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HomeMy WebLinkAboutMINUTES-1993-02-22-1993CITY COUNCIL February 229 1993 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration Planning & & Public Works Human Services Development Alderman Wollin Alderman Moran Alderman Heydemann Alderman Esch Alderman Washington Alderman Engelman Alderman Newman Alderman Fiske Alderman Kent Alderman Rainey Alderman Drummer Alderman Warshaw Alderman Nelson Alderman Davis Alderman Brady Alderman Paden Alderman Feldman Alderman Lanyon The OFFICIAL REGULAR MEETING of the City Council was held on Monday, February 22, 1993. at 9:13 P.M. in the City Council Chamber. ROLL CALL - PRESENT: Alderman Wollin Alderman Engelman Alderman Rainey Alderman Feldman Alderman Warshaw Alderman Fiske Alderman Newman Alderman Paden A Quorum being present. ABSENT: Alderman Lanyon TARDY: None PRESIDING: Mayor Joan W. Barr Alderman Drummer Alderman Davis Alderman Brady Alderman Esch Alderman Heydemann Alderman Washington Alderman Kent Alderman Moran Alderman Nelson 2 February 22, 1993 CITIZEN COMMENT: Sidney Zwick, 1720 Washington Street, alleged that citizens of the Main Street Commons area had not received proper notice regarding the vacation of Pitner Avenue; expressed concern about the sighting of the proposed Wal- Mart store in Main Street Commons; discussed his efforts to attempt to change the site plan for the Wal-Mart store. Betty J. Payne. 2408 Bradley Place, said that as Township Supervisor, citizen and taxpayer she was adamantly opposed to the transfer of $500,000 from the Town Fund to the City General Fund as is recommended in both budgets. She pointed out that the Township Trustees had voted to grant taxpayers a $500,000 tax abatement in May, 1992, and even though the Township was operating at a substantial surplus, she had been skeptical about that transaction because the Township client roll had only been declining for a period of six to nine months. But later that year she was more comfortable with the stability of the Township rolls, so she recommended a $750,000 abatement. That recommendation was never brought to the Town Board of Trustees because an alderman suggested that $500,000 of that amount be transferred to the City's general fund to help alleviate an expected budget shortfall. She had indicated that she could not support that recommendation, but would be willing to consider increasing the Township's funding of Unified Budgeting by $450,000, so that the City could decrease its allocation by that amount. She also proposed that the Township administer the Emergency Assistance program, which would allow the City to eliminate its funding for that program. She noted that in Illinois, Townships most commonly administer that program. She said that her proposal would have decreased the City's financial burden, expanded the social delivery services of the Township and maintained services without increasing taxes. She stated that the Chair of the Township Committee asked the Township to be flexible, but did not ask the same of the City administration. While requesting $500,000, the City offered nothing in exchange. She noted that in a memo, the City Manager said that he could not transfer capital investments such as computers and files to the Township without getting something in return, and she felt the same way. She said that in another memo, the Township Trustees indicated that they intend to transfer $500,000 from the Town Fund to the City for each of the next four years and she did not agree with that. She reported that she had consulted the Township attorney, who told her that the proposed transfer is illegal because it constitutes a gift of money from one governmental body to another. She felt such a transfer would deceive the taxpayers. She urged the Council not to act hastily and said that she would follow the advice of her attorney and take whatever steps necessary to prevent this transaction. She threatened not to sign the budget until all legal aspects of the question are cleared up. She said that she will bring her attorney to the next Township meeting on March 3, and invited all the Trustees to attend. Bennett Johnson. 708 Washington Street, said that he was here on behalf of the Southwest Evanston Neighbors who are exploring the possibility of litigating the vacation of one-half of Pitner Avenue. He alleged that proper notice had not been given to the neighbors. He explained that he had gotten involved at this late date because any time an injustice is thought to have been committed, every citizen has a right to raise his or her voice against that particular injustice and he had been called upon to agitate, demonstrate or litigate this issue. He recalled that a motto in the DuSable High School Auditorium said "Peace if possible - Justice at any rate." DHNUTES: Alderman Nelson moved that the minutes of the Regular Meeting of February 8, 1993, as submitted in writing to members of the City Council, be approved without reading. Seconded by Alderman Brady. Motion carried. No na s. