were strenuous objections from the PTA and she did not grant the license. She pointed out that the Blind -Faith had not received a license before because of the objections of the neighbors to having a restaurant with a late liquorlicense in the area. She explained that she and former Mayor Lytle had each denied one license and neither denial had p*the City in danger of litigation. Because being granted a liquor license is a privilege, not a right, that gives the liquorcommissioner broad discretion. Alderman Feldman questioned whether the City put itself in jeopardy for litigation by nelliaving specific standards for the denial of a license, such as prohibiting them within a certain number of feet from a resid ntial area or school. He did not feel that a license should only be denied in cases where the neighbors complained, becauw that was a very capricious thing. He urged the Council to create standards, so the law would not have to be reintMmted every time an applicant come before the commission. He felt that the absence of standards and articulated valuesput the City in jeopardy of lawsuits. Alderman Davis reminded him of the difference between a privilege and a right and said that the rationale behind liquor licenses being a privilege, is to allow very broad discretion in granting them. It allows a City to take the health, safety an welfare of a community into account in considering such a license. It allows a license application to be considered in th. context of a particular situation. It allows different factors to be looked at and doesn't tie a license to arbitrary standards She said that there are cities that only grant a certain number of licenses and felt that you couldn't get more arbitrary than to have to rely on someone to go out of business or to move out of town. Alderman Newman said that he tried to separate this issue from the issue of the Blind Faith having a liquor license because he felt that the owner of that restaurant was a good businessman and had made a lot of contributions to the community. He was aware that this licenses categories were created in an attempt to also address the concerns of the neighbors and if the Third Ward Aldermen felt it was appropriate, he was O.K. with him. He suggested that it may have been appropriate if these license categories had been related to a certain zoning classification abutting residential. Then the applicants would have been limited to this class. Considering the City's statutory ability to regulate liquor, it would be able to regulate licenses through the zoning ordinance, such as it does by limiting the sale of packaged liquor to the downtown area. In response to questions from Alderman Rainey, Mayor Barr explained that if holders of previous licenses in establishments abutting residential areas chose to downgrade their license, they could do so, but the City could not downgrade their license upon renewal once another license had been granted. Nor can the City tell a restaurant that has been granted a full service liquor license that it will only grant them a beer and wine license upon renewal. Our ability to encourage applicants to apply for these categories of liquor licenses only extends to new applicants. In response to a further question, she explained that under the ordinance being considered, there is no standard of number of feet from a residential area. Alderman Rainey raised the question whether, if the City establishes standards that address the proximity of a restaurant to a residential area in a new ordinance, would a restaurant which falls under those standards and is renewing its liquor license be subject to those new standards. In response, First Assistant Corporation Counsel Hill said that it would require a comprehensive review of the liquor laws to answer that question. The standards to revoke the license, would be the standards to change the license and a license could only be revoked if the standards are violated. Alderman Heydemann pointed out that the trouble spots in Evanston, such as the Burger King and the White Hen do not hav liquor licenses. All these two new ordinances do are to create two new categories of license and we have time to refine the in any way we want to. Alderman Feldman questioned what standards will be used to encourage applicants to apply for this category of license rather than a late closing license. He expressed concern that equal protection of the liquor laws will not be provided to neighborhoods who may not have residents who are as vocal as in other areas. Mayor Barr explained that the liquor laws were different from other laws in the discretion they allow. She gave the example of the Davis Street Fish Market and Cafe Provencal, both of which are in immediate proximity to residences and pointed out that the City has received no complaints about them. She pointed out that they attract people to Evanston and generate revenue for the City. She questioned why the City should apply the suggested residential standards to these two restaurants when it would not seem to be appropriate to do so based on their past history. Alderman Fiske said that he has supported granting of more liberal liquor licenses in the past, but now that a more restricted license category is available, he would not be as hesitant to vote against the more liberal license under certain circumstances. Liquor licenses can be dealt with in a very subjective way. As a Council we can take