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HomeMy WebLinkAboutMINUTES-1993-04-13-1993CITY COUNCII. April 13, 1993 OF EV'�`rl' o~ CQ 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 Fe OFFICIAL REGULAR MEETING of the City Council was held on Tuesday, April 13, 1993 at 9:50 P.M. in the City Council amber. ROLL CALL - PRESENT: Alderman Fiske Alderman Newman Alderman Drummer Alderman Davis Alderman Brady Alderman Esch Alderman Heydemann Alderman Washington Alderman Kent A quorum being present. ABSENT: Alderman Paden TARDY: None Alderman Moran Alderman Nelson Alderman Wollin Alderman Engelman Alderman Rainey Alderman Lanyon Alderman Feldman Alderman Warshaw City Clerk Kirsten F. Davis announced that, in the absence of Mayor Barr, nominations for the election of a Mayor pro tern were in order and that, in accordance with Council Rule 15.7, Alderman Kent was next on the list of aldermen by seniority who have not served as Mayor pro tem. Alderman Nelson nominated Alderman Kent. Seconded by Alderman Engelman. Motion carried. No nays. PRESIDING: Mayor pro tem Joe Kent 2 April 13, 1993 CITY MANAGER ANNOUNCEMENTS: City Manager Eric A. Anderson presented the Clifford H. Fore Distinguished Service Award to Superintendent of Water and Sewers, Richard J. Figurelli and congratulated him for receiving the honor. The award was given to Mr. Figurelli by the Illinois Section of the American Water Works Association for actively displaying unselfish devotion in assisting members of the water works industry to advance water works operations and professionalism. City Manager Anderson presented Joe Brown, an employee of the Division of Streets and Sanitation, an award of $2500 for his suggestion about the handling of the City's compost facility. Mr. Brown suggested that the City could handle the turning of the compost piles in-house and suggested a way to do it. His suggestion has resulted in a savings of about $15,000 a year and the City is still producing high quality compost. Mr. Anderson explained that the suggestion program had been in place since 1988 and gives $250 awards for intangible suggestions (such as something safety related) and 15 % or up to $2500 for suggestions that result in budget savings. He congratulated Mr. Brown and thanked him for his continuing good work. CITIZEN COMMENT: Davidson Ream, 910 Monroe, representing the Mental Health Association of Evanston (MHA) spoke about the position of the MHA regarding the proposed zoning ordinance as it relates to residential care homes. The group maintains that Category I (4-8 residents) residential care homes should be permitted uses in Rl-R3 Districts; that there should be no distance requirements between Category I homes; that Category I homes should not be licensed by the City and that Category II (9-15 residents) should not be licensed by the City as they are already licensed by the state. He noted that recent federal court decisions support their position and urged the Council to abide by federal fair housing regulations or be prepared for lawsuits. Diane Llovd, 2807 Harrison St., President of the League of Women Voters, noted that the League has been monitoring the State for compliance with the Federal Fair Housing Act to assure that persons with disabilities and mental health problems will have equal access to housing choices mandated by federal law. She urged Council to pass a zoning ordinance that is in compliance with that federal law. She also urged Council not to make Category I homes a Special Use. Ms. Lloyd commended the Environment Control Board for recommending an integrated program of pest management to deal with the gypsy moth problem. She was pleased to see that the program also addressed tree health. She said that the League was concerned about large scale use of insecticides and the effect they might have on chemically sensitive people. The League encourages the City to use the least toxic method of pest management, including trapping, luring and scouting. She hoped that the Council would carefully weigh the benefits of large- scale spraying against the potential adverse effects spraying from a helicopter might have on humans. Lois Mazor, 729 Brown Avenue, urged Council to allow small group homes (Category 1) as a permitted use in all residential zoning districts, because it would comply with federal fair housing regulations. She said that she worked with the developmentally disabled and felt that they deserved to have the same housing options as everyone in the room. Arthur Diers, Chairman of the Mental Health Board (MHB), said that MHB was committed to the development of group homes and felt that those who had developmental disabilities and mental health problems had a right to live anywhere at any time. He noted that the MHB had followed the deliberations on the zoning ordinance and had presented statements previously. He reminded Council that the Board had given them a report on studies of the impact of group homes on neighborhoods, and those studies found there to be no negative impact. Housing values did not decrease, crime did not go up, nor did the neighborhoods deteriorate. He noted that there were currently small group homes of three beds in the Sixth, Eighth and Ninth wards, a size which is below the City's threshold for regulation. The MHB supports appropriate housing for people with special needs, with no distancing requirement for Category I homes and a 900-foot distance requirement between Category II homes. He felt that both categories of homes should be permitted in all areas, but that Category II homes should be a special use in Rl-R3 areas. He said that the intent of the federal fair housing regulations is to assure equal access to housing qjl April 13, 1993 r_ : choices to all regardless of their disabilities. He noted that it was the Twenty-fifth Anniversary of the adoption of the Fair Housing Ordinance and urged Council to adopt a zoning ordinance that was in compliance with the federal regulations and allowed people the same access to housing as everyone else. Camille Stauber, 9910 Keystone, Skokie, applauded the City Council and the Environmental Control Board for their recommendations to pursue an integrated pest management program, but expressed concern that it included spraying with a pesticide. She said that no pesticide could be considered safe. As a landscape architect and mother, she was concerned