HomeMy WebLinkAboutMINUTES-1993-03-08-1993b�
IITY COUNCEL
March 8, 1993
Standing committees meet prior to the official regular meeting. Current members are as follows:
Administration
& Public Works
Alderman Newman
Alderman Rainey
Alderman Nelson
Alderman Paden
Alderman Wollin
Alderman Esch
Human Services
Alderman Fiske
Alderman Drummer
Alderman Davis
Alderman Feldman
Alderman Moran
Alderman Washington
Planning &
Development
Alderman Kent
Alderman Warshaw
Alderman Brady
Alderman Lanyon
Alderman Heydemann
Alderman Engelman
The OFFICIAL REGULAR MEETING of the City Council was held on Monday, March 8, 1993 at 9:12 P.M. in the City Council
IF amber.
ROLL CALL - PRESENT:
Alderman Rainey
Alderman Lanyon
Alderman Feldman
Alderman Warshaw
Alderman Fiske
Alderman Newman
Alderman Paden
A Quorum being present.
ABSENT: Aldermen Davis, Heydemann, Nelson and Wollin
TARDY: None
Alderman Drummer
Alderman Brady
Alderman Esch
Alderman Washington
Alderman Kent
Alderman Moran
Alderman Engelman
City Clerk Kirsten F. Davis announced that, in the absence of Mayor Ban, nominations for the election of a Mayor pro tem were
in order and that, in accordance with Council Rule 15.7, Alderman Washington was next on the list of aldermen by seniority who
have not served as Mayor pro tem. Alderman Brady nominated Alderman Washington. Seconded by Alderman Engelman. Motion
carried. No nays.
PRESIDING: Mayor pro tem Rochelle Whyte Washington
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ITY MANAGER ANNOUNCEMENTS:
ty Manger Eric A. Anderson called Council's attention to the 'transcripts of the February 27th meeting on the proposed Zoning
Ordinance that had been placed on their desks that evening and reminded them that additional meetings are scheduled for Wednesday,
March 10, and Saturday, March 13, to continue discussion on that Ordinance.
2 March 8, 1993
He announced that on Sunday, March 14, at 4:00 p.m. aldermen of the adjacent wards have scheduled a
neighborhood meeting at the Robert Crown Center to discuss the proposed redevelopment of Main Street Commons.
He said that staff would be present to respond to questions and invited all aldermen and interested citizens to attend.
City Manager Anderson also announced that Evanston had been named Tree City USA for the 9th year in a row.
He said that the Parks and Forestry Division maintains over 28,000 parkway trees, which enhance the quality of
life in Evanston by keeping us cool in the summer and help us fight pollution and conserve energy. He
congratulated Director of Parks, Recreation and Forestry, Don Wirth, and Superintendent of Parks and Forestry,
Dennis Ceplecha and their staffs for a job well done.
CITIZEN COMMENT:
Annie Austin. 2216 Washington Street, announced that she was representing members of Southwest Neighbors
Together and asked those present to stand. (Approximately a dozen people stood.) She said that the group was not
happy with the Sam's Warehouse Club that is proposed for Main Street Commons. She expressed their concerns
about the safety of school children due to the expected increase in traffic. She noted that the group was circulating
petitions in opposition to the proposed redevelopment and had already obtained approximately 160 signatures. She
hoped Council would consider this in their deliberations and choose other options.
Bennett Johnson, 708 Washington St., called Council's attention to a news clipping from Springfield, MO about
a Council rejecting a zoning change which would have allowed a WalMart to be built in that community. He noted
that it would have brought 450 jobs and considerable revenue to Springfield. However, he said that the neighbors
in Evanston, like the Council in Springfield, felt that the negatives would exceed the positives. He requested that
as many aldermen as possible come to the meeting on Sunday to hear the concerns of the neighbors and asked that
the aldermen stand with them.
Vivian Kenner, 935 Grey Avenue, told the Council that a group of neighbors had met the day before with staff and
elected officials to discuss their concerns about the location of Sam's Warehouse. She felt that they would be
subject to increased crime and traffic. She expressed the neighbors' appreciation that the City Manager, Assistant
City Manager and four aldermen had attended the meeting and listened to those concerns. She said that the
neighbors wanted to be certain that the entire City Council was aware of their reservations with the project. She
suggested that a building as large as the one proposed for the WalMart would be a blight on the neighborhood and
lower property values. She suggested that by stopping the project now that all their problems would be solved.
She felt that the issue was whether it was appropriate land use in a residential neighborhood and not whether it was
good economic development.
Neil Elliott. 732 Michigan Avenue, suggested that many of the Council's constituents who are parents are upset with
the District 65 School Board. And, while the City has no control over the school board, they do have the ability,
through the state constitution and statute, to place a referendum on the ballot to elect the school board from single
member districts. He suggested that the members of the present school board were geographically concentrated in
two areas and said that the area around the lakefront had no representation. He urged Council to sponsor such a
referendum with all deliberate speed. He was not sure it whether the referendum would address what he felt was
a problem or whether people would support it, but felt it would give parents a sense of peace and tranquility. He
suggested that supporting it might help those aldermen who were running for re-election.