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Nelson moved Council approval of the Consent Agenda with the following exceptions: Docket 42-2B-93: Resolution 39-R-93 - In Support of State Income Tax surcharge; Docket 140-6A-92: Ordinance 6-0-93 - Creating Class O Liquor License; Docket 47-2B-93: Resolution 21-R-93 - Amending the 1992-93 Community Development Block Grant Program and under Purchases: the Fleetwood/Jourdain Front Entry Project. Seconded by Alderman Brady. Roll call. Voting aye - Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson. Voting nay - none. Motion carried. (17-0) 3 February 22, 1993 Docket 1-1A-93: APr000sed 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 were held January 9, 16, 23 and 30, 1993, and a Public Hearing on the Budget: was held February 1, 1993. Alderman Brady moved adoption of the proposed 1993-94 Budget in the total expenditure amount of $118,216,546. Seconded by Alderman Rainey. Alderman Bradv moved to amend the proposed budget to allocate the $11.700 surolus identified in budget deliberations to the following: $1.000 to the Sister Citv Foundation to support its proiects and $10.700 to be used to train members of boards and commissions. Seconded by Alderman Feldman. Motion carried. Alderman Newman raised a Point of Information and questioned whether the Council shouldn't deal with the Township budget first, since it included a transfer of $500,000 to the City budget. Alderman Bradv withdrew her motion to adopt the nronosed budget. Docket 23-2A-93: Resolution 22-R-93 - Proposed 1993-97 Capital Improvement program - Consideration of proposed Resolution 22-R-93, by which the City Council would adopt the proposed Capital Improvement Program for 1993-97. No Action. Alderman Heydemann moved Council adoption of proposed Resolution 22-R-93. Seconded by Alderman Engelman. Alderman Brady moved to amend the proposed 1993-92 Capital Improvement Program to include an increase in available revenue of $38,000 and an expense item of $38,000 for an energy study. Seconded by Alderman Rainey. Motion carried. No nays. Vote on the proposed Capital Improvement Program. Motion carried. No nays. Docket 49-2B-93: Proposed Fiscal Year 1993-94 Budget for Township - Consideration of the proposed Budget for Evanston Township for Fiscal Year 1993-94. Alderman Drummer, Chair of the Township Committee, noted that the budget was in the amount of $2,077,500, which is a reduction from last year's budget. He called Council's attention to the blue memo attached to the budget and clarified that the recommendation to transfer funds was only for one year and that there was no recommendation to transfer funds for five years. He said that the concept would require a great deal more discussion and reiterated that there is no endorsement of such a plan at this time. He called Council's attention to the cash flow projections also contained in the memo. He noted that events of the last several weeks point out how little knowledge there is of Township government and the Trustees' role in that government. He asked First Assistant Corporation Counsel Hill to respond to questions regarding the legality of the transfer of funds between the Township and the City. Alderman Engelman raised a Point of Order and noted that conversations between an attorney and his clients are appropriate subjects for Closed Session when litigation is threatened. Alderman Nelson raised a Point of Order that to consider the Township budget, the Council should convene as the Town Board of Trustees. Alderman Engelman moved that the Citv Council convene itself as the Town Board of Trustees. Seconded by Alderman Feldman. Motion carried. No nays. Mr. Hill explained that it would be appropriate to discuss the legal aspects of a transfer of funds when litigation is threatened in Closed Session, and also appropriate for the Township Supervisor to be there. 4 February 22, 1993 Trustee Engleman moved that the Town Board of Trustees recess into Closed Session to discuss pending or probable litigation. Seconded by Trustee Brady. Roll call. Voting aye - Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent; Moran, Nelson. Voting nay - none. Motion carried. (17-0) The Town Board of Trustees so recessed at 9:54 P.M. and reconvened in Open Session at 10:22 P.M. Trustee Drummer moved that the Town Board of Trustees adopt the proposed 1993-1994 Township Budget. Seconded by Trustee Brady. Trustee Drummer directed the Board's attention to page 20, line 9020, of the proposed Township budget and moved to amend it to show a purchase of service from the City for programs of health, recreation, and social services for the poor and the aged. Seconded by Trustee Brady. Vote on the amendment - motion carried. No nays. Trustee Drummer noted that in addition to the budget being reduced from last year, and including the $500,000 purchase of services from the City, it also includes a reduction in the Town levy. He pointed out that the levy in the Town Fund last year was $2,100,000 and this year it is $1,900,000. The budget includes a transfer of $680,000 from the Town Fund into the General Assistance Fund. He said that the Trustees greatly appreciate the work of Supervisor Payne, her Executive Director, Veranda Joliff and the Township staff. He noted that the Township had made great strides in the past two to three years under their leadership and due to the efficiency of their staff. Also, in a historical note, he pointed out that several years ago the Township had given $500,000 surplus from the Town Fund to fund a housing program and had also rebated $500,000 to the taxpayers in another year. He suggested that the Town Fund would probably continue to show a surplus because the roll of general assistance recipients is lower and more stable. He also noted that while they have been some differences between the Supervisor and the Trustees, the Trustees have been very supportive of the Supervisor and all she has been trying to do. He also reminded the Trustees that they had left an operating capital of over $200,000 in the General Assistance Fund to be used at the Supervisor's discretion, because it was transferred into that fund. He noted that the budget is sufficient to fund 160 grant recipients, even though the rolls haven't been nearly that high in many months, the surplus will continue to build up and the Township will in no way be strapped. If the Trustees had voted for the purchase of services of $500,000, they would have had to raise the City's tax levy and that money would be coming out of the same pockets as that $500,000. It makes no sense to raise the City's levy, when there is surplus cash available in the Town Fund to fund the services