responsibility for making subjective judgments about liquor licenses, the appropriateness of such licenses, and make a distinction in the types of license. If the Council denies a more liberal license to a restaurant, it sends a signal to the applicant. To establish rigid standards would unnecessarily restrict Council's authority and freedom to make responsible decisions on liquor licenses. Alderman Drummer felt there was principle involved and said that his vote to grant the spacial use for the Blind Faith a number of years ago had been cast with the understanding that no liquor would be served there. He felt that the Council had been cavalier in the manner in which it regulated businesses near residential areas and cited the case of the printing factory that ran all night in his ward. He suggested that once an establishment is in place, there is little the neighbors do and there is a problem with enforcement. Council has to take into account that each neighborhood is different. He Ithat he could see no protection for the neighbors in this ordinance. 9 In response to questions from Alderman Lanyon, Mayor Barr said that consumption of alcohol (if it is brought in by the patron) in the Blind Faith after 10:30 p.m. was a moot point because the restaurant closes at that time. She said that there is no restriction on consumption of alcohol on those restaurants that do not have a liquor license and people, are permitted to carry in their own alcoholic beverages. Alderman Davis said that the ordinance prohibits the consumption of alcohol after 10:30 p.m. in restaurants holding this license. Alderman Rainey said that when Council began this discussion about expanding liquor categories, she did not feel it was necessary, but she recalled that someone recently had leased a long -vacant restaurant in her ward that is in close proximity to residences and felt that this license category would be very appropriate for them - at least until the City has experience with how this restaurant is run. She urged Council to try to divorce the consideration of this ordinance from the Blind Faith Cafe and to consider it on its own merits. Council will get an opportunity to vote on the Blind Faith's application when it comes before it in the future. Alderman Drummer moved to amend the ordinance to vrohibit the sale of liquor within 500 feet any school. The amendment failed for lack of a second. Roll call. Voting aye - Aldermen Esch, Heydemann, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Paden, Davis, Brady. Voting nay - Aldermen Washington, Kent, Newman and Drummer. Motion carried. (14-4) Docket 262-11B-92: Ordinance 108-0-92 - Class R. Liquor License - Consideration of proposed Ordinance 108-0-92, introduced on December 14, 1992, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to establish a Class R Liquor License for the sale of beer and wine in restaurants and limit service hours to between 11:00 A.M. and 10:00 P.M. Monday through Saturday and from Noon to 10:00 P.M. on Sunday. Alderman Wollin reported that the Committee had amended the Ordinance to set the fee for the license at $1400. With that amendment, she moved Council adoption of proposed Ordinance 108-0-92. Seconded by Alderman Nelson. Roll call. Voting aye - Aldermen Esch, Heydemann, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw, Fiske, Paden, Davis, Brady. Voting nay - Aldermen Washington, Kent, Newman and Drummer. Motion carried. (14-4) * Docket 277-12A-92: Ordinance 100-0-92 - 3-Wav Stov - Hiehland/Thaver - Consideration of proposed Ordinance 100-0-92, introduced on December 14, 1992, by which the City Council would amend Section 10-11-5, Schedule V(C), of the Code of the City of Evanston to establish a 3-Way Stop at Highland Avenue and Thayer Street._ * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) * Docket 278-12A-92: Ordinance 118-0-92 - CTA Agreement for Chicago Avenue Straightening - Consideration of proposed Ordinance 118-0-92, introduced on December 14, 1992, by which the City Council would authorize the City Manager to execute an Agreement with the Chicago Transit Authority to bring about the transactions of certain rights -of -way areas owned by the Chicago Transit Authority and the City of Evanston to accommodate the straightening of Chicago Avenue at Juneway .Terrace. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) t �q 10 Docket 108-5A-92: Ordinance 40-0-92 - One -Hour Limited Parking Zone - Church/Dodee - Consideration of proposed Ordinance 40-0-92, by which the City Council would amend Section 10-11-10, Schedule X(B), of the Code of the City of Evanston to create a one -Hour Limited Parking Zone on the south side of Church Street west of Dodge Avenue. At the October 12, 1992 meeting, this matter was held in committee. No Action PLANNING & DEVELOPMENT COMMITTEE: * Docket 7-1A-93: Architectural Plan Review and Field Inspection Contract .