Howard Andrews. 1919 Greenwood Street, Continental Construction, said they were the original low bidder for
the E-911 contract, but, because all the bids were over budget, the contract was re -bid. When the re -bids were
opened, Continental was the low bidder again, if the voluntary alternate is taken into account, but was not
recommended for the contract. He said that he had brought expert testimony to explain the bid. He reported that
the instructions to bidders were to prepare a bid that would be under budget with specific deducts, and they felt that
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March 8, 1993
it was very difficult, but that they had complied with that requirement. He noted that they were an Evanston bmi,
paid taxes and felt that the taxpayers deserved to have the contract go to the lowest bidder who was an Evmston .
firm. In response to a question from Mayor pro tern Washington, Mr. Andrews said that they had been at tho
Administration and Public Works Committee meeting, but had been unable to present their case and the Corimnittee
recommended that the bid be awarded to another company.
Alderman Newman said that he would address the issue in his committee report.
Joe Becker. 1919 Greenwood Street, noted that this company specializes in E-911 back-up systems, are expects in
the field and is presently competing for jobs at five sites in Lake County. He said that the misunderstanding inters
around the slip -over enclosure which will be used to muffle the generator. What Continental is proposing will
deaden the sound as effectively as the larger enclosure originally proposed, but that information was never presented
to the 911 Committee. He said that he had the information with him and would like to present it to those who need
to make the, so they could render a fair judgment. What Continental was proposing would save approximately
$14,000 and make them low bidder by $8,000 or $9,000.
Jeff Doman. 1919 Greenwood Street, added that, in the event the City Council does not accept the voluntary deduct
of $13,886 for the sound -deadening enclosure, then Continental would keep this deduct in submitting a revised total
bid of $371,640 as stated in their re -bid letter, dated February 12, 1993 and would make them the low bidder for
the base re -bid as specified.
James Lockwood. 1919 Greenwood Street, and a long-time Evanston resident, said that something rather unusual
happened with this bidding process. The Committee properly gave notice and accepted bids for the E-911 center
and opened them to find Continental to be the low bidder, even though the architect advising the Committee had
given an inaccurate estimate of how much what he had specified would cost. So the Committee decided to re -bid
the job and went to the five companies which bid on the job and asked them to re -bid with with specified deducts.
Subsequently, the Committee recommended that the bid be awarded to the company that had originally submitted
the highest bid. Continental was the original low bidder and he felt it should have been awarded the bid at that
point. From that point it should then have been able to negotiate with the architect to bring costs down. He
questioned whether proper procedure had been followed during the re -bid procedure and suggested that when bids
are rejected, you have to follow the same procedure as you do when you seek the initial bids. He suggested that
awarding the bid to the company recommended now may cost taxpayers additional money.
NIIN TEES:
Alderman Brady moved that the minutes of the Regular Meeting of February 22, 1993, as submitted in writing to
members of the City Council, be approved without reading. Seconded by Alderman Feldman. Alderman Paden
said that she had voted against adopting the Township Budget and wanted the minutes reflect that. City Clerk Davis
noted that the budget had been adopted by voice vote. Alderman Paden stated that she wished the record to reflect
that she had she had voted no on the Township Budget. With this change, motion carried. No nays.
COMMUNICATIONS:
City Clerk Davis reported that she had received a request from the Wollin Mayoral campaign to conduct a discovery
recount of sixteen precincts from the February 23 Mayoral Primary. The recount is scheduled for 8:00 A.M. on
Wednesday, March 10, 1993, in the Cook County Elections warehouse.
CLOSED SESSION:
Mayor pro tern Washington announced that there would be a Closed Session to deal with personnel issues following
the Council meeting.
4 March 8, 1993
CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Rainey moved Council approval
of the Consent Agenda with the following exceptions: Under Purchases, Police/Fire Communications Center General
Contractor; Docket 54-3A-93: Ordinance 36-0-93 - Residency Requirements; Docket 55-3A-93: Ordinance 37-0-93 -
Main Street Area Parking Adjustments and Docket 66-3A-93: Resolution 41-R-93 - New City Council Rules.
Seconded by Alderman Feldman. Roll Call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman,
Paden, Drummer, Brady, Esch, Washington, Kent, Moran, Engelman. Voting nay - none. Motion carried. (14-0)
* Docket 50-3A-93: Resolution 42-R-93 - Support of Canvassine Board - Consideration of
proposed Resolution 42-R-93, proclaiming the results of the February 23, 1993, Consolidated
Primary Election. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
ADMINISTRATION & PUBLIC WORKS COMMITTEE:
BILLS AND PAYROLL:
* Approval, as recommended, of City of Evanston bills for the period ending March 3, 1993; for City of Evanston
payroll for the period ending February 21, 1993; for City Council payroll for the month of February 1993; and that
their payment be authorized and charged to the proper accounts, summarized as follows:
City of Evanston bills $ 1,635,058.63
City of Evanston payroll 1,365,977.32
City Council payroll 6,300.00
* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
PURCHASES:
* Approval of the low proposal from Soil and Material Consultants, Inc., for Material Inspection and Testing
Services at an estimated total cost of $19,375.30.