needed. The Township has done an enormous service to the City and the taxpayers by reducing the levy, reducing the budget and helping the City hold the line on the levy. The Trustees, have clearly acted within their line of authority and the interpretation has not changed. Supervisor Payne knows her job, insists on getting it done and insists on delivering good service to clients, and deserves to have her good work recognized. He said that he felt that, as Township Committee Chair it was his job to protect the Supervisor and the role of the Township and not let anyone diminish the office and was very appreciative of all she had done. Trustee Newman recalled that about six years ago, when compared to other Townships, Evanston had a General Assistance roll of over 300 and today it is 133. Most of that reduction has occurred in the last two years and he felt that it was due to the good work of the Township Committee, the Executive Director and the Supervisor. He felt that they should get the credit for that accomplishment and the resulting cost -savings. He felt that there was a great deal of support for the $500,000 purchase of service among the Trustees and is a way that everyone in the community gains, including Township clients, because it helps to keep down property taxes, which helps keeps rents down. He made a reference to the Human Services Committee to take un the issue of whether the Emergencv Assistance Program should be transferred from the Citv to the Township and to report back to the Citv Council within 60 days. He said that the Supervisor had a valid point when she pointed out that most Emergency Assistance Programs were administered by Townships and is worth consideration. He suggested that transferring the program to the Township would allow the Director of Human Services to spend more time dealing with problems in the areas of aging and mental health, where the City has lost two staff persons. He complimented the Supervisor on the excellent job she has done with the Township and pointed out that litigation will serve the interests of no one. In response to a question from Trustee Washington, City Manager Anderson explained that his reservations about turning the Emergency Assistance Program over to the Township had to do with the possible effect on the program and the employees themselves and because he felt that there wasn't sufficient time to thoroughly discuss all the issues related to that possible transfer by the Human Services Committee, the Township Committee and the whole IJ G February 22, 1993 . Council. There are issues that need to be clearly articulated and thoughtfully discussed before any conclusions can be reached and that will take time. He also felt that it was not a good idea to discuss it in the middle of the budget process, because.it tends to make decisions financially driven and Council may lead to decision that would have consequences Council neither intends nor desires. Vote on the Townshiv Budget for 1993-1994. Motion carried.. Trustee Engelman moved that the Town Board of Trustees reconvene as the Citv Council. Seconded by Trustee Warshaw. Motion carried. No nays. 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 explained that this item had been tabled at the last meeting to give Alderman Esch an opportunity to address it. She moved to take it off the table. Seconded by Alderman Engelman. Motion carried. No nays. Alderman Heydemann moved Council approval of the recommendation. Seconded by Alderman Engelman. Alderman Esch reiterated her objections to outside inspection services and stated that a memo had indicated that it would cost more than doing it in-house. She took issue with the assertion that it was better to have the same people perform both plan review and the inspections. She also questioned the assertion that we did not have inspectors capable of doing inspections on large buildings and pointed out that inspectors receive on -going training and if they are not capable, they should not have been hired. She suggested that the City was using public funds to create a business that did not allow for competition and suggested that architects are not trained in dealing with codes and have to hire someone to do that task. She suggested that no one can compete with that. She questioned whether the City should be using inspectors who are not under its direct control. She also suggested that there has been a certain inexperience in the department that has led people to believe that this was the only way to operate. She said that she could see why the City might sometimes have to go outside for plan review, but she felt it would never be necessary to do so for inspections. She suggested that you could hire the expertise, such as a structural engineer when needed. Alderman Warshaw corrected Alderman Esch's impression that outside inspection services would cost more, saying that the memo in question noted that it would cost less for outside inspections, because it would cost more to keep all the trades employed on a year -around basis, even though the skills needed would not be required year -around. The Committee had explored other options and had found this to be the most economical and had gone out to bid on it. She suggested that the concept should be reviewed regularly and pointed out that she was not normally a proponent of privatization, but that this appeared to be the best choice at this point. She noted that the Committee had reviewed it thoroughly and had voted unanimously to recommend it for approval. Roll call. Voting aye - Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Davis, Brady, Kent, Moran, Nelson. Voting nay - Paden, Drummer, Esch, Heydemann, Washington. Motion carried. (12-5). Alderman Heydemann announced a Committee of the Whole meeting on Saturday, February 27, at 9:00 A.M. to discuss the proposed Zoning Ordinance. The