- Consideration of a recommendation that the City Council authorize the City Manager to execute a one-year contract with Criezis Architects for Plan Review and Field Inspections for commercial, industrial, and institutional projects costing in excess of $1,000,000 in construction costs. Alderman Heydemann reported that this docket item had been held in Committee, so they could have a fuller discussion of it, particularly with Alderman Esch. The Committee will meet to discuss this either on January 25 at 7:00 p.m. or on Saturday, January 30 after the Budget Meeting. Docket 270-12A-92: Request for Building Permit Fee Waiver - 1501-19 Darrow Avenue - Consideration of a request from the ten owners of the Darrow -Grove Townhouses that the City Council waive building permit fees for the ten townhouses at 1501A, 1501B, 1507A, 1507B, 1511A, 1511B, 1515A, 1515B, 1519A, and 1519B Darrow Avenue. At the December 14, 1992 meeting, this matter was held in committee. Docket 271-12A-92: Gap Financine for 826 Dobson Street - Consideration of a recommendation from the Evanston Housing Commission that the City Council allocate $19,000 from the Mayor's Special Housing Fund to the Center for the Rehabilitation and Training of Persons with Disabilities for gap financing for the 826 Dobson Street Project. At the December 14, 1992 meeting, this matter was held in committee. Alderman Heydemann moved Council approval of the recommendation. Seconded by Alderman Nelson. Motion carried. No nays. Docket 266-11B-92: Ordinance 105-0-92 - Amending the Sign Regulations - Consideration of proposed Ordinance 105-0-92, by which the City Council would amend Section 4-12 of the Code of the City of Evanston with respect to Sign Regulations. No action. OTHER COMMITTEES: Docket 267-11B-92: Ordinance 111-0-92 - Renewal of Franchise with Commonwealth Edison - Consideration of proposed Ordinance 111-0-92, introduced on November 23, 1992, by which the City Council would extend the City's Franchise with Commonwealth Edison for six years. Alderman Nelson moved Council adoption of proposed Ordinance 111-0-92. Seconded by Alderman Drummer. Alderman Brady asked that City Manager Anderson write a comparison on the board to illustrate the economic impact of going naked - the best and the worst case scenarios. She said that she had found that helpful at the Task Force meeting. At the request of Alderman Rainey, Mayor Barr declared a five minute recess. In response to a question from Alderman Lanyon, City Manager Anderson clarified that approval of Ordinance 111-0-4 would extend Evanston's franchise with CoEd for another six years and adoption of Ordinance ll2-0-92 would adopt the fram Northwest Municipal Conference Model Franchise agreement at the end of that six year period, with a 75-day opt -out period. He explained that in the Capital Improvements Plan, two amounts have been proposed, $200,000 in FY 1994-1995 and 11 I100,(M in FY 1995-96, as part of a bond sale to fund studies recommended by the Task Force. These recommendations are basil on a revenue stream and predicated on the assumption that the City has no franchise agreement. In the best case if them no franchise, there is no disagreement over the Evanston's right to charge for the use of its rights -of -way and ffi*the amount set in the ordinance is the appropriate amount. That would mean no cost of litigation and no cost for munic d electricity. The best case is set up essentially from January 1, 1993 through the end of the next fiscal year. There is a snA gap of approximately a month between the expiration of the franchise and the adoption of the ordinance charging for theme of the rights -of -way that would cost the City approximately $30,000 and would be a one-time charge. There will be an ding expense of $50,000460,000 for electricity for water pumping, if we do not have a franchise. There is a lower rate fo"hat purpose if a City has a franchise. Not having a franchise would generate a loss of $130,000 in the first two years, in best case scenario. Alderrna Newman questioned whether this was not an arbitrary amount, since he thought that he recalled that Corporation Couns&9iegel had said that we could charge whatever we wanted to for use of our rights -of -way if we could provide an expert *tress to support the City's position. Mayor Barr asked that he hold his remarks until the City Manager's presenWon was over. City lniger said that the Ordinance was in place and could not be changed for the first year, but it would require Council actionYwchange it for the second year. In a worst case scenario there would be substantial legal fees because of the disagranents between the City and Com Ed, the City would lose the right to charge Com Ed for the use of its rights -of - way, asllwould lose the dollar amount established by the Council for that use, would lose the savings on the water pumping and world have to pay the legal fees. He suggested that it would be approximately an $800,000 loss. Those estimates are basedwthe best information that we have at this time. Alderamt Brady clarified that these would be the best and the worst case scenarios if Council voted not to sign the franchise agreentat. It is not expected that there will be any cost to the City if it signs the agreement. Alderman Brady suggested that these Alderman who want to go naked should vote against both ordinances, not vote yes on the extension and no on the NV;W,Model Franchise with the opt -out provision. Whether the City goes naked or not it will still have to confront a certainfime-line. Year One is almost gone, during Year Two and Year Three the City will have to do the studies whether we hawa franchise agreement or not. It will probably take close to three years to complete the studies by the time Council workst$rough the process. During Year Four, Council will have to become educated about the results of all these studies and v4lave to educate Evanston's citizens about this issue. She said that while she is absolutely opposed to government by