BID SUMMARY:
Bidder
Soil and Material Consultants
Arlington Heights, IL
Total Estimated Cost
$ 19,375.30
Professional Service Industries, Inc. 22,225.94
Hillside, IL
* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (14-01
* Approval of the low proposal from Rosemont Purchasing for New Library Furnishings Procurement Services at
a total cost of $37,500.00
BID SUMMARY:
Bidder
Rosemont Purchasing
Chicago, IL
Gerry Brown & Associates
Chicago, IL
* APPROVED - CONSENT
Total Cost
$37,500.00
59,500.00
AGENDA MOTION AND ROLL CALL. (14-0)
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March 8,1993
Police/Fire Communications Center General Contractor - Alderman Newman said that as Committee Chair, hA was
not aware that awarding this bid would cause any controversy until it came up during the Committee meeting. He
reported that the Committee had heard from Continental Construction, the City Manager, and a member of to E-
911 Committee during the discussion of this agenda item, but that the Committee had not had time to bear all the:
comments from Continental Construction on this bid because of its full agenda. The purchase comes recowmmeled
by the E-911 Committee. He moved Council adoption of the recommendation from the E-911 Committee to award
the bid to ACM Associates in the amount $380.555. Seconded by Alderman Rainev. He reported that the
Committee had voted 3-1 to recommend that bid.
City Manager Anderson cautioned that Council cannot consider any information in the process that would modify
the amounts of the bid or the services to be delivered. That information was delivered during the bidding process
as described in the process and cannot be modified and Council must base it decision on the material before it.
Alderman Rainey explained the Emergency Telephone Systems Board has worked long and hard on this problem.
Construction costs have been a problem from the beginning because the cost of modifying the space to house the
E-911 Center was substantially underestimated. The new Communications Center will be housed in the old handball
court at Fire Station #1 which needs to be enhanced and redeveloped. The original bids received were very close,
but were nearly $200,000 over the cost estimated by the architect. The Committee met with the architect and
Building Operations to discuss what could be done to bring the costs down to within the budget which is generated
by the .75 surcharge on telephone bills. That budget does not permit a $400,000 construction project. The architect
suggested living with deductions, so the Committee decided that to go back to all the original bidders and to ask
them to suggest deducts and listed things the Committee felt were not essential to the project. The bidders were
asked to submit base bids with all their deducts, plus any recommendations for a unique deduct. When the bids
were resubmitted, ACM Associates became the low bidder and Continental, the previous low bidder, became the
second lowest bidder. The Committee looked at the unique deducts suggested by Continental and decided that it
could live with rearranging the sprinklers as suggested by contractor, but did not feel that it could do without the
enclosure for the generator, which was the larger item of its unique deducts. So that is why, with great reluctance,
the Committee decided to with ACM, rather than Continental Construction, which is an Evanston firm. The $6000
Continental was over ACM in the base bid was the reason ACM was recommended as the low bidder.
Alderman Drummer found it ironic that the Council was once again discussing whether it should award a contract
to a second low bidder that was an Evanston firm - the same issue it had discussed at the last meeting. He reminded
Council that he had asked for a policy to be developed that would allow preference to be given to Evanston
companies. He noted that Council had received a memorandum from First Assistant Corporation Counsel Hill that
dealt giving preference to Evanston firms and asked whether the issue would be taken up by the Council or dealt
with administratively.
City Manager Anderson said that a legal opinion had been prepared for the Administration and Public Works
Committee concerning whether the City could give preference in awarding bids to an Evanston firm. The
Committee had reviewed the memo at their meeting this evening and had directed staff to prepare an ordinance
reflecting the substance of the memo to be brought back to the Committee for further consideration at the next
meeting.
In response to Alderman Drummer's question, Alderman Rainey clarified that the second -low bidder was within
1.58 % of the low bidder. Alderman Drummer reiterated his previous position that the Council must do what it can
to enhance opportunities for Evanston firms who pay property, sales and payroll taxes and create jobs in the City.
He felt that this instance would be a good opportunity to do so. City Manager clarified that state law requires that,
in this instance, in order to award the bid to the second -low bidder, Council would have to find that the low bidder
was not responsive nor responsible in some way, since there was nothing indicated in the bid that Evanston firms
would be given preference. Alderman Drummer felt that it was important to get such a policy in place as soon as
possible and wondered why the Council had not done so before. He noted that ACM was the highest bidder in the
first round and had not offered any unique deducts and suggested that in the second round they just brought their
bid down to more realistic levels. He said that there was something that just didn't feel right about how the re-
bidding was done. He asked what message the City wanted to send Evanston companies. He reminded Council
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March 8, 1993
that Continental had previously done good work for the City and had paid taxes to the City, while the low bidder
had not. He felt that it was high time that a policy giving Evanstonians preference was put in place. He said he
would vote to award this contract to Continental Construction because it was an Evanston company.