about the effect of spaying a pesticide so close to the lake, where it could get in the water supply. She said that her child and others would have to stay home the day spraying is done. She urged Council to focus on less toxic ways of pest management. Diane Korline, 1914 Orrington, urged Council to look carefully at the regulations in the proposed zoning ordinance that deal with offices in homes. She noted that she had made some suggestions in this regard and they had been incorporated in subsequent drafts. She said that it was a quality of life issue and that while some people preferred to work at home, others were forced to do so by downsizing and layoffs. She noted that there were a lot of good brains working at home whose income helped support their mortgage and taxes and keep them in Evanston. She asked that Council consider that in adopting the proposed zoning ordinance. Alderman Nelson moved to extend the Citizen Comment period. Seconded by Alderman Hevdemann. Motion carried. No nays. Daniel Wilson, 1801 Asbury, said he had given the zoning consultant some suggestions for technical corrections in the latest draft of the zoning ordinance and would also leave his comments with Alderman Drummer. He discussed the two height limitations that have been proposed for the Central Business District, 220-feet and 260-feet, both of which include parking. He urged Council to limit height to 220-feet because he felt that taller buildings conflicted with the residential character of the City. Mr. Wilson reviewed the history of adopting various of the City's zoning ordinances, beginning with 1921 and noted that those drafting or amending them always struggled with the question of height. He read a 1937 statement about height by Robert Kingery. He urged the Council to adopt the 220-foot limitation, with parking decks, so it will preserve the residential nature of the City. Frank Hoover, 725 Roslyn, commended Mr. Wilson for his history lesson on zoning. Mr. Hoover said that he had a laundry list of changes he would still like to see made in the proposed ordinance, but would address only two points this evening. He urged Council to eliminate Section 3.6-6, which allows Council, with the recommendation of the Plan Commission, to extend the height limitations in a planned development. He also urged that the last sentence in Section 15.12-1 be eliminated so planned developments would not be mandatory in Office Overlay Districts. He felt it restricted the ability of an owner to what he should be able to do by right. NHNUTES: Alderman Lanyon moved that the minutes of the Special Meetings of January 23 and 30; Public Hearings of February 1 and February 2; Special Meetings of February 27, March 10, 13 and 15; the Regular Meeting of March 22, 1993, as submitted in writing to members of the City Council, be approved without reading. Seconded by Alderman Nelson. Alderman Warshaw noted that her comments on Page 8, in Call of the Wards, also should include City Manager Anderson as meeting with the delegation from China. With this correction, motion carried. No nays. CLOSED SESSION: Mayor pro tern Kent announced that there would be a Closed Session to deal with pending litigation and land acquisition following the Council meeting. CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Nelson moved Council approval of the Consent Agenda with the following exceptions: Docket 85-4A-93: Proposed Gypsy Moth Control Program; Docket 80-3B-93: Ordinance 39-0-93 - Definition of Lowest Bidder; Docket 75-3B-93: Ordinance 38-0-93 - ZBA 92-41-V(R) - Variation for 635 Chicago Avenue and Docket 100-4A-93: Resolution 49-R-93 - Fair Housing. (� �\ 4 April 13, 1993 Seconded by Alderman Feldman. Roll call. Voting aye - Fiske, Newman, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw. Voting nay - none. Motion carried. No nays. (17-0) ADMINISTRATION & PUBLIC WORKS CONEM=E: BILLS AND PAYROLL: * Approval, as recommended, of City of Evanston bills for the period ending April 7, 1993; for City of Evanston payrolls for periods ending March 21 and April 4, 1993; for City Council payroll for the month of March 1993; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $2,229,294.20 City of Evanston payroll (3/21/93) 1,212,598.88 City of Evanston payroll (4/4/93) 1,185,387.41 City Council payroll 6,300.00 * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) PURCHASES: * Approval of the low bid from COMARK for the purchase of Personal Computer hardware and software at a total cost of $74,938. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the low bid from Globe Construction for the 1993-94 501501 Sidewalk and Curb Replacement Program at the unit prices bid for a total estimated cost of $148,630. * APPROVED - CONSENT AGENDA. MOTION AND ROLL CALL. (17-0) Bidder Sidewalks Curb Combination Total Type B Tvve B6.12 Program Cost Unit Est. Unit Est. Unit Est. Price Total Price Total Price Total Globe Construction $2.27 $133,930 $7.00 $14,000 $ 7.00 $ 700 $148,630.00 Addison, IL Schroeder & Schroeder 2.23 138,650 7.00 14,000 8.50 850 154,110.00 Des Plaines, IL Trialta Construction 2.29 135,110 9.00 18,000 10.00 1,000 154,110.00 Addison, IL G&M Cement Construction 2.47 145,730 3.99 7,980 9.75 975 154,685.00 Addison, IL M&C Scavelli, Inc. 2.38 140,420 7.08 14,160 8.25 825 155,405.00 Chicago, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the purchase of plant material from each of the nurseries listed below in the amounts specified. The total cost of this purchase is $33,170.80. Bidder Total Cost Kaknes Landscape Supply $16,537.50 Naperville, IL r 5 April 13, 1993 Berthold Nursery 7,023.00 Elk Grove Village, II. St. Aubin Nursery 3,688.00 Kirkland, II. Klehm Nursery 3,521.30 South Barrington, II. Shemin Nursery 2,401.00 Addison, II. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the low bid from Underground Pipe & Valve Co. for Fire Hydrants for the Water Department at a total cost of $27,315. BID SUMMARY: Bidder (Alternate) Waterous Hvdrant Clow Hvdrant Underground Pipe & Valve No Bid $ 27,315.00 Plainfield, IL Water Products Co. $ 30,967.50 27,889.50 Aurora, IL Water Pro Supplies Corp. 30,375.90 No Bid Carol Stream, IL Ziebell Water Service 31,620.00 No Bid - Elk Grove Village, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-O) * Approval of the low bid from Water Products Co. for Water Department Valves and Valve Boxes at a total cost of $14,246.00 BID SUMMARY: Bidder Total Cost Water Products Co. $ 14,246.00 Aurora, IL Underground Pipe & Valve 15,180.00 Plainfield, IL Water Pro Supplies Corp. 15,502.35 Carol Stream, II, Ziebell Water Service 15,997.50 Elk Grove Village, IL * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 6 April 13, 1993 * Approval of the low bid from Joseph Foreman Co., for Replacement Manhole Covers for the Water Department at a total cost of $11,685.00 BID SUMMARY: Bidder Joseph Foreman Co. Barrington, EL East Jordan Iron Works East Jordan, MI Neenah Foundry Carol Stream, EL Water Pro Supplies Corp. Carol Stream, EL * APPROVED - CONSENT Total Cost $ 11,685.00 13,075.00 13,195.00 15,845.80 AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the low bid from George W. Kennedy Construction for the Mulford Street Outlet Sewer Replacement at the unit prices bid for a total estimated cost of $52,660.00 BID SUMMARY: Bidder George W. Kennedy Construction Waukegan, IL Vincent DiVito, Inc. Glen Ellyn, IL * APPROVED - CONSENT Total Estimated Cost $ 52,660.00 56,500.00 AGENDA MOTION AND ROLL CALL. (17-01 * Approval of the low bid from National Power Rodding Corp., for Sewer Pipeline and Catchbasin Cleaning at a total cost of $179,690.50. BID SUMMARY: Bidder Total Cost National Power Rodding Corp. $ 179,690.50 Chicago, IL American Power Rodding Corp. 196,476.70 Wauconda, IL Visu-Sewer Clean & Seal, Inc. 235,343.94 Menomonee Falls, WI * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of the proposal from Henry Pratt Co., for Duracyl Actuators for the Water Plant at a total cost of $29,823.00 (Non -Bid Item, Requires a 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-O) * Approval of the proposal from Visu-Sewer Clean & Seal, Inc., for Herbicide Application (root treatment) to sewer mains throughout Evanston at the unit prices offered for an estimated total cost of $28,755.40. (Non -Bid Item, Requires a 2/3 Majority Vote) * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 1 1 7 April 13, 1993 n1 * Appiwal of the low bid from Arrow Equipment Co., for a concrete saw for the Street Department at a total cost of $11;M3.45. BID SIIIWIMARY: Bidder Arrow Sluipment Co. Chicagm, II. Wirtz'llkmtals Co. Chicag% EL * APPROVED - CONSENT Total Cost $ 11,283.45 14,256.00 AGENDA MOTION AND ROLL CALL. (17-0) * Apptval of the proposal from Harza Environmental Services, Inc., for Construction Engineering Services for the LotgRange Sewer Plan - Phase III at an estimated cost of $1,200,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Appmml of the proposal from Harza Environmental Services, Inc., for Design Services for Phase IV of the Long Range fewer Plan in the amount of $865,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. U7-0) * Appaaval of the proposal from Harza Environmental Services, Inc., for Design Services for Phase V - Long Range lower Plan in the amount of $572,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL117-0) * Appnwal of Change Order No. 6 for the Transportation Center, which include five changes resulting in cost reductirms and seven changes adding cost to the project. The net change results in an increase of $9,157.12 resultimSin a revised contract cost of $8,246,456.99 * APPROVED - CONSENT AGENDA MOTION AND ROLLtCALL. (17-0) * AppraAal of Change Order No. 2 for Area I, Phase H of the relief Sewer Project to DiPaolo Company to establish a methat of restoring street pavement on Grey, Noyes and Brown at a cost of $71,150.30. * APPROVED - CONSE!iT AGENDA MOTION AND ROLL CALL. (17-0) * Approval of Change Order No. 3 for Area III, Phase II Relief Sewer Project, to the DiPaolo Company, to replace 52 exitfug catch basin drainage structures with 44 new catch basins and 8 new inlet drainage structures at a cost of $10%$20 raising the contract cost of $2,637,981.36 * APPROVED - CONSENT AGENDA MOTION AND ROLLCAALL. (17-0) * Appaval of the proposal from D. A. Crain & Company for Catch Basin Restrictor Sleeve Pipe Assemblies for the W*r Department at a total cost of $12,008. (Non -Bid Item, Requires a 2/3 Majority Vote) * APPROVED - COMENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 78-313-93: Energy Alternatives Task Force Multi -Year Work Plan - Consideration of a recommendation that the City Council approve of a Multi- year Work Plan for the Energy Alternatives Task Force. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 85-4A-93: Proposed Gvvsv Moth Control Program - Consideration of a recommendation that the City Council approve a Gypsy Moth Control Program to include spraying and an Integrated Pest Management Program. Aldemm Newman moved Council approval of the Gypsy Moth Control Program. Seconded by Alderman Wollin. 8 April 13, 1993 'o In response to a question from Alderman Engelman, Alderman Newman reported that the Committee had heard reports from Director of Parks, Recreation and Forestry, Don Wirth, Superintendent of Parks, Dennis Ceplecha, and Stan Smith from the Illinois Department of Agriculture concerning the proposed program and also had received testimony from citizens who were concerned about the possible adverse effects of the spraying component of the program. He said that it was the Committee's feeling that if the City did not go forward with the program at this time, it would be compelled to do so at a future date. The Committee decided to go along with the recommendations of staff and the Department of Agriculture to get on top of the problem early, while receiving assurances about the safeguards built into the program to deal with its effect on health. The Committee vote was 3-2 to recommend that the City go ahead. Alderman Nelson noted that it seemed that the smaller expenditures received the most intense scrutiny. He also noted that the State has the ability to quarantine the community if it finds it necessary to do so to control a pest. The question would be under what conditions could the quarantine be imposed and for how long. The State indicated that it has rarely had to use the power of quarantine because it has been able to educate people to deal with a problem before it gets out of control. He said that gypsy moths were not an overwhelming problem yet and it would be a few years before they would be. The State will continue to monitor them and if it appeared to them that they were becoming a problem, they would not hesitate to exercise their powers of