refondum, she can see no scenario where the Council's study and deliberations does not go to the voters. If Council choosato go to municipalization a referendum will be required. If Council chooses to go with the NWMC Franchise Agreeamt, she felt that aldermen would not feel comfortable voting for that without taking it to the voters. What the citizew&ll Council with their votes will determine how it votes, and it will have to follow the wishes of the constituents. This vR be in Year Five and Council would need a long time to educate the voters about all the ramifications of these issues. Perhaps it would also go into the sixth year, although the process might be able to be completed in five. With one year Aiady almost gone, Council will not make a decision for at least four more years. Council will not be in a position to actaa this issue until it has done its work and until the voters have spoken, so she felt that the argument of flexibility does not hid true. If Evanston does not sign the franchise there is a good chance that it will be involved in a court suit very soon. Even at year five or six we may have a law suit, but she would rather have the energies of the aldermen and the Task Forceallevoted to studying the alternatives and the options and not be concerned with a law suit for four years. She made referent to the excellent discussion at the Task Force meeting and supported Alderman Newman's suggestion that the City go toib Illinois Commerce Commission (ICC) and the State Legislature. The Task Force has already made a commitment to ex*e approaching the ICC to speak to them about the issue of reliability. It is time to confront Com Ed on several issuesparticularly the disclosure issue and it is extremely important for the City to approach its State Legislators and ask that t�;propose the legislation that is needed regarding disclosure. It should also discuss the reliability of the system with the Illy She brought these issues up because she was aware that some aldermen are considering voting yes on this ordinme and no on the other, which would send the City back to the negotiating table to try to get something more from Comfit While she would like more from Com Ed, she did not believe that the City would be able to get anything more from Om Ed for a minimum of twenty-four months, because she felt it would take significant action from both the State Legisibre and the ICC before Com Ed will be willing to amend their current position. Different regulations are several yearsAwn the road. That is why it appears that six years is about the right .amount of time for the City to complete its studiea.She did not believe that the City would do anything different whether it has a franchise or not, but it will cost more if weMwaked. The service reliability question will not be answered by going naked or signing the extension. Com Ed has thnsponsibility to service our system and we have to hold them to that. She said that in order to respond to the rumors 12 in the community that the City won't allocate the money to fund they studies, she moved to amend the Ordinance take the . $68.000 allocated in the current budget to fund studies and not used, and include an additional $32.000 to make the fun available a total of $100,000 to conduct studies recommended by the Task Force and avvroved by the Citv Council. Sh asked that the Citv Manager find a source of funding and report back to the Council during the Budeet deliberations. Thi motion would have no impact on the funds already recommended from the Capital Improvement Plan, this would be funding in FY1993-1994. Seconded by Alderman Hevdemann. Alderman Newman asked whether the motion meant that the money would be set aside to be used for studies that would be recommended by the Task Force and subject to Council approval. Mayor Barr clarified that plans would be reviewed before the money would be released for the study. Motion carried. No nays. Aldermean Newman said that every lawsuit has its risks, as does every economic development project. No one can predict how any of it will turn out or how much money something will cost the city. He said that he believed that the City Manager's worst case scenario was flawed, because he felt that the Council could amend the ordinance charging for the use of the City's rights -of -way to increase fees previously established. He felt that there was some incremental chance out of 100 that the City would stand to lose the $300,000. He also pointed out that there is no guarantee the City won't lose the $7 million on the Howard/Hartrey development, but we have calculated the risk and have decided that it was acceptable. He reminded the Council that it had spent a great deal of money on legal fees in the past years and suggested some aldermen felt that in certain cases it was not money well spent. He did not believe that the worst case scenario would happen, because right now the law is going our way. Alderman Warshaw said that life is full of risks and that the City is self -insured in areas that are a much bigger risk than this. She commended Alderman Brady for her time -line of study, but said that studies were not the only things that had to be looked at. She predicted that there would be tremendous changes in legislation and the corporate affairs of Com Ed in the next few years. Under those circumstances she would hate to be locked into a long-term agreement that will cost the City $83,000 a