Alderman Warshaw agreed with Alderman Drummer philosophically, but said that the City would be in violation
of state law if they awarded this bid to Continental Construction just because it was an Evanston firm. She urged
Council to put a policy to give Evanston firms special consideration in the bidding process on the top of the
Administration and Public Works (A & PW) Committee agenda. She felt that the entire Council was in agreement
that if bids are close, then the award should go to an Evanston company. But she cautioned that for this contract,
it has to deal with the rules currently in place. She urged the A & PW Committee to deal with this issue in an
expeditious manner, because Council does not want to be in a position to have vote against awarding bids to an
Evanston contractor when there's any chance to otherwise by law.
Alderman Paden said that A & PW already has this as a priority on its agenda and stated that the Committee would
like to support Evanston companies and it has been working hard to support Evanston companies. However, she
pointed out that you cannot change the rules after you have given notice to people without leaving the City open
to lawsuits. To be fair, you have to tell people up front what the rules are. Hopefully, Continental will come and
bid on another contract so we can give them consideration as an Evanston company. At this time we can't support
them, because we have not given notice of what we're going to do.
Alderman Esch supported Alderman Paden's comments and said she felt that it was regrettable that the Council was
in this position, especially since it had a similar problem last meeting. She requested clarification about whether
the suggested policy would allow the Council to consider a difference of $1000 or 3 %, whichever is less. City
Manager Anderson said that the thrust of the legif opinion was that the amount had to be considered de minimus,
the difference between the two bids would be considered -de minimus.
In response to a question from Alderman Drummer, City Manager Anderson said that it was always within the
Council's domain to reject all these bids and to ask for re -bidding.
Alderman Newman pointed out that, even if the new policy was in place, it would not apply to this contract because
of the difference in dollars between the bidders. He said that the reason he supported awarding the bid to ACM,
even though he had been the chief proponent on A & PW of awarding contracts to Evanston firms, was because
he feels that there is a difference between this process and the one last week. He said that the recommendation for
this contract came from a committee that had spent a significant amount of time reviewing bids and which included
aldermen, staff and citizens. There was a policy decision on what they wanted included in this contract and ACM
was the low bidder based on that decision. He noted that Council will have to carefully consider what kind of
policy they want to,establish to -deal with this type of issue and reiterated that the policy put forth for consideration
in the memo from Mr. Hill, would still not have allowed Council to award the contract to Continental Construction
in this instance.
In response to a question from Alderman Esch, Alderman Rainey explained that ill of the deducts that were
reviewed by the E-911 Committee were the result of the architect and the architect's engineering consultant making
recommendations to the Committee - the Committee had expert recommendations.
Alderman Lanyon moved the question. Seconded by Alderman Esch. Vote to call the question. Motion carried.
No nays.
Vote on Police/Fire Communications Center General Contractor. Roll call. Voting aye - Rainey, Lanyon, Feldman,
Warshaw, Fiske, Newman, Paden, Brady, Kent, Moran, Engelman. Voting nay - Drummer, Esch, Washington.
Motion carried. (11-3)
* Approval of the proposal from Wil-Shore Ford for a Police K-9 Vehicle at a total cost of $13,139.50. (Non -Bid
Item, Requires a 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
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* Approval of the lowest bid from Kovilic Construction Company of Chicago for the Main Street Comb:_r i' & +yea
Rehabilitation in the amount of $2,164,010.25. * APPROVED - CONSENT AGENDA MOTION
CALL. (14-0)
* Approval of the proposal from Harza Environmental Services, Inc., for Engineering Services during c ),:rarnx tiors
of the Main Street Combined Sewer Rehabilitation in the amount of $250,000.00. * APPROVED - CONSENT
AGENDA MOTION AND ROLL CALL. (14-0)
* Approval of purchase of printing services for Main Street Combined Sewer Rehabilitation Publicity/Priating
Services from Advanced Reproductions, Evanston, in the amount of $10,200. * APPROVED - CONSE11FJ
AGENDA MOTION AND ROLL CALL. (14-01
Docket 31-3A-93: Ciir az F.----al Intervenor with the Illinois Commerce,
Commission - Consideration of a recommendation that the City Council become
a formal intervenor with the Illinois Commerce Commission concerning an ICC
proposal which would establish standards for operation of the electrical
distribution system by Commonwealth Edison throughout its service area.
* APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
* Docket 52 -3A-93: Ordinance 29-0-93 - Special Assessment #1398 - Paving
of Allev - Church/Le►aad - Consideration of proposed Ordinance 29-0-93, by
which the City Council would authorize the paving of the alley north of Church
Strut and east of Leland Avenue under Special Assessment #1398. The Board
of Local I!nprc!:Ve,-nents�fecommends prM =.: g .-,;th this project. * MARKED
INTRODUCED - COIN. -EN AGE-::,OA -
` -� Docket 53-3A-93: Ordinance 35-0-93 - Sale of Surolus Proverty -
ConsIderation of proposed Ordinance 35-0-93, by which the City Council would
autborize the sale of surplus property._
M 4WD INTRODUCED - CONSENT AGENDA
Docket 54-3A-93: ( -di- =ce 16-0-93 - Residencv Reauirements - Consideration
of proposed Ordinance 36-0-93, by whicu i:.1 C..; = .r._ . ..:ld amc: d Title
2, Chapter 3,._ of the Code of the City of Evanston to require that newly -hired,
sworn Police and Fire personnel reside in the City of Evanston within one year
of the date of hire. This item was held in committee.