Committee intends to have their latest amendments to the Ordinance available before that meeting. She said that those amendments are not expected to be controversial. It is the Committee's hope that the discussion will center on those issues where there is still a difference of opinion about what ought to be in the ordinance and which should be settled by the whole City Council. In response to a question from Alderman Newman, she explained that exact language will not be available for all the amendments, but for as many as possible. Alderman Brady further clarified that the consultant has not been able to put the perfect words to all amendments, but the essence of the amendments will be there. What the Council will vote on in April will be a clean copy of the Ordinance and the words will then be perfect. She also noted that the Committee is considering the Confidential memo distributed to the Council in preparing the amendments for discussion on February 22, 1993 Saturday. Alderman Warshaw pointed out that most of the Committee amendments were noncontroversial, cleaned up some of the language or better reflected what the Committee had already voted on, but were not in the public hearing draft. Alderman Heydemann also noted that the Committee had discussed the comments made at the public hearing and had incorporated many of them into their recommendations. HUMAN SERVICES COMMITTEE: * Docket 28-2A-93: Ordinance 14-0-93 - Hours of Beach Operation - Consideration of proposed Ordinance 14-0-93, introduced on February 8, 1993, by which the City Council would amend Section 7-11-4(A) of the Code of the City of Evanston to change the hour beaches open from 12:00 Noon to 10:30 A.M. on the first day of operation. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Alderman Moran reported that the Committee discussed the Recreation Department monthly report; the derivation of the City's eligibility for a McKinney grant; and the continuing efforts of the Committee to address panhandling in downtown Evanston with respect to a voucher proposal. He pointed out that the City had discussed the possibility of a voucher program with the Chamber of Commerce and the Evanston Ecumenical Action Council. The Committee also discussed a training guideline for boards and commissions. ADMINISTRATION & PUBLIC WORKS COlvIlM=E: BILLS AND PAYROLL: * Approval, as recommended, of City of Evanston bills for the period ending February 17, 1993; for City of Evanston payroll for the period ending February 7, 1993; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $ 3,573,736.37 City of Evanston payroll 1,192,793.57 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) PURCHASES: * Approval of the following low bids for provision and delivery of water treatment chemicals for the period March 1, 1993 through February 28, 1994: CalgOn Carbon cornoration CARBON $ 678.00 per ton General Chemical Corporation ALUMINUM SULFATE 125.43 per ton K. A. Steel Chemicals CHLORINE 139.00 per ton L.C.I. Ltd. HYDROFLUOSELICIC ACID 130.48 per ton Sweetwater Technologies LIQUID CATIONIC POLYMER .309 per lb The total estimated cost for chemicals for fiscal year 1993-94 is $132,026.05. 7 February 22, 1993 BID SUMMARIES: Carbon - Estimated Ouantitv - 32 tons Bidder Unit Price Total Estimated Cost Calgon Carbon Corporation $ 678.00 $21,696.00 Pittsburgh, PA American Norit Corporation 720.00 23,040.00 Jacksonville Beach, Fl Aluminum Sulphate - Estimated Ouantitv - 335 tons General Chemical Corporation $ 125.43 42,019.05 Parsippany, NJ General Aluminum & Chemical 134.78 45,151.30 Holland, OH Liquid Chlorine - Estimated Ouantitv - 135 tons K.A. Steel Chemicals 139.00 29,700.00 Lemont, IL Alexander Chemical Corporation 220.00 29,700.00 Lemont, IL Rowell Chemical Corporation 230.00 31,050.00 Hinsdale, IL Hydrite Chemical Corporation 281.00 37,935.00 Milwaukee, WI Hvdrofluosilicic Acid - Estimated Ouantitv - 285 tons L.C.I. Ltd. 130.48 37,186.80 Jacksonville Beach, FL Chemtech Industries, Inc. 131.80 37,563.00 St. Louis, MO Kaiser Aluminum & Chemical Corp. 132.00 37,620.00 Mulberry, FL Liquid Cationic Polvmer - Estimated Ouantitv - 20 tons Sweetwater Technologies .309 12,360.00 El Toro, CA Calgon Corporation .31 12,400.00 Pittsburgh, PA * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the following low bids for Water Meters: from Water Products, Inc. for all meters except 5/8-inch disc meters; and from Water Resources, Inc., for 5/8-inch disc meters at an estimated total cost of $64,300. APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) \' 8 February 22 1993 *Approval of the proposal from Hydronics for Polyphosphate for Water Treatment at a cost of $7.65 per gallon. (Non -Bid Item, Requires a 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of Change Order No 2 for Area III, Phase II Relief Sewer Project which decreases the contract price by $10,556.00 resulting in a contract price of $2,536,161.36. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Alderman Nelson reported that the staff recommendation for this purchase had been voted down in Committee by a vote of 4-2, but moved Council approval of the low bid from Kerr Construction Co., Inc. for Fleetwood/Jourdain Main Entrance Modifications at a total cost of $21,028. BID SUMMARY: Bidder Total Cost Kerr Construction Co., Inc. $21,028 Lake Bluff, IL Vacala Construction, Inc. 21,050 Libertyville, II. Pinel Andrews Construction 21,700 Evanston, IL Kabayama Construction, Inc. 22,460 Chicago, IL The Somers Co. 26,800 Zion, IL Edwin Anderson Construction Co. 28,137 Chicago, IL Yordanoff Construction Co., Inc. 34,800 Chicago, IL F & V Construction Co., Inc. 35,900 Skokie, IL M. G. Midwest, Inc. 64,500 Chicago, IL Seconded by Alderman Wollin. Alderman Warshaw asked at what point does Council give extra consideration to an Evanston business and wondered what the controversy was over this purchase, or