year in order to have a 75-day opt -out period. She said that she could live with the six -year agreement i it was not tied to the the fifty-year NWMC Franchise Agreement with its 75-day opt out period. She felt that it was ; lose/lose proposition. She said that there was risk in everything we do and it is time that the City negotiates as strongly a business does. The City owes it to its residents to negotiate something better than the 75-day window. The tax payers money is more important than . , corporate pyo y T* Alderman Heydemann observed that this discussion had been very focused, because all of the aldermen were trying to decide which way they were going to gamble and trying to determine which path would lead to the best future. Whatever is costs, going naked will cost something. We know we can't offer the voters anything for a few years, so the magic word of flexibility doesn't really exist because there are really no alternatives now. Everything everyone wants done will be done whether the City has a franchise or not. Signing the agreement and not having any further studies are not linked. There is a great commonality of interest in what everyone wants for Evanston in the long run. What we are disagreeing about is the best way to get there and she believed that the best way was the one that didn't cost the City any money. The best way is the one where Council and citizens don't dissipate their energy litigating and reacting to actions by Com Ed. She wanted to not to have to deal with Com Ed and to get on with the City's own agenda. Alderman Fiske said that the last time we discussed this issue, Alderman Feldman presented a strong case for taking the risk of going without a franchise, but he was not sure that the City should take that risk. He said that he was not comfortable with the 75-day opt -out period, but had confidence in the aldermen who would succeed this Council. He asked that the list of tasks for the new energy commission include regular reports to the City Council and that each time they report that include in that report a list of those dates by which the City must exercise its options or lose them. We may want to have a different arrangement with Com Ed at this time, but this is the option available to us and he felt it would be best for us to take it at this time. Alderman Davis observed that the time -line under both scenarios is the same and questioned the notion that if the Council - signs the extension that it less serious about looking for other options. The Council is united in wanting to seek alternatives The real question is when will the litigation commence and what will it gain. She said that it has been pointed out that th, only thing that will happen if we go naked is that we can be certain we will be engaged in an expensive law suit to gain tht right that we already have under the franchise - the cost of free electricity. She did not believe that the City could avoid a lawsuit altogether, but preferred to attempt to put it off for a few years and to concentrate on studying the alternatives. 13 She did not believe that the City would wait until the 75-day period to make critical decisions about alternatives, but felt those decisions would be made before that. At that point the City should have made the decisions and all that would be left was to exercise the option. Alderman Feldman said that Alderman Brady has laid out a reasonable calendar. All of the elements she suggested have to be included. The time -line can be applied whether or not we sign the agreement. The tone of the argument is whether or not we will "settle." There is nothing on the table that three months ago we would have sought as policy for the City. What we have is an acquiescence and is not a responsible position. He made reference to the goals approved by Council before the negotiations began with Com Ed. He felt that the difference between the two sides was that one side felt the negotiations were over and the other side thought they weren't. He did not feel that they were over and urged the Council to direct the City Manager and the negotiating team to go back to the table and tell Com Ed that we are not ready to settle, because we did not attained any of our aspirations and because at any moment there is a possibility that something may change that leads us to believe that we will be able to get some of what we want, such as disclosure, because of the constant barrage from all areas of the community. With the uncertain climate, Com Ed will need all the support it can get from us and they will not get that support by attacking us in court, nor will they create any sense of public good will. It isn't over until we say it is over. He wondered at what he characterized as a desire for a respite from Com Ed and suggested that the energy level of the Council and community has never been tested. He pointed out that the City has fought in the courts for those things that we believe in and suggested that is what it should do in this case. He said that the Council is acting as though the Arlington Heights decision had never happened and suggested that it is ignoring all the fortuitous events that have occurred. He said they are being ignored because there is a risk. He said that Council has not been paying attention to the things it should with this issue. He questioned the best case and the worst case scenarios and wondered if the estimates were off by 10 % if the Council