Docket 55-3A-93: Ordinance 37-0-93 - Main Street Area Park^; HdIusCment -
Consideration of proposed Ordinance 37-0-9".1-y-h the City Council would
amend Sections 10-1 t °, ;t!, !2,..end 22 of the Code of the City of Evanston
t^ -restrictions for the Main Street Area.
`ems
lade?man Newman introduced proposed Ordinance 37-0-93. Marked Introduced.
Alderman Newman moved Suspension of the Council Rules in order to adopt proposed Ordinance 37-0-93,
introduced this evening. Seconded by .Alderman Engelman. Motion carried. No nays.
Alderman Ne, .m— , =.^vc-I �a�:t -'- v_�_-ption n: posed CTdmance 3 /-0l 'J34. Sec..^.nded
- r r- Y" _ by Alder.-sa ;i::ii,oa.
Roll Call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer, Brady, Esch,
Washington, Kent, Moran, Engelman. Voting nay - none. Motion carried. (14-0)
March 8, 1993
* Docket 43-2B-93: Ordinance 27-0-93 - Special Assessment #1396 - Pavins
of Lawndale south of Grant Street - Consideration of proposed Ordinance 27-0-
93, introduced on February 22, 1993, 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. * ADOPTED - CONSENT
AGENDA MOTION AND ROLL CALL. (14-0)
* Docket 44-2B-93: Ordinance 28-0-93 - Snecial Assessment #1397 - Paving
Prospect south of Grant Street - Consideration of proposed Ordinance 28-0-93,
introduced on February 22, 1993, by which the City Council would authorize
the paving of Prospect Avenue south of Grant Street under Special Assessment
#1397. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL.
1( 4-0)
HUMAN SERVICES COMMITTEE:
Alderman Fiske reported that the Committee discussed a communication they received about a Community Forum
to discuss changes to the State Mental Health System. The forum is scheduled for March 18, and he encouraged
all those interested to attend.
The Committee also considered a proposed letter to Congressman Yates concerning the possibility of getting federal
funding for the City's Summer Youth Employment Program.
The Committee also discussed the process it will use to address Alderman Newman's reference to consider whether
it would be appropriate to shift the administration of the Emergency Assistance -Program from the City, to the___.
Township. He encouraged the rest of the Council to watch for more information on that subject.
Finally, the Committee also informally discussed their views on how they see the Committee will -be f—etioning
under the new Council configuration. He said that the Committee felt that it was -a valuable discussion and
recommended that the other committees hold a similar discussion.
PLANNING AND DEVELOPMENT COMMITTEE:
Alderman Kent reported that the Committee had discussed the Planned Development procedure and had raised
questions whether it was a quasi-judicial procedure or whether it should involve more informal negotiations. The
Committee voted to send it back to the consultant to get his interpretation of the process.
He reminded Council of the two meetings scheduled to discuss the proposed Zoning Ordinance on Wednesday,
March 10 at 7:30 P.M. and on Saturday, March 13, at 9:00 A.M.
Alderman Kent moved to take Ordinance 88-0-91, Comprehensive Amendment to the Zoning Ordinance, off "Items
for Future Consideration" and to place it on the front of the agenda for the next meeting. He noted that a substitute
motion during the February 22, 1993, City Council meeting had replaced this version of the Ordinance with the
Ordinance as amended during Committee and Council review. Seconded by Alderman Engelman. Motion carried.
No nays.
OTHER COMMITTEES:
Docket 66-3A-93: Resolution 41-R-93 - New Citv Council Rules, - Consideration
of proposed Resolution 41-R-93, by which the City Council would update the
Council Rules to reflect the reduced size of the Council and the revised Council
reporting structure and Standing Committee responsibilities.
Alderman Brady moved Council adoption of proposed Resolution 41-R-93. Seconded by Alderman Drummer.
9 March 8, 1993
Alderman Brady explained that the Legal Department had asked the Committee to amend the Rules to eliminate
Section 14.4.2(A) - when the Mayor may vote.. She explained that the section was developed from Robert's Rules
of Order, but upon further research of state statute, staff determined that state law prevails and the Mayor's
obligation to break a tie vote is absolute, and no special rules apply when the tie vote is on a procedural matter.
The Mayor's obligation to vote on a tie is already covered in Section 14.4.1. Alderman Bradv moved to delete
Section 14.4.2. Seconded by Alderman Warshaw. Motion carried. No nays.
In response to questions from Alderman Newman, Assistant Corporation Counsel Szymanski explained that in a
Council with an odd number of members, the Mayor may not vote when an extraordinary majority is required, but
can only vote to break a tie on such a vote, even though her vote would make no difference in making up the
required majority in such a case. She further explained that a Mayor cannot vote on a motion to override a veto,
because Council Rule 26 (3) requires a 2/3's vote of only the elected aldermen.