whether that was it. City Manager Anderson said that the reason staff recommended the low bidder, rather than the low Evanston bidder, even though that bid was only approximately $700 more, was because in the bid documents that went out there was no indication that any preference be given to an Evanston business. The City is not in a position to put such a provision in their bid documents for purchases over $5000. The City is looking for the legal basis for such a preference, but has not yet been able to do that. Staff will return to the Council in two to four weeks with a final report on that matter. The City is trying to find a basis for that preference and is looking at court cases to establish it. It is included in the bid documents for professional services. It is possible to do it there, but can't find a reason to do it with construction and materials. February 22 1993 Alderman Drummer said that the Council should consider soon when to give preference to Evanston businesses, but understands why that may not be possible with this project. He reiterated that when money is set aside for a project, and the Evanston bidder is only a little higher than the low bid, preference should be given to the Evanston bidder if under budget because they pay the property taxes and the payroll taxes and it costs more to do business from Evanston, so Council really needs to look how it can enhance and give incentives to Evanston businesses. In response to a question from Alderman Heydemann, CityManager Anderson clarified that to go against the staff recommendation, the Council would have to find a flaw in the bid or the lowest bidder or leave themselves open to legal action. Alderman Davis noted that there was no material difference between the two lowest bids (3.5 %) and might be able to use that kind of a basis for creating a preference for Evanston bidders, rather than just stating the City had a preference for Evanston bidders. Alderman Nelson suggested that perhaps a provision could be included in the bidding process that would allow Evanston bidders to match the lowest bid. That may give the City the best of both worlds, which, while discriminating in favor of Evanston bidders, would allow the City to save money by getting the lowest bid from an Evanston business. That would also discriminate in favor of Evanston taxpayers. If you apply 3 % across the budget, we are in deep trouble and we ought to keep taxpayers in mind when we consider this and this proposal would do so, if it is legal. Alderman Newman pointed out that the reason for the vote in Committee tonight was that this had been an ongoing issue for the Committee for two years. There is a strong feeling among the Committee that preference should be given to an Evanston business and they want to do it now. He did not know how much business the low bidder had and whether he would want to sue the City if he did not get the bid. Alderman Newman felt strongly about the Evanston firm that is paying property taxes right now and that the City has an interest in maintaining its tax base. The Committee felt that the future is now and that is why they voted the way they did. Roll call on the motion to award the bid to the low bidder. Voting aye - Wollin, Engelman, Feldman, Warshaw, Fiske, Brady, Heydemann, Moran, Nelson. Voting nay - Rainey, Newman, Paden, Drummer, Davis, Esch, Washington, and Kent (9-8) Mayor must vote according to Rule 15.4 - Mayor voted aye. (10-8) Motion carried. * Docket 41-2B-93: Resolution 38-R-93 - Reserved Parking for Disabled - 827 Hamlin - Consideration of proposed Resolution 38-R-93, by which the City Council would authorize a reserved parking space for the disabled at 827 Hamlin Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. 17-0 Docket 42-2B-93: Resolution 39-R-93 - In Support of State Income Tax Surcharge - Consideration of proposed Resolution 39-R-93, by which the City Council would endorse the State Income Tax Surcharge. Alderman Wollin reported that the Committee vote on this Resolution was 5-1 and moved Council adoption of proposed Resolution 39-R-93. Seconded by Alderman Rainey. Motion carried. * Docket 43-2B-93: Ordinance 27-0-93 - Special Assessment #1396 - Paving of Lawndale south of Grant Street - Consideration of proposed Ordinance 27-0- 93, by which the City Council would authorize the paving of Lawndale Avenue south of Grant Street under Special Assessment #1396. The Board of Local Improvements has held a public hearing and recommends proceeding with this project. * MARKED INTRODUCED - CONSENT AGENDA * Docket 44-2B-93: Ordinance 28-0-93 - Special Assessment #1397 - Paving Prospect south of Grant Street - Consideration of proposed Ordinance 28-0-93, by which the City Council would authorize the paving of Prospect Avenue south of Grant Street under Special Assessment #1397. The Board of Local Improvements has held a public hearing and recommends proceeding with this project. * MARKED INTRODUCED - CONSENT AGENDA 10 February 22, 1993 * Docket 45-2B-93: Ordinance 33-0-93 - Increase in Parking Tax - Consideration of proposed Ordinance 33-0-93, by which the City Council would amend Section 3-2-15-2(AO and Section 3-2-15-7 of the Code of the City of Evanston to increase the Parking Tax and to direct the increase to the Parking Fund. * MARKED INTRODUCED - CONSENT AGENDA, Alderman Wollin moved to Suspend the Council Rules to adopt this Ordinance on the same night it is introduced. Seconded by Alderman Engelman. Alderman Wollin explained that the Council needed to adopt this Ordinance this evening because of its implication for the budget. Vote to Suspend the Rules - Motion carried. No nays., Alderman Wollin moved Council adoption of proposed Ordinance 33-0-93, introduced this evening. Seconded by Alderman Brady. In response to a question from Alderman Drummer, Alderman Wollin explained that this Ordinance was in lieu of the original proposal and did not raise parking meter rates, only taxes on parking in parking lots. Roll call. Voting aye - Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson. Voting nay - none. Motion carried. 