would be willing to risk $100,000 to preserve flexibility and to keep the faith and trust of the community and by being able to tell it that the City did not give in to Com Ed. He wanted to preserve flexibility to take advantage of whatever came along through the ICC or State Legislature. The City would not be able to take advantage of such change if it signs the agreement. He expressed grave concern that agreeing to the 75-day opt -out period would ruin the City's credibility with the ICC. He urged Council to take the risk of not signing the agreement and to send the City Manager and the negotiating team back to renegotiate the settlement. He did not believe that Com Ed would come down on us with whatever. Alderman Brady called Council's attention to the "most favored nation clause" in the agreement and reminded them that whatever Com Ed gives Evanston, it will be required to give to other municipalities with which they have a franchise agreement. That is the reason our negotiations stalemated and that is why we can't expect a different deal from Com Ed. She also reminded Council of the negotiations that the City had engaged in with Northwestern University (NU) and recalled that after a year of negotiating, the committee came back with almost nothing. She felt that the situation with NU was parallel to this one with Com Ed. The Council was totally committed to the goals that they sent the committee off to negotiate. It was very hard accept that they came to naught. And to listen to Alderman Feldman's eloquence both at the last meeting and tonight, it wasn't for lack of trying. She said that she had equal respect for the Com Ed negotiating team and this is the best deal that they were able to bring back to the Council. The most favored nation clause prohibits a better agreement and Com Ed won't give us any better agreement until outside forces, including us, force them back to the table. Alderman Heydemann reminded Council that they had delayed the vote on this issue at the last meeting so they could hear what the Task Force had to say about the agreement in light of the Arlington Heights case. After great debate, their best recommendation was for Council to adopt both ordinances. She pointed out that there were hundreds of communities that had franchises with Com Ed and a very few that did not. She also believed that over the next five years the situation is going to change a lot and she felt that all the communities which had franchises would be allowed to benefit from those changes. Anything else would be meaningless. If Com Ed is forced in to standards of reliability and standards of disclosure, then all the communities with franchises will benefit from that, so Evanston won't be in a worse position if it does sign the franchise. Alderman Engelman agreed that because of the most favored nation clause, the City would never get anything better from Com Ed at this time. He questioned the City Manager whether Com Ed, under the most favored nation clause, would have to offer the six year extension to other communities. City Manager Anderson clarified that within 90 days, Com Ed would have to offer the same option to all of the 320 communities who have a franchise with them. He noted that most of those communities do not have franchises that will expire before the year 2000 and beyond, but have opted into the NWMC Franchise Agreement. Alderman Engelman agreed with Alderman Brady's time -line and said he shared concern about the ability to maintain the flexibility to be able to take advantage of all options available. However, he said that the time -line 0 14 made it clear that the City may miss being able to take advantage of certain regulatory changes and certain corporate structural changes by a year or two. The people of Evanston want this settled, they feel that this is not the big issue, there are other issues more important. The only options we have are to accept the extension or to go bare and notIdanything for six years. He has been convinced that the City ought to extend the franchise for six years. However, expressed concern about Alderman Brady's comments about expecting that the City would be embroiled in a lawsuit one way or the other. He said that he preferred to litigate a lawsuit where the City had a reasonable chance of success, due to the recent Arlington Heights case, and felt that the City would be able to justify an increase in fees for the use of its rights -of - way in such a lawsuit. Or we can litigate the other issue when we opt -out (if we opt -out) because we can be sure that Com Ed will file a lawsuit questioning whether we have followed all the appropriate procedural rules to opt out. That lawsuit has a much more uncertain chance for success. It is difficult to make a risk evaluation on that type of litigation if Com Ed is the same company as they were six months ago. If they are not the same company, and they may not be, because they have been clobbered by the ICC, the Supreme Court, the Legislature and the stock market. They may say, all right, you do your studies, we'll woo you for the next six years and we'll all be adults about the whole thing. However, we expected that of Northwestern too and were disappointed. He expressed great concern about having to litigate a lawsuit on the back end of the extension, because the risks are unknown. The current one is easier to make judgments on. Alderman Warshaw said that she was aware of the most favored