quarantine. Alderman Fiske said that the City needs to work out its problems with the State, but he did not feel that the proposal up for consideration was the appropriate reaction to the problem at this time. He felt that an integrated program of pest management should not include helicopter spraying now. He expressed concern that the State was apparently threatening Evanston with quarantine, if it did not go along with this plan. Alderman Heydemann expressed concern with the program because she felt that it seemed to be an extreme measure when compared to the amount of infestation. Alderman Hevdemann moved to hold this item over. She said that she would like to research methods used in other communities to control the gypsy moths and their effectiveness. She said that spraying from a helicopter has a strong effect on the whole community. She felt there were other measures that might be better able to target and control the moths. Seconded by Alderman Rainev. Alderman Lanyon asked what the State response would be if Evanston moved to eliminate spraying from the program. Alderman Wollin moved to override the motion to hold over. Seconded by Alderman Nelson. Alderman Wollin said that she had spent a great deal of time studying the information provided in the packet and had a difficult time reaching a decision on this recommendation. She asked Mr. Wirth or Mr. Stan Smith from the Department of Agriculture, to explain the time -line involved with the program and its relation to other communities, which are part of a coordinated effort. In response to a further question from Alderman Rainey, Mr. Smith explained that spraying depended on the weather and how the trees were progressing in leafing out. He said that they were expecting to spray about the second week in May. He made it clear that the State will quarantine the City if it does not agree to the spraying program because they are trying to protect the whole State from becoming infested and want to eliminate the artificial spread of the eggs by humans instead of by moths. Alderman Nelson noted that the insecticide they are planning to spray is not a chemical, but a biological one that includes other inert ingredients. It is a dilute spray carried by alcohol and water and which persists in the environment for about three hours. He said that the City is committed to work with physicians of chemically sensitive individuals to preclude danger to them and habitation. In response to a question from Alderman Heydemann, Mr. Smith explained that the Department of Agriculture has had the ability to quarantine communities to avoid the spread of pests since the early 1900's. He said that nothing can leave a quarantined community, including yard waste, tree trimmings, boat trailers, motor homes, etc., without being inspected. They try to inspect everything that moves out of the area. He noted that two communities, Wood Dale and Bensenville were quarantined several years ago. Both communities required a two year treatment 9 April 13, 1993 i �D program. In response to a further question from Alderman Heydemann, he explained that the Department of Agriculture was in an eradication mode, not a control mode at this time. They are trying to eliminate the gypsy moth before it becomes established. In response to questions from Alderman Lanyon, Mr. Smith explained that there were no reported health effects from the spraying in Bensenville and WoodDale. He also said they would use the same program in Rogers Paris if egg masses were found there. Alderman Drummer noted that the discussion was getting beyond the motion to override the hold over. Alderman Brady urged Council to vote to override the motion to hold over because they had already received all the information about the program in their packet and Mr. Smith was present to respond to questions, which he might not be able to be on April 26. In response to a question from Alderman Esch, Mr. Smith said that, while it was possible that gypsy moths could be carried over the lake from Michigan, it was not very likely. The distance is too great. He said that 90 % of the infestations were brought by household moves from the East. Alderman Heydemann withdrew her motion to hold over. In response to a question from Alderman Heydemann, Mr. Smith said that any infestation from Michigan was brought on camping equipment and not blown across the lake. Alderman Davis said that she had spent a great deal of time going through the materials provided and her son was studying gypsy moths for his science project, and she had reviewed his materials. While she has young children and is concerned about the human impact of this program, she felt it was important to minimize the problem and try to eradicate while it is minimal. If this infestation is allowed to spread then more stringent measures will be required. When people see the little caterpillars falling out of the trees, they will go down to the hardware store and purchase something more toxic to get rid of them. Using the integrated pest management program, the City can get a handle on this problem while working with the people who are chemically sensitive. There are safeguards in place. She noted that her father, who is a botanist, said that if two egg masses were found, you can be assured that there are more around. Now is the time to go ahead with this program. City Manager Anderson strongly recommended that the City go forward with the spraying now. If spraying is not done now, the City will have to deal with it next year and may have to deal with an expanded area and the spraying will affect more people. It is important to act quickly now in a limited way and to work with those people who are chemically sensitive. He suggested that the Council go forward, work with the people, report back to the Administration and Public Works Committee about steps to deal with the problem and also to talk to Abbott Laboratories. Alderman Lanyon said that no one had spoken of the positive benefits of quarantining the Third Ward, but noted that all his questions were answered. Alderman Newman said that he was all set to vote against this program, but is now convinced that it is best for Evanston for the reasons that were stated by Alderman Davis. In response to a question from Alderman Newman, Mr. Smith said that helicopter spraying was the cheapest, most effective (and most dilute) way to apply the insecticide. In response to a question from Alderman Drummer, he said that spraying from the ground required a much heavier concentration of the insecticide and that every tree had to be sprayed. He said that Palatine, Wauconda, Lake Forest and Lake Bluff were ready to go with their spraying programs and that Wilmette was considering it the next night and Kenilworth would vote on it in the next week or two. Vote to approve the Integrated Pest Management Program - motion carried. No nays. V 10 April 13, 1993 1 * Docket 86-4A-93: Special Event - Youne Evanston Artists' Festival - Consideration of a request from the Chicago -Dempster Merchants Association for permission to hold the Sixth Annual Young Evanston Artists' Festival on May 15, 1993. City council approval of the use of public sidewalk along Chicago Avenue and Dempster Street and the closure of Sherman Place from Dempster north to mid -block is also requested. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 87-4A-93: Resolution 44-R-93 - 1993 Motor Fuel Tax Reuurfacine Proeram - Consideration of proposed Resolution 44-R-93, by which the City Council would appropriate $980,000 in 1993 Motor Fuel Tax Funds for resurfacing of various streets and authorize the City Manager to solicit bids for this work. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 88-4A-93: Resolution 45-R-93 - Special Event - Evanston Hosvital/Kiwanis Mini -Marathon - Consideration of proposed Resolution 45-R- 93, by which the City Council would assume liability for the closure of Sheridan Road for the Evanston Hospital/Kiwanis Annual Mini -Marathon to be held on Sunday, May 23, 1993. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 89-4A-93: Resolution 48-R-93 - Special Event - SvortFest '93 - Consideration of proposed Resolution 48-R-93, by which the City Council would assume liability for the closure of Sheridan Road on June 13 and September 26, 1993 for various footraces, bike races, and in -line skate races as part of "SportFest '93," sponsored by Windy City Sports Magazine. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-01 Docket 54-3A-93: Ordinance 36-0-93 - Residencv Requirements - Consideration of proposed Ordinance 36-0-93, by which the City Council would amend 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. Alderman Newman announced that this Ordinance was being held in Committee. * Docket 90-4A-93: Ordinance 42-0-93 - Overnight Parking - Chicago - Church/Davis - Consideration of proposed Ordinance 42-0-93, by which the City Council would amend Section 10-11-9, Schedule IX, of the Code of the City of evanston to change the overnight parking restriction on the east side of Chicago Avenue between Church and Davis Streets from "No Parking 2:00 A.M. to 6:00 A.M." * MARKED INTRODUCED - CONSENT AGENDA * Docket 91-4A-93: Ordinance 49-0-93 - Establishment of Enerev Commission - Consideration of proposed Ordinance 49-0-93, by which the City Council would establish an Energy Commission to be composed of eleven members who would.serve staggered four-year terms with five of the initial members serving two-year terms. * MARKED INTRODUCED - CONSENT AGENDA 1 11 April 13, 1993 * Docket 92-4A-93: Ordinance 50-0-93 - Sale of Bond Anticipation Bonds - Consideration of proposed Ordinance 50-0-93, by which the City Council would authorize the sale of Series 1993 Bond Anticipation Bonds in the amount of $46, 820,000 to be retired from proceeds of General Obligation Bonds to be sold in the years 1993 through 1998 for various capital improvement projects. * MARKED INTRODUCED - CONSENT AGENDA Alderman Newman moved Suspension of the Rules to adopt an Ordinance introduced this evening. Seconded by Alderman Rainey. Motion carried. No nays. Alderman Newman moved Council adoption of proposed Ordinance 50-0-93, introduced this evening. Seconded by Alderman Nelson. Roll call. Voting aye - Fiske, Newman, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw. Voting nay - none. Motion carried. No nays. (17-0) * Docket 93-4A-93: Ordinance 52-0-93 - Residential Parking - Garnett Place - Consideration of proposed Ordinance 52-0-93, by which the City Council would amend Section 10-11-10, Schedule X, of the Code of the City of Evanston to consolidate Parking Districts "G" and "H" into one District and add Garnett Place and a portion of Maple Avenue to the District. * MARKED INTRODUCED - CONSENT AGENDA * Docket 94-4A-93: Ordinance 53-0-93 - Expansion of Residential Parking District #7 - Consideration of proposed Ordinance 53-0-93, by which the City Council would amend Sections 10-11-8 and 10-11-18 of the Code of the City of Evanston to add Hartrey Avenue between Harrison and Lincoln Streets to Residents Only Parking District #7. * MARKED INTRODUCED - CONSENT AGENDA * Docket 80-3B-93: Ordinance 44-0-93 - Definition of Lowest Bidder - Consideration of proposed Ordinance 44-0-93, introduced on March 22, 1993, by which the City Council would amend Section 1-17-1 of the Code of the City of Evanston by defining lowest bidder for the purchase of goods and services. Alderman Newman moved Council adoption of proposed Ordinance 44-0-93. Seconded by Alderman Brady. Alderman Drummer moved to hold over this Ordinance. Seconded by Alderman Rainey. Alderman Drummer explained that he did not feel he had enough information to cast an informed vote. He asked that the issue be investigated further and that additional options be presented. He felt that it was important to increase the percentage difference, as well as the monetary difference allowed. Docket 81-313-93: Ordinance 40-0-93 - No Turn on Red - Chicago/Davis - Consideration of proposed Ordinance 40-0-93, introduced on March 22, 1993, by which the City Council would amend Section 10-11-3, Schedule III, of the Code of the City of Evanston to prohibit right turns on red at the intersection of Chicago Avenue and Davis Street. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 82-3B-93: Ordinance 41-0-93 - Expansion of Parking District "A" - Consideration of proposed Ordinance 41-0-93, introduced on March 22, 1993, by which the City Council would amend Section 10-11-10, Schedule X, of the Code of the City of Evanston, to include Sherman Avenue between Noyes and Foster Streets in Residential Parking District "A". * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) 12 April 13, 1993 * Docket 83-3B-93: Ordinance 45-0-93 - Parking Restrictions - Pitner - Washington/Cleveland - Consideration of proposed Ordinance 45-0-93, introduced on March 22, 1993, by which the City Council would amend Sections 10-11-8 and 10-11-9 of the Code of the City of Evanston to prohibit parking on Pitner Avenue between Washington and Cleveland Streets. ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) PLANNING AND DEVELOPMENT COMMIZTEE: * Docket 95-4A-93: Exemption from Provisions of Zoning Ordinance for New Library - Consideration of a recommendation that the City Council grant a municipal exemption from certain provisions of the Zoning Ordinance for the development of the new Public Library. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 96-4A-93: Request for Proposal for the Development of Vacant Parcels - Consideration of a Request for Proposals for the development of vacant parcels at 1816 Darrow, 1928 Foster, 1616 Darrow, and 1816 Dodge. The Request for Proposals is seeking development of affordable housing for larger Evanston families. The vacant parcels were purchased by the City of Evanston through the tax delinquent process. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) * Docket 97-4A-93: Plat of Consolidation - 2306 Ridge - Consideration of a request from Ralph and Diane Burgin Levinson for approval of a Plat of Consolidation for the property at 2306 Ridge Avenue. The consolidation is required by the applicants to permit construction of a building addition. The Plat of Consolidation is in proper form, and final approval is recommended. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) Docket 74-3A-93: Ordinance 43-0-93 - Comprehensive Amendment to the Zoning Ordinance - Consideration of proposed Ordinance 43-0-93 (formerly 88- 0-91), by which the City Council would adopt a comprehensive amendment to the City of Evanston Zoning Ordinance. A copy of proposed Ordinance 88-0- 91 and a descriptive memorandum were transmitted for the August 12, 1991 meeting. At the August 12, 1991 meeting, this matter was held in committee. A revised Public Hearing draft was transmitted and discussed at Special City Council meetings on February 27, March 10, March 13, and March 15, 1993. An additional revised copy is transmitted herewith. Alderman Heydemann moved Council adoption of proposed Ordinance 43-0-93, Comprehensive Amendments to the Zoning Ordinance. Seconded by Alderman Engelman. Alderman Wollin moved to hold over the adoption of this Ordinance. Seconded by Alderman Engelman. He also asked that the Zoning Ordinance be made a Special Order of Business. Aldermen Brady, Engelman, Drummer discussed the proposed schedule for the April 26 meeting. Alderman Heydemann moved to hold the April 26 Council meeting at 8:00 P.M.; that the Standing Committees meet at 7:00 P.M., with the Planning and Development Committee meeting beginning at 6:30 P.M. to deal with routine Committee business and then be open for citizen comment at 7:00 P.M.; and that the Zoning Ordinance be made a Special Order of Business. Motion carried. No nays. 13 April 13, 1993 10 * Docket 98-4A-93: Ordinance 51-0-93 (105-0-92) Amending Sian Regulations - Consideration of proposed Ordinance 51-0-93 (105-0-92), by which the City Council would amend Section 4-12 of the Code of the City of Evanston with respect to Sign Regulations. A memorandum from the Sign Review and Appeals Board was transmitted for the October 26, 1992 meeting. A copy of proposed Ordinance 105-0-92 was transmitted for the November 9, 1992 meeting. A copy of the amended Ordinance was transmitted for the November 23, 1992 meeting. At the november 23, 1992 meeting, this matter was held in Committee until January 11, 1993. The Committee held a Public Hearing on the Amendments on February 15, 1993. * MARKED INTRODUCED - CONSENT AGENDA Docket 75-3B-93: Ordinance 38-0-93 - Zonine Board of Appeals 92-41-V(R) - Variation for 635 Chicago Avenue - Consideration of proposed Ordinance 38-0- 93, introduced on March 22, 1993, by which the City Council, in accordance with the Zoning Board of Appeals' recommendation, would grant the application of Lake South Point Properties, general partnership as beneficiaries under the American National Bank & Trust Company of Chicago Trust #59155, and the Bond Drug Company of Illinois, prospective tenant, for variation from the use, off-street parking, and off-street loading -berth regulations of the Zoning Ordinance to permit installation of a drive-thru window to serve a proposed Walgreen's pharmacy, a reduction in the number of off-street parking spaces serving the shopping center from 93 spaces to 87 spaces, and a reduction in the number of off-street loading berths serving the shopping center from two spaces to one space, on the property at 635 Chicago Avenue. Alderman Heydemann moved Council adoption of proposed Ordinance 38-0-93. Seconded by Alderman Warshaw. Alderman Heydemann reported that the Committee had amended the Ordinance on Page 2, Section 2, to add the word "and", so it will read "...the dispension of prescription drugs and non-prescription drugs and medical devices when accompanied by prescription drugs." She said that the Committee wanted to be sure that the drive-thru window was used primarily for prescription drugs. Roll call. Voting aye - Fiske, Newman, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw. Voting nay - none. Motion carried. No nays. (17-0). Alderman Heydemann reported that the Committee had discussed the Plat of Subdivision for 202 Greenwood (under Items for Future Consideration on the back of the yellow agenda.) At the request of the owners and their attorney, they tabled it in Committee. At the request of Alderman Newman, Alderman Heydemann reported that the Planning and Development had heard a presentation by the John Buck Company on the project proposed for the Washington National Site. Their presentation included a model of the proposal. They told the Committee that they were proposing to build 330 apartments in a building 250-feet tall. The Committee had spent some time discussing the building south of the proposed apartment tower that is slated for retail or commercial use, but it was unable to get any kind of definite commitment out of the developer about what would go in here. Negotiations are apparently under way. They also discussed materials to be used' in the building such as brass fixtures, oak doors and moldings. The Buck Company presented