1( 7-0) Docket 31-2A-93: Ordinance 3-0-93 - Amendment to Cable Television, Franchise Agreement - Consideration of proposed Ordinance 3-0-93, by which the City Council would authorize the City Manager to execute an amended agreement with Cablevision for the provision of C-SPAN II on the basic service in return for the alteration of Cablevision obligations to provide a community channel. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. 1( 7-0) * Docket 140-6A-92: Ordinance 6-0-93 - Creating Class O Liquor License - Consideration of proposed Ordinance 6-0-93, introduced on February 8, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to create a Class 0 Liquor License which would allow the sale of warm beer and wine in grocery stores with a minimum of 12,000 square feet but less than 60,000 square feet in area. Alderman Wollin moved Council adoption of proposed Ordinance 6-0-93. Seconded by Alderman Rainey. Alderman Rainey moved to amend the Ordinance to change the fee structure for the license to allow smaller grocery stores to pay a lower fee on the following scale: for the fast 15,000 square feet of space, the license fee would be $10,000, with an additional fee of $5000 for each additional 5000 square feet of space, up to a maximum fee of $20,000. Seconded by Alderman Wollin. Alderman Kent expressed grave concern about this Ordinance because he felt it would lead to a proliferation of stores selling liquor all over the City. He also expressed concern that the Council would lower the square foot requirement and that would allow stores like Walgreen's on Green Bay to obtain a liquor license, which he opposed because he felt it would be against the best interests of the neighbors. Mayor Barr clarified that this license category dealt only with grocery stores and a drug or general merchandise store was not eligible for this license. Alderman Washington expressed concern about the liquor licenses and questioned how many of these licenses would be available. Alderman Rainey clarified that five licenses would be available and that her amendment did nothing to lower the square foot requirement for a store to be eligible. Alderman Newman further clarified that when this is passed, each store will have to apply for the license and to come before the Council before it is granted so there will be ample opportunity for citizen input. Vote on the amendment. Motion carried. No nays. Alderman Kent asked Alderman Wollin how that addresses the future and asked what would prevent a building in the Fifth Ward that is 12,000 square feet from applying for a license even though the neighbors don't want liquor sold there. He asked how Council would be able to keep liquor out of certain neighborhoods, now that it is permitted out of the Central Business District. Alderman Wollin explained that the Committee was acting on the results of the referendum, in which 60.8 % of the voters approved having beer and wine in the large grocery stores. 11 February 22, 1993 She pointed out that it would be an additional source of revenue that has been going into the coffers of other suburbs. She noted that there are significant restrictions in the ordinance, such as only allowing 10 % of the store's space to be devoted to the sale of beer and wine, requiring a separate cash register, qualification for those selling liquor and restricting the size of containers in which liquor can be sold. She felt that those restrictions would help protect the neighborhoods around those grocery stores having a license. Alderman Newman further noted that the Committee had rejected an additional license category which would allow beer and wine to be sold in drug and general merchandise stores. The sentiment of the Council was not to permit liquor sales at Phar-Mor, because its location was too close to the high school. Any expansion beyond the five stores now eligible for a license, would have to come back to the Council for a full discussion before any other stores could apply for a license. Alderman Heydemann also pointed out that this license category will give Council the opportunity to see how this is working out and will give a track record to look at before Council decides whether to expand this category or not. Roll call on Ordinance 6-0-93, as amended. Voting aye - Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Davis, Brady, Esch, Heydemann, Moran, Nelson. Voting nay - Washington and Kent. Motion carried. (15-2) * Docket 32-2A-93: Ordinance 8-0-93 - Ambulance Fee Increase - Consideration of proposed Ordinance 8-0-93, introduced on February 8, 1993, by which the City Council would amend Section 9-2-3 of the Code of the City of Evanston to increase the fee for non -Evanston Residents who are transported by Fire Department Ambulance to $225. The fee for Evanston residents will remain at $100. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 33-2A-93: Ordinance 9-0-93 - Resulatins the Use of Alarm Svstems - Consideration of proposed Ordinance 9-0-93, introduced on February 8, 1993, by which the City Council would amend Section 9-11 of the Code of the City of Evanston to increase the fees for False Fire and Police Alarms to $100 per occurrence after four occurrences. The Ordinance also encourages alarm users to take corrective measures to reduce false alarms. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 34-2A-93: Ordinance 10-0-93 - Parkin¢ Restrictions - Payne/Green Bay - Consideration of proposed Ordinance 10-0-93, introduced on February 8, 1993, by which the City Council would amend Section 10-11-8, Schedule VIH(A), of the Code of the City of Evanston to prohibit parking on the north side of Payne Street between Ashland Avenue and Green Bay Road and allow parking on the south side in the same section. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 35-2A-93: Ordinance 11-0-93 - Sneed Limit and Parkins - Colfax/Ridse - Consideration of proposed Ordinance 11-0-93, introduced on February 8, 1993, by which the City Council would amend Sections 10-11-2 and 10-11-8 of the Code of the City of Evanston to reduce the speed limit on Colfax Street between Ridge Avenue and Sheridan Road to 20 mph, and move the legal parking on Colfax Street from the south side to the north side between Ridge Avenue and Noyes Court. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 36-2A-93: Ordinance 12-0-93 - Expansion of Parkins District "M" - Consideration of proposed Ordinance 12-0-93, introduced on February 8, 1993, by which the City Council would amend Section 10-11-10, Schedule X(F), of the Code of the City of Evanston to add the east side of Wesley Avenue between Church and Davis Streets and the south side of Davis Street between Wesley and Asbury Avenues to Residential Exemption Parking District "M. " * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) �y 12 * Docket 37-2A-93: Ordinance 13-0-93 - Reduction in Class B Liquor Licenses - Consideration of proposed Ordinance 13-0-93, introduced on February 8, 1993, by which the City Council would amend Section 3-5-1 of the Code of the City of Evanston to reduce the number of Class B Liquor Licenses by one due to the sale of The Keg Restaurant, 900 Grove Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 38-2A-93: Ordinance 15-0-93 - Sewer User Rates, - Consideration of proposed Ordinance 15-0-93, introduced on February 8, 1993, by which the City Council would amend Section 7-13-3(A) of the Code of the City of Evanston to include the new Sewer User Charge Rates. The current rate of $0.36 per 100 cubic feet of metered water sales would increase to $0.90 per 100 cubic feet. This increase is in accordance with the proposed Sewer Fund Budget for FY 1993-94 and the Long -Range Sewer Plan. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 39-2A-93: Ordinance 16-0-93 - Class R Liquor License to Blind Faith Cafe - Consideration of proposed Ordinance 16-0-93, introduced on February 8, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to allow the issuance of a Class R Liquor License for the dispensing of beer and wine with limited hours of service to the Blind Faith Cafe, 525 Dempster Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) OTHER COMMITTEES: * Docket 46-2B-93: Resolution 20-R-93 - Amending the 1991-92 and 1992-93 Community Develonment Block Grant Program - Consideration of proposed Resolution 20-R-93, by which the City Council would amend the 1991-92 and 1992-93 Community Development Block Grant Programs authorizing the reallocation of the balance of the 1817 Church Street Leasehold/Safety Improvement account of the 1817 Church Street Building Management Account. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 47-2B-93: Resolution 21-R-93 - Amending the 1992-93 Community Develonment Block Grant Program - Consideration of proposed Resolution 21- R-93, by which the City Council would amend the 1992-93 Community Development Block Grant Program authorizing the reallocation of Unspecified Local Option Funds to the Fleetwood/Jourdain Entryway Rehabilitation. February 22, 1993 Alderman Drummer moved Council adoption of proposed Resolution 21-R-93. Seconded by Alderman Heydemann. Motion carried. No nays. * Docket 48-2B-93: Resolution 24-R-93 - Affirmative Action Plan for the 1993- 94 Community Develonment Block Grant Program - Consideration of proposed Resolution 24-R-93, by which the City Council would adopt the Affirmative Action Plan for the 1993-94 Community Development Block Grant Program. ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 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 were held January 9, 16, 23 and 30, 1993, and a Public Hearing on the Budget was held February 1, 1993. 1 V Feb 22 1993 13 February Alderman Brady moved Council adoption of the proposed 1993-1994 Budget as amended. Seconded by Alderman Warshaw. Alderman Washington objected to allocating $10,700 for training of boards and commissions. She felt that staff and other more experienced board or commission members could train new people and did not think it was appropriate to spend money for that when the City was in a difficult cash situation. Mayor Barr explained that amendment had already been approved earlier in the evening. Alderman Rainey asked whether the budget takes into account the money that will be generated by the new grocery store liquor licenses. Alderman Drummer opposed amending the budget based on licenses not yet approved, and pointed out that there is a projection of revenue to be generated from those licenses of $50,000. City Manager Anderson suggested that it would be more appropriate to let the budget stand as it is now with respect to those revenue projections. Alderman Newman asked whether sororities and fraternities would pay any different fee than any other food service establishments. The City Manager said that they would not. Alderman Newman questioned whether the fee was to cover food service inspection to assure that the food was being appropriately prepared, and that it was voted on unanimously by the Council. The City Manager answered yes to both questions. Alderman Nelson said that he voted against the allocation for training of boards and commissions because he would have liked to see at least a portion of that money allocated to the pension funds as a symbolic gesture. He felt that it was unfortunate that it would be used to teach people how to talk to each other. Alderman Washington moved to reconsider the amendment to the budget that allocated $10,700 to training of board and commission members. Seconded