nation clause, but felt that the City could negotiate something that was unique to Evanston and that others might not want. And she did not know how many other communities would be willing to jump out of their contracts and go with a six year extension and a 75 day opt -out window. She said that with the times changing as they are, she did not feel that the City was risking anything by negotiating a little harder and longer. Alderman Feldman reiterated his call to send the City Manager and the negotiating team back to the table. He felt that the City had nothing to lose. This issue is not going away and if we indicate that we want something other than this, there may be a chance that we can get it. We owe it to the community to give one more try. He said that if the Council had asked the Northwestern Negotiating Committee to go back to the table one more time they would have done so. Roll call. Voting aye - Aldermen Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon Warshaw,, Fiske, Newman, Paden, Drummer, Davis and Brady. Voting nay - Alderman Feldman. Motion carried. (17-1- Docket 268-11B-92: Ordinance 112-0-92 - Commonwealth Edison Franchise - Consideration of proposed Ordinance 112-0-92, introduced on November 23, 1992, by which the City Council would authorize use of public rights -of -way in 1998 by the Commonwealth Edison Company. Alderman Nelson moved Council adoption of proposed Ordinance 112-0-92. Seconded by Alderman Wollin. Alderman Newman urged Council to defeat this part of the package and supported all of the arguments presented by Aldermen Engelman, Warshaw and Feldman. He expressed concern about how closely divided the Council is this evening and said that in a Council of nine that had a mayor opposed to opting out of the agreement, it would require a 2/3's vote of the Council to opt out. No one knows who will be on the Council or who will be Mayor six years from now and what it will take to muster up the_votes to opt out of this agreement and if that Council is unable to provide enough votes to opt out, then the Council tonight will be committing the City to the 50-year NWMC Model Franchise Agreement. It is too risky to commit the City to a 50 year agreement because it has been determined by everyone to be. unacceptable. He pointed out that Com Ed had committed $1 billion for reliability on the other side of Howard Street and on this side we get nothing. He also pointed out that Chicago is also getting a $75 million franchise fee while Evanston gets nothing. He said that Evanston is so far from most of the 320 communities which have signed the NWMC Franchise Agreement that we have little in common with them. He said that the City won't know if it can get anything else unless it tries and urged Council to send the negotiating team back to the table. Alderman Brady said that she was sorry that these ordinances were separate and had not been part of a package, becausd she did not feel that it was appropriate to vote yes on one and no on the other. She felt that it was dishonest to do so. Sb asked for feedback on her comments about taking the issue to voters by way of referendum, either binding or advisory, an said that Council would do what the voters want. With that knowledge, she suggested that to vote no is to vote for half a cake. -32 15 Alden= Warshaw strongly disagreed. She said that no one could foresee the changes that have occurred with Com Ed in thelut six months and to vote for the status quo for the next six years is not looking realistically at the world. It is hard to knowwhat the situation will be in six years and we won't know what our options will be. We can expect extreme changes and new opportunities. She spoke against putting this issue to a referendum because she felt that the City would only have a veryRde bit of money to spend educating the voters and Com Ed, which has deep pockets, would be able to spend a great deal o>f'money to get their point of view across and deluge the public with false information She saillthat she did not believe that it was dishonest to vote yes on the previous ordinance and not on this one because she felt tbAby doing so she was true to her own beliefs. Aldermen Feldman said that this agreement is our bitter pill and our albatross that will hang around the City's neck for the next siayears. There is no grace in adopting this proposal, we are considering it because it is being rammed down our throat..& said that he could not vote for it in good conscience and then face his constituents. There is no reason to support this wry only a 75-day opt -out period. He said that there is a choice in this matter and he could think of no reason to vote for it. Roll cd R Voting aye - Aldermen Heydemann, Moran, Nelson, Wollin, Fiske, Drummer, Davis and Brady. Voting nay - Alderm n Esch, Washington, Kent, Engelman, Rainey, Lanyon, Feldman, Warshaw, Newman and Paden. Motion failed. (8-10) * Docket 8-1A-93: Request for Proposals for Redevelopment of 1817 Church Street - Consideration of a recommendation that the City Council authorize the issuance of a Request for Proposals for the redevelopment of the building at 1817 Church Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) * Docket 9-1A-93: Resolution 3-R-93 - Amending the 1989-92 Community Development Block Grant Programs - Consideration of proposed Resolution 3-R-93, by which the City Council would amend the 1989, 1990, 1991, and 1992 Community Development Block Grant Programs and authorize the re -allocation of $200,230 from those Programs to the 1993-94 CDBG funding year. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) Docket 10-lA-93: Resolution 4-R-93 - Aooroval of 1993-94 Community Development Block Grant Program Final Statement - Consideration of proposed Resolution 4-R-93, by which the City Council would approve the 1993-94 Community Development Block Grant Program Application to the U.S. Department of Housing & Urban Development. NO ACTION. * Docket ll-lA-93: Resolution 5-R-93 - Community Development Block Grant Residential Anti -Displacement & Relocation Assistance Plan - Consideration of proposed Resolution 5-R-93, by which the City Council would establish a Residential Anti - Displacement and Relocation Assistance Plan for Households that may be affected by Community Development Block Grant Program activities. *ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-0) * Docket 12-1A-93: Resolution 7-R-93 - Appointments to Research Park. Inc., and TOPCORP Boards of Directors - Consideration of proposed Resolution 7-R-93, by which the City Council would approve a procedure for the City to appoint representatives to the TOPCORP and RPI Boards and approve a protocol for periodic reports on the Research Park from the City's appointees to the Boards of Directors of Research Park, Inc. and TOPCORP. *ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (18-01 * Docket 13-1A-93: Township Monthly Bills - Consideration of a recommendation that the City Council approve the Township monthly bills, medical payments, and payroll for the month of December 1992 in the amount of $123,224.21. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL (18-0) 3/6 16 APPOINTMENTS: Mayor Barr asked for Council confirmation of the names of Wayne McCoy, 2725 Simpson Street, and Jon Nelson, 303 Payne, for reappointment to the Research Park, Inc. Board for terms ending January, 1996. Alderman Drummer mov Council confirmation of these reappointments. Seconded by Alderman Moran. Motion carried. No nays. CALL OF THE WARDS: Alderman Warshaw reminded Council about the Sister City Belize Dinner Dance at the Holiday Inn. She reported that she and her family had visited Belize over the Christmas holidays and said that they had a marvelous time exploring remote areas of the country and snorkeling and scuba diving along the shore. She said that it was a wonderful place to visit and encouraged everyone to do so. She also encouraged everyone to support the Belize exchanges..Alderman Warshaw also thanked all those voting to support the Somalia Resolution. KAl_der_man Warshaw reported the Sister Cities Foundation Committee voted to sunnort the "Somalia Resolution. Alderman Lanyon announced that the Metropolitan Water Reclamation District (MWRD) had elected an Evanstonian as its new president, Tom Fuller, and moved to suspend the Council rules in order to consider an item not on the aeenda. Seconded by Alderman Feldman. Motion carried. No nays. Alderman Lanyon read Resolution 13-R-93 honoring Thomas S. Fuller, newly elected president of the MWRD and moved Council adovtion of the Resolution. Seconded by Alderman Warshaw. Motion carried. No nays. Alderman Kent complimented the Street Department on their excellent job of removing the snow during the recent snow emergency. Alderman Washington invited everyone to attend the Martin Luther King, Jr. Birthday celebration at the Fleetwood-Jourdain Center. Refreshments at 6:00 p.m., program at 6:30 p.m. It will also be the opening of the exhibit sponsored by the Art Guild, "The Sick Can't Wait", which had been previously displayed at the Historical Society. Alderman Heydemann said that it had been reported to her that over 700 people had attended the free skate at the Robe Crown Community Center on New Year's Eve sponsored by the First Night Committee. She also reported that she had bee attending a First Night celebration in New Jersey. Alderman Drummer thanked the Street Department for their prompt response during the recent snow emergency. Alderman Paden wished Dr. King a Happy Birthday. Alderman Newman announced that a meeting was scheduled for Sunday, January 17, at 2:00 p.m. at the First United Methodist Church to update the community on the John Buck project on the Washington National Insurance Building property. He said that he was pleased to receive the update from the Police Services Committee on community service project for youthful offenders. He reported that 13 or 14 youths had participated in the program. He thanked the Committee and all who had worked to make the project work. Alderman Newman reported that he had engaged in. negotiations with the White Hen Pantryon Emerson and was happy to report that they will be reducing their hours, beginning next Friday, in response to neighbors' concerns. Mayor Barr asked the City Manager to notify Commonwealth Edison in writing of the Council's decision. She reported on her trip to Belize and reminded the Council that the Mayor of Belize City will be in Evanston for the dinner dance and hoped that the City would receive him as graciously as she had been received in Belize City. Alderman Rainey asked that the whole Council be given the memorandum from the Police Services Committee to which Alderman Newman referred. There being no further business, Mayor Barr asked for a motion to adjourn. The Council so moved and adjourned at 12:21 A.M. " KIRSTEN F. DAVIS CITY CLERK