their marketing research that showed that the building would be targeted to empty -nesters who wanted to remain in an urban setting. She said that the Committee had directed staff to prepare an ordinance incorporating the 250 foot height, so it would have something to discuss at the next meeting. She said that there was no opportunity for audience comment and that opportunities will be provided at the next meeting. She reported that the Committee had also discussed Mr. Siegel's legal opinion which said that Council may vote to change the recommendation for height made by the Zoning Board of Appeals (ZBA), but it must be done by a two-thirds vote. She said that the height difference would be the only deviation from the ZBA recommendation. o� 1 14 April 13,1993 Alderman Warshaw pointed out that the developer was only interested in an ordinance that included the 250 height. and that it would be no use to draft an ordinance complying with the ZBA recommendation. In response to a question from Alderman Newman, Alderman Heydemann said that the Committee wanted to keep the zoning issues and the economic issues separate and felt that it was necessary to deal with the zoning issues first. Alderman Nelson noted that the Economic Development Committee had passed along two economic proposals to the Council with no recommendations. One is that the City would contribute $2.5 million to the project and support a yield protection plan that would protect a 10 % return on investment for the company. The other proposal was that the City would contribute $5 to $6 million to the project. Both proposals would be funded by Tax Increment Financing (TIF) - the first would be a pay-as-you-go TIF. Alderman Brady discussed the timing for discussion and a vote on this project. She strongly recommended that it not be before the Council on May 10, when the Old/New Council meeting will take place. She suggested that a Special Meeting be held between April 26 and May 10. She said that the ordinance could be introduced at the next meeting, debated and adopted at a Special Meeting, or held over for consideration by the new Council. City Manager Anderson said that he understood that the Committee had agreed with the developer to present an ordinance at the next meeting that would incorporate the 250 foot height. The issue will be debated at that meeting and then alternative plans can be made to deal with the next step. Alderman Heydemann said that she expected that the height issue would be debated at both introduction and adoption of this ordinance, and suggested that Council tentatively schedule a Special Meeting for May 3 to deal with zoning and perhaps the economic issues as well. In response to a question from Alderman Drummer, Alderman Warshaw explained that the Committee had instructed staff to bring back an ordinance acceptable to the developer. She said that she was not sure that such an ordinance had a chance of getting out of Committee, and so felt that an additional meeting might not be necessary. Aldermen Drummer and Newman questioned the Committee's direction to staff and whether that recommendation had been put to a vote. In response to a question from Alderman Newman, First Assistant Corporation Counsel Hill said that the additional height of 29 feet (over the ZBA recommendation) did not need a two-thirds vote to get out of Committee. HUMAN SERVICES COMMITTEE: Docket 99-4A-93: Environmental Plan - Consideration of a recommendation from the Human Services Committee and the Environmental Control Board that the City Council approve an Environmental Plan, which would establish a set of recommended actions and a framework for addressing environmental issues. Docket 100-4A-93: Resolution 49-R-93 - Fair Housine - Consideration of proposed Resolution 49-R-93, by which the City Council would join the Human Relations Commission in commemorating the 25th Anniversary of the Evanston Fair Housing Ordinance. Alderman Fiske said that he took this Docket Item off the Consent Agenda because he had been asked to read the Resolution into the record: WHEREAS, on April 11, 1968, the United States adopted Title 8 of the Civil Rights Act of 1968 and declared: "It is the policy of the United States to provide, within Constitutional limitation; for fair housing throughout the United States;' and 15 April 13, 1993 O �% WHEREAS, the City Council of the City of Evanston on April 29, 1968, adopted the Fair Housing Ordinance of the City of Evanston; and WHEREAS, the City Council declared it is the policy of the City to promote and protect fair housing throughout the City and to acknowledge the value of diversity within our community; and WHEREAS, the Evanston Human Relations Commission is responsible for the enforcement of the Fair Housing Ordinance; and WHEREAS, the Evanston Fair Housing Ordinance and the enforcement activity of the Human Relations Commission have been nationally recognized by the United States Department of Housing and Urban Development; and WHEREAS, since the adoption of the Evanston Fair Housing Ordinance, the City Council and the Human Relations Commission have renewed the commitment to fair housing by amending the Ordinance to prohibit discrimination based on race, color, religion, sex, age, sexual orientation, marital status, disability, familial status or national origin; and WHEREAS, the City of Evanston and its Human Relations Commission has taken a leadership role with other communities in the Chicago metropolitan areas and the United States Department of Housing and Urban Development in furthering Fair Housing opportunities in Evanston and the Chicago metropolitan area; and WHEREAS, April 29, 1993, is the Twenty -Fifth Anniversary of the Evanston Fair Housing Ordinance; and WHEREAS, the month of April 1993, has been declared Fair Housing month by the United States, NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Evanston, Cook County, Illinois: Section 1. That the City of Evanston and its Human Relations Commission acknowledge and commemorate the Twenty -Fifth Anniversary of the adoption of the "Evanston Fair Housing Ordinance" and the fair housing enforcement and education performed by the Human Relations Commission. Section 2. That the City of Evanston and its Human Relations Commission recognize and declare April 1993 Fair Housing Month in the City of Evanston. Section 3. That a copy of this Resolution be sent