Alderman Brady said that the Rules Committee, staff and the Legal Department ended up devoting an extraordinary
amount of time to revising the Rules. She said that they had nct anticipated that the reduction in the size of the
Council would have so many repercussions in the Rules. The number of aldermen determines which state statutes
apply to that council. She encouraged all those who will continue on Council to study the Rules very carefully,
because she predicted that they would find them procedurally very different.
Alderman Warshaw commented that revision of these Rules was a difficult process. In response to her question
on behalf of Alderman Feldman, Ms. Szymanski clarified that a Mayor can only vote on a motion to overturn her
own ruling if there is a tie vote.
Vote on Resolution 41-R-93. as amended. motion carried. No�nays.
Alderman Brady called Council's.7attention to the sheet containing the grid of boards and commissions and to whom
they report. She felt that there were two discrepancies - the Housing Mortgage Corporation, which is classified
as a non -City board. She said that if it reports to anyone at all it would seem to her that it would report to the
-Planning-and.Development Committee. She asked staff to consider that change. The other committee she felt was
listed as reporting to the wrong committee, was the Board of Ethics. She could not recall it ever reporting to the
Rules Committee, even though she -had served four of her eight years on Council on the Rules Committee. She
felt it should report directly to the Council' and, asked staff to look into that as well.
* Docket 56-3A-93: Resolution 25-R-93 - Citv-Chamber Liaison Committee, -
Consideration of proposed Resolution 25-R-93, by which the City Council would
reduce the Aldermanic membership on the City -Chamber Liaison Committee
from four to two. * ADOPTED - CONSENT AGENDA MOTION AND ROLL_
CALL. (14-0)
* Docket 57-3A-93: Resolution 26-R-93 - Flood & Pollution Control,
Commission - Consideration of proposed Resolution 26-R-93, by which the City
Council would reduce the Aldermanic membership on the Flood & Pollution
Control Commission from four to two, and that the citizen membership be
increased from two to four members. * ADOPTED - CONSENT AGENDA
MOTION AND ROLL CALL. (14-0)
* Docket 58-3A-93: Resolution 28-R-93 - Police Services Committee -
Consideration of proposed'Resolution 28-R-93, by which the City Council would
repeal the Police Services Committee; that the Human Services Committee be
assigned the responsibility and authority to review the disposition of all
complaints filed with the Police Department; and that the Administration &
Public Works Committee be assigned the responsibility and authority to keep the
City Council aware and informed of police policies and problems and the City
Manager and Chief of Police aware and informed of Council and citizen
attitudes, concerns, and problems with law enforcement activity. * ADOPTED -
CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
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* Docket 59-3A-93: Resolution 29-R-93 - Farmers' Market Commission -
Consideration of proposed Resolution 29-R-93, by which the Human Services
Committee would be responsible for the oversight of the Farmers' Market.
ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
* Docket 60-3A-93: Resolution 30-R-93 - City -School Liaison Committee -
Consideration of proposed Resolution 30-R-93, by which the City Council would
reduce the Aldermanic membership on the City -School Liaison Committee from
four to two. * ADOPTED - CONSENT AGENDA MOTION AND ROLL,
CALL. (14-0)
*Docket 61-3A-93: Resolution 31-R-93 - Townshiv Committee, -Consideration
of proposed Resolution 31-R-qj , by which the City Council would repeal
Resolution 50-R-9�, which established the Township Committee; that the Human
Services Committee be assigned the responsibility and authority to act as liaison
between the Township Board of Trustees and the Township Supervisor and
Assessor; provide oversight of Township operations and policies; and develop
recommendations to the Trustees on the Township budget and other Township
matters. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL.,
14-0
* Docket 62-3A-93: Resolution 32-R-93 - Budget Policv Committee -
Consideration of proposed Resolution 32-R-93, by which the City Council would
eliminate the Budget Policy Committee and assign its duties and responsibilities
to the Administration & Public Works Committee.
* ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
* Docket 63-3A-93: Resolution 33-R-93 - Unified Budgeting Panel, -
Consideration of proposed Resolution 33-R-93, by which the City Council would
add the responsibilities of the Unified Budgeting Panel to the duties of the
Human Services Committee, including reviewing requests and making
disbursements of City funds to social service agencies. * ADOPTED -
CONSENT AGENDA MOTION AND ROLL CALL. (14-0)
* Docket 64-3A-93: Resolution 34-R-93 - Sister Cities Foundation -
Consideration of proposed Resolution 34-R-93, by which the City Council would
reduce the Aldermanic membership on the Board of Directors of the Sister
Cities Foundation from four to one. * ADOPTED - CONSENT AGENDA
MOTION AND ROLL CALL. (14-0)
* Docket 65-3A-93: Resolution 35-R-93 - Mavor's Special Parking Committee -
Consideration of proposed Resolution 35-R-93, by which the City council
would formalize the Mayor's Special Parking Committee as the parking
Committee with the membership to include two Aldermen.
* ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (14-01
* Docket 67-3A-93: Ordinance 17-0-93 - Farmers's Market Commission, -
Consideration of proposed Ordinance 17-0-93, by which the City Council would
eliminate the Farmer's Market Commission and assign its duties and
responsibilities to the Human Services Committee.
* MARKED INTRODUCED - CONSENT AGENDA
March 8, 1993
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11 March .8, .1993
* Docket 68-3A-93: Ordinance 18-0-93 - Housins Commission - Consideration
of proposed Ordinance 18-0-93, by which the City Council would eliminate the 3
Aldermanic membership to the Housing Commission. * MARKED
INTRODUCED - CONSENT AGENDA
* Docket 69-3A-93: Ordinance 19-0-93 - Mental Health Board - Consideration
of proposed Ordinance 19-0-93, by which the City Council would eliminate the
Aldermanic membership to the Mental . Health Board. * MARKED
INTRODUCED - CONSENT AGENDA
* Docket 70-3A-93: Ordinance 20-0-93 - Zonine Amendment Committee -
Consideration of proposed Ordinance 20-0-93, by which the City Council would
assign the duties and responsibilities of the Zoning Amendment Committee to
the Plan Commission. * MARKED INTRODUCED - CONSENT AGENDA
* Docket 71-3A-93: Ordinance 21-0-93 - Pronerty Services Board -
Consideration of proposed Ordinance 21-0-93, by which the City Council would
create a Property Services Board to consist of the Building Code of Appeals
Board, the Board of Heating, Air Conditioning, and Refrigeration License
Examiners, the Burglary Prevention Board of Appeals, and the Housing Code
Compliance Review Board; and that the Board shall consist of seven members
to be appointed by the Mayor with the consent of the City Council. * MARKED
INTRODUCED - CONSENT AGENDA
* Docket 72-3A-93: Monthly Townshin Bills - Consideration of a
recommendation that the City Council approve the Township bills, medical
payments and payroll for the month of February 1993 in the amount of
$123,660.86. * APPROVED - CONSENT AGENDA MOTION AND ROLL
CALL. (14-01
APPOINTMENTS: None
CALL OF THE WARDS:
Alderman Warshaw called Council's attention to the materials she had handed out that evening which she had
brought back from the National League of Cities (NLC) Meeting. She said that Mayor Barr and Aldermen Davis
and Wollin were still in Washington D.C. meeting with our elected officials. She reported that President Clinton
had spoken to the NLC group that day and that they had voted to support his economic recovery plan. She said
that they were very impressed with what he brought to them. His proposed budget includes funding for Evanston's
Summer Youth Employment Program as part of his economic stimulus for jobs. Under this economic recovery jobs
program, the City can get a maximum of $1,318,000 for projects that are ready to go, including infrastructure
projects and Community Development (CD) related projects. If this budget passes, Evanston stands to gain 60%
of our CD Budget in addition to its regular CD allocation. She hoped that the City has lots of projects ready to go
so it can take this opportunity to create jobs, because we need it.
Alderman Feldman made reference to concerns expressed during Citizen's Comment about the proposed
redevelopment of Main Street Commons. He urged all aldermen to attend the March 14 meeting. He felt that the
citizens had reasonable concerns that needed to be addressed.
Alderman Rainev moved Council reconsideration of the vote to award the E-911 communications center construction
nroiect to ACM Associates. Seconded by Alderman Eneelman.. She explained that she had voted on the prevailing
side and she would like to refer the purchase back to the E-911 Committee for the purpose of reviewing the bids
as submitted. She said that she felt that the unique deduct presented by Continental Construction was not given
adequate consideration.
12 March 8, 1993
In response to a question from Alderman Brady, Mr. Hill explained that the Committee would not consider any
information in addition to what was presented with the bids. Alderman Rainey further clarified that one of the
things that the E-911 had voted not to deduct was the enclosure for the generator. She heard for the first time
tonight at Citizen Comment that the enclosure for the generator was not being eliminated by Continental
Construction in their unique deduct. When the Committee received the paper work from Continental, it said that
their unique deduct was "Sprinkler/Enclosure." The committee did not want to eliminate the enclosure, and with
the amount attached - approximately $14,000 - they thought that was what it called for. It wasn't until Citizen
Comment that she realized that it was different than they understood.
City Manager Anderson clarified that the review by the Committee would not include any modifications to the bid
or bid documents either in the amount or the service to be provided.
In response to a further question from Alderman Brady, City Manager Anderson said that it was not unusual nor
inappropriate to address a question of clarification to a bid. It only becomes inappropriate if there is any change
to a bid. Alderman Rainey added that this was the only contractor who submitted a unique deduct.
Alderman Feldman said that he had no problem with the Committee going back to the contractor for clarification
as long as there were no changes allowed to the bid, especially if there was some confusion regarding what was
being proposed.
Alderman Rainey stated that she was doing this so the Committee could get clarification, not to necessarily change
the Council's vote.
Vote to reconsider the award of the contract to ACM Associates. Motion carried (one nav).