by Alderman Rainey. Roll call. Voting aye - Rainey, Feldman, Newman, Paden, Esch; ;Washington, Kent, Moran, and Nelson. Voting nay - Wollin, Engelman, Warshaw, Fiske, Drummer, Davis, Brady; Heydemann. (9-8) Mavor must vote accordine to Council Rule 15.4. Mavor voted no. Motion fails. (9-9) Alderman Feldman clarified that the money allocated to train boards and commissions will be earmarked for conferences, subscriptions and training in the technical aspects of their job. It will be for things other than orientation and beyond what staff is able to do. Vote to adopt the 1993-1994 Budget in the amount of $118,216,546. Voting aye - Aldermen Wollin, Engelman, Rainey, Feldman, Warshaw, Fiske, Newman, Drummer, Davis, Brady, Esch, Heydemann, Kent, Moran and Nelson. Voting nay -Paden and Washington. (15-2) Motion carried. APPOINTMENTS: Mayor Barr asked for Council confirmation of John Kingstone Hayes, 2537 Hurd Avenue, for appointment to the Cable Commission, for term ending December 21, 1995. Alderman Nelson moved Council confirmation of the appointment. Seconded by Alderman Feldman. Motion carried. No nays. Mayor Barr asked for Council confirmation of Judy Freitag, 515 Elmwood Avenue, and Sharon Lieberman, 616 Florence Avenue, for appointment to the Environmental Control Board, for terms ending February 1, 1997. Alderman Drummer moved Council confirmation of these appointments. Seconded by Alderman Feldman. Motion carried. No nays. Mayor Barr asked for Council confirmation of Clarence D. Weaver, 1615 Lake Street, for appointment to the Human Relations Commission, for term ending February 28, 1996. Alderman Feldman moved Council confirmation of the appointment. Seconded by Alderman Drummer. Motion carried. No nays. 14 February 22, 1993 CALL OF THE WARDS: Mayor Barr reminded everyone to vote in the Mayoral Primary tomorrow. Alderman Fiske noted that Council had taken two actions that evening to increase the accessibility of alcoholic beverages and he wanted to assure Aldermen Kent and Washington and members of the public who may be concerned about the increased access in Evanston. He said that the decisions were made because of practical economic concerns but not exclusively on the basis of considering practical economics. He noted that the Council takes very seriously its role in controlling the accessibility of alcohol and is part of a long tradition in this community. There is also a recognition of the significant social problems that can brought about by the misuse of alcohol. He recommended to all future Councils that they continue to respect Evanston's character in this matter. Alderman Paden said that at the last meeting she had asked for documentation on the AmVets case and had not yet received it. She felt the Council had an obligation to do something for those who have fought in the wars. She pointed out that she was on the Zoning Board of Appeals when the Mayor said that she would make sure the AmVets would have some place to be, and now they have run out of money and cannot fight anymore. She requested that those documents be given to the whole Council. She said that she wanted some place for the AmVets to be and suggested that the City actively look for a place for them. She asked for a specific date when she would receive those documents. She said that she had also asked for a list of the legal fees and asked for a list of the law clerk's duties. She asked for a specific date when she would receive that information. She wanted to see how much money the City was saving by using a law clerk, because she wanted to call a meeting of the legal subcommittee to consider whether money should be allocated for another law clerk, so the City could save even more money on legal fees. She urged everyone to get out to vote tomorrow. Alderman Drummer noted that included in the Township Budget is an allocation for the relocation of the Township. Sometime this coming year, it is expected that the Township will move up to the second floor and consolidate a lot of its operations there. It will include relocation of the Township Assessor's office as well. He said that he had a wonderful time at the Belize Sister City Dinner/Dance and complimented Alderman Warshaw on her efforts. Alderman Warshaw noted that it was at the last meeting when the mayor and city clerk of Belize City were there and she was imploring people to buy tickets to the dinner/dance. She reported that the dinner/dance had been a huge success and that it had raised a significant amount of money for the Sister City Foundation. That money will be used to support sister city projects such as exchanges and the sending of books to Belize City without having to come to the City for funds. She said a special thank you to Assistant to the City Manager, Vince Adamus, for all his help with the visit. Alderman Warshaw said that Sidney Zwick is now a public person as a candidate for alderman and she accused him of saying and writing the most outrageous lies - libelous statements. She characterized what he writes as inaccurate and a lie and said that when he is confronted with the truth, he makes up more lies. She said that she had information to refute everything he had said. Alderman Feldman reported on that he had taken the mayor and city clerk of Belize City on a sight-seeing trip and had shown them many cultural attractions - such as the University of Chicago and the Henry Moore sculpture memorializing the first sustained nuclear reaction, the Art Institute, Orchestra Hall, the Picasso - but what they really wanted to see was where the St. Valentine's day massacre had taken place. He did take them there and felt that it was probably the hit of the afternoon. There being no further business to come before the Council, Mayor Barr called for a motion to adjourn. The Council so moved and adjourned at 11:40 P.M. KIRSTEN F. DAVIS CITY CLERK