to the United States Department of Housing and Urban Development. Section 4. That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Alderman Fiske moved Council adoption of proposed Resolution 49-R-93. Seconded by Alderman Feldman Motion carried. No nays. * Docket 101-4A-93: Ordinance 23-0-93 - Environment Board - Consideration of proposed Ordinance 23-0-93, by which the City Council would change the name of the Environmental Control Board to the Environment Board and establish the structure, Power, and duties of the Environment Board. * MARKED INTRODUCED - CONSENT AGENDA 16 April 13,1993 Alderman Fiske announced that the Committee had directed staff to draft an amendment to this Ordinance, and suggested amending the Ordinance creating the Energy Commission, to allow for smooth interaction between the two bodies. A clean copy of both Ordinances will be available for the next meeting. OTHER CONUM TITM: * Docket 102-4A-93: Monthly Township Bills - Consideration of a recommendation that the City Council approve the Township bills, medical payments, and payroll for the month of March 1993 in the amount of $135,125.40. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (17-0) APPOINTMENTS: Mayor pro tem Kent introduced the following names: Susie Tinsley, 929 Brown Avenue, for appointment to the Commission on Aging. Jessie Ann Weise, 2232 Central Park Avenue, for reappointment to the Library Board. William Van Dyke, Jr., 1847 Asbury Avenue, for appointment to the Preservation Commission. Clifford Abrams, 2522 Noyes Street, and Robert Qually, 2238 Central Street, for appointment to the Sign Review and Appeals Board Irwin Leavitt, 5758 Maplewood Street, Chicago, and Chester Hall, 2215 Orrington Avenue, fir reappointment to the Taxicab Advisory Board. Mayor pro tem Kent introduced the following names of current board, committee and commission members who were appointed to fill unexpired terms, with a request that Council extend terms as follows: APPOINTED TERM ENDS EXTEND TO: ARTS COUNCIL (3-YEAR TERM) Christine F FvL.TbN 11/91 8/94 11/94 BOARD OF ETHICS (3-YEAR TERM) William E. Rattner 11/91 4/94 11/94 CABLE COMMUNICATIONS (3-YEAR TERM) Robert Gordon 6/89 12/91 6/95 12/94 CIVIL SERVICE (3-YEAR TERM) Nancy Segal 9/90 9/92 9/96 9/95 COMMISSION ON AGING (3-YEAR TERM) Harriett Gillette 1/91 9/93 1/94 Grace Halperin 12/90 9/93 12/93 Barry Isaacson 11/88 9/90 9/93 11/94 Sally Mackert 5/90 9/92 5/96 9/95 L- 17 April 13, 1993 (D y APPOINTED TERM ENDS EXTEND TO: ELECTRICAL COMMISSION WYEAR TERM) Robert Hudson 12/88 Brian Lamberg 3/90 ENVIRONMENTAL CONTROL BOARD (4-YEAR TERM) Daniel Hartnett 11/91 Charles Klosterman 9/86 Matthew Ter Molen 11/91 HOUSING AND CD COMMITTEE (3-YEAR TERM) Dexter Bailey 9/89 HUMAN RELATIONS COMMISSION (3-YEAR TERM) Steve Fiffer 11/91 Louie Gomez 11/91 Gwen Rucker 2/89 LADD ARBORETUM (3-YEAR TERM) Katie Maahs Bally 6/91 Sheila Davis 6/88 Jeanie Ramsey 6/89 Michael van der Veen 6/92 MENTAL HEALTH BOARD (4-YEAR TERM) Arthur Diers 6/87 Michael Kerns 9/91 PLAN COMMISSION (3-YEAR TERM) Stephen Prout 3/89 PRESERVATION COMMISSION (3-YEAR TERM) Hal Davis 6/89 David Galloway 7/88 Stuart Handler 4/92 Richard Lehner 6/90 Douglas Mohnke 3/89 ZONING BOARD OF APPEALS (5-YEAR TERM) John Balch 5/85 Robert Molumby 3/85 Scott Peters 6/86 Suzanne Timble 9/89 10/91 12/96 10/93 3/94 3/95 11/95 3/90 9/94 3/94 3/95 11/95 5/92 5/95 8/94 8/94 8/91 8/93 2/94 2/91 2/94 2/92 2/95 2/95 6/90 6/94 6/95 12/91 12/94 12/90 12/93 12/90 12/93 12/94 12/92 12/95 12/91 12/94 5/88 5/93 5/89 5/94 5/90 5/95 5/92 5/97 9/95 11/94 11/94 2/95 6/94 6/94 6/95 6/95 6/95 9/95 3/95 6/95 7/94 4/95 6/96 3/95 5/95 3/95 6/96 9/98 I 18 April 13,1993 CALL OF THE WARDS: Alderman Warshaw said that a debate had taken place recently in the Ninth Ward between the aldermanic candidates and Alderman Feldman won. She noted that the only thing both candidates agreed on was that police officers and fire fighters should be residents of Evanston. The people attending also agreed with this position. Alderman Wollin commended the Police Department on their diligent work and quick arrest of a suspect in the recent child molestation case. Alderman Wollin congratulated Millie Rieger and Adie Moran on their 100th Birthday. She noted that she had attended their party with a host of other friends and family and described them as "incurably friendly." Alderman Drummer thanked the City Council for their expressions of sympathy to the Drummer family on the death of his sister. He also thanked City Manager Anderson and Assistant Manager Aiello for visiting on Sunday evening. Alderman Drummer felt that Council had made a tactical error in not scheduling consideration of the Zoning Ordinance first and allowing the consultants and the court reporter to go home when the item was held instead of sitting for two and a half hours. Alderman Drummer noted that he had recently reviewed the Administration and Public Works on phases of the sewer program and was please to see the Minority Business Enterprise Program (MBE) listed as a participant. He noted that the project had been reviewed by the Minority Business Oversight Committee. He expressed surprise that the MBE program' was a success so quickly. He thanked everyone who made it possible. Alderman Fiske said he admired the new bicycle control signs in the business district as he dodged bikes in the street. He made a reference to the Administration and Public Works Committee to see if thev could. involve bicvcling associations in providing an education program to encourage safe and appropriate bike riding. Alderman Fiske noted that were Thomas Jefferson alive today, he would be 250 years old. He felt that was a significant birthday and wished him a happy birthday. Alderman Lanyon moved that Council recess into Closed Session to consider land acquisition and pending litigation. Seconded by Alderman Feldman. Roll call. Voting aye - Fiske, Newman, Drummer, Davis, Brady, Esch, Heydemann, Washington, Kent, Moran, Nelson, Wollin, Engelman, Rainey, Lanyon, Feldman, Warshaw. Voting nay - none. Motion carried. No nays. (17-0) The Council so recessed at 11:58 P.M. and reconvened into Open Session at 12:34 A.M. Alderman Nelson moved to amend Budget Policy to provide that the Police Pension Fund be funded at the level recommended by the City's actuary. Seconded by Alderman Engelman. Motion carried. -No nays. KIRSTEN F. DAVIS CITY CLERK 1