Alderman Rainev moved to send the contract for the construction of the E-911 communications center back to the
E-911-Committee for review. Seconded by Alderman Drummer. Motion carried.
Alderman Moran complimented Mothers Against Gangs (MAG) for the tremendous fund raising party that they held,
the previous Saturday evening. He also congratulated all the students and adults involved in the current YMCA'
Brillianteen production. He reported seeing it the previous weekend and urged everyone to try to see the production
of "Wonderful Town." next Friday or Saturday.
Alderman Kent made reference to the ordinance adopted this evening to pave the Church and Leland area and asked
that a proper street sign and stop sign be erected. He also asked that a speed limit sign be posted with a the speed
limit of 15 MPH through the newly paved area.
Alderman Esch commented that the meeting the previous day to discuss Main Street Commons had been very well
attended. She asked Assistant City` Manager Aiello to bring the list of concerns raised at neighborhood meetings
a year ago to the meeting scheduled for March 14. She felt that they were very similar to the concerns being raised
now. She explained that the reason some people might have felt that they had not gotten any response to their
concerns is because the plans had not been fully developed then. She pointed out that they had to be drawn before
some of those concerns could be addressed. She joined Alderman Feldman in requesting that all aldermen attend
the meeting.
Alderman Drummer added his request to that of Aldermen Feldman and Esch that all aldermen_ attend the March
14 meeting.
Alderman Paden congratulated Mothers Against Gangs for their outstanding activity the other night and noted that
it was well attended. She also congratulated Alderman Washington for being such a good Mayor pro tem this
evening.
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13 March 8, 1993
Alderman Newman pointed out that over the last two months the City has had a dramatic decrease in it crime
statistics, especially in burglaries and robberies. He congratulated Police Chief Jacobi and the Police Department
for all their good work. He said that their efforts were very much appreciated and hoped that this very positive
trend would continue.
Alderman Newman noted that any dollars the City of Evanston receives from the federal government represents
property tax relief for the citizens of Evanston, because anything that is paid for by the federal government will not
have to be paid for by local dollars. He hoped staff would immediately respond to Alderman Warshaw's comments
and report back to the Council, perhaps within 30 days or sooner, what Evanston is going to do to make sure it will
get every one of the dollars that are available to the City. He suggested that it should be at the top of the City's
priority list to bring this money back to the City and whatever efforts members of this Council can contribute, they
should be made aware of and, hopefully, they can make themselves available. He said that that suggestion also
included whatever they could do regarding the surcharge. As everyone is aware, if the surcharge is continued after
June 30, it will money that will be available every year and represents property tax relief to the citizens of
Evanston. He asked the City Manager to convene a meeting with the City's lobbyist, Mr. Suffredin, to discuss what
efforts the City will be making, including having members of the City Council going to Springfield to lobby. He
said that we are not spending the money on concrete, but on people, and the City is relying on that money and is
entitled to it. He felt that the participation of elected officials in this effort is very important and asked the City
Manager to coordinate that effort by setting up a meeting with Mr. Suffredin.
Alderman Fiske noted that several aldermen had commented about the celebration held by Mothers Against Gangs
to commemorate the first anniversary of its founding. He felt that the event itself was a tribute to the community
commitment to that process and added his congratulations to those already expressed. He felt that MAG's activities
reflected a resourceful approach to community problems, as were the activities of the couple who own the bakery
on Main Street and the approach to panhandling suggested by the Chamber of Commerce. He said that we have
a community with a lot of bright and resourceful people in it and felt that any citizen participation or other
organizational participation in resolving problems with creative solutions should be applauded and recognized.
City Manager Anderson agreed with Alderman Newman's comments that it will be necessary for the City to be in
Springfield to make its views about the surcharge known. He felt that it is very frustrating for Council and staff,
who have worked so hard to freeze the property tax levy, and to have City employees taking a 0 % increase in
across the board salary increases while state expenditures continue to go up and state employees are scheduled to
get a 5 % increase in wages. And the state is planning to take money away from the City to fund this. Citizens
should realize that the money is not going to services for people, but to wages for state employees. It is a real
serious problem. He announced that at meeting with Mr. Suffredin is scheduled for Friday morning at 7:30 A.M.
in his office and invited all aldermen to attend. He suggested it would be only one of many.
Alderman Rainey moved that Council go into Closed Session to consider personnel matters. Seconded by Alderman
Engelman. Roll Call. Voting aye - Rainey, Lanyon, Feldman, Warshaw, Fiske, Newman, Paden, Drummer,
Brady, Esch, Washington, Kent, Moran, Engelman. Voting nay - none. Motion carried. (14-0)
The Council so recessed at 10:47 P.M. and reconvened in Open Session at 11:22 P.M.
Alderman Drummer moved Council approval of the wage agreement ratified by the AFSCME union as amended
to include merit increases in the amount of $30,000. Seconded by Alderman Lanyon. Motion carried. No nays.
There being no further business to come before the Council, Mayor pro tern Washington called for a motion to
adjourn. The Council so moved and adjourned at 11:24 P.M.
KIRSTEN F. DAVIS
CITY CLERK
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