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HomeMy WebLinkAboutMINUTES-1993-09-27-19931.,rrY COUNCEL 1 September 27, 1993 Standing committees meet prior to the official regular meeting. Current members are as follows: Administration and Public Works Alderman New Alderman Heydemann Alderman Engelman Alderman Drummer Alderman Kent Alderman Holsman Alderman Guthrie Alderman Moran Alderman Feldman Planning and Develooment Alderman Kent Alderman Newman Alderman Engelman Alderman Heydemann Human Services Alderman Moran Alderman Guthrie Alderman Holsman Alderman Feldman Alderman Drummer The OFFICIAL REGULAR MEETING of the City Council was held on Monday, September 27, 1993, at 8:50 P.M. in the City Council Chamber. ROLL CALL - PRESENT: Alderman Newman Alderman Guthrie Alderman Heydemann Alderman Kent A Quorum being present. ABSENT: Alderman Drummer PRESIDING: Mayor Lorraine H. Morton Alderman Moran Aldarmm Engelman Alderman Holsmm Alderman Feldman An audio tape recording of this meeting has been made part of the permanent record and is available in the City Clerk's office. 2 CITY MANAGER ANNOUNCEMENTS: September 27, 1993 City Manager Eric Anderson introduced Director'of Public Works, David Barber.Mr. Barber said Evanston has many City staff who are very competent in their fields and it is nice when someone outside the City recognizes them for doing a good job. He announced that Superintendent of Water and Sewers, Richard Figurelli, had recently received the award for Water Operator of the Year given by the Illinois Potable Water Supply Operators Association and the Illinois Environmental Protection Association. He received it at their 62nd Conference on September 16. The traveling trophy will stay in Evanston for a year and Mr. Figurelli also received a permanent plaque in honor of this award. Mayor Morton reported that she attended the luncheon where Mr. Figurelli received this award and said that she was very pleased and proud that he had received it and commended him for his achievement. MAYOR ANNOUNCEMENTS: Mayor Morton announced there would be a CLOSED SESSION at the end of the meeting to deal with negotiations and litigation. CITIZEN COMMENT: Robert Creamer. 1101 Ridge Avenue, said that morning Commonwealth Edison (Com Ed) and the consumer movement announced a Consent Decree that would allow repayment to consumers for overcharges and has been a result of long and hard negotiations. He feared that the opposite had happened with the City's negotiations with Com Ed and renewed his objections to approval of extending the franchise agreement. He cautioned that voting to extend it would cost consumers millions of dollars annually. He urged the City to move rapidly to municipalize and acquire the distribution system and downplayed the value of the free electricity that the City will receive by extending the agreement. He urged Council, if it did approve the franchise, to desist in footdragging and lack of decision making and take action immediately. Nelson Soltman. 2737 Harrison Street, opposed the re -zoning of 2734 Central St., saying that it would alter the character of the neighborhood by allowing unlimited business uses on that property. He also said that zoning should not be used for the benefit of one owner who guessed wrong on the market. He said that the neighbors were working with Alderman Moran to find an acceptable solution to this problem for all concerned. Clifford Wilson. 2301 Greenwood Street, Pastor of Mt. Pisgah Church and an employee of Commonwealth Edison for nearly 20 years, urged Council to adopt the franchise extension and to stop wasting valuable resources and money on this issue. He urged that they accept the recommendation of the Negotiating Team and begin dealing with more important issues in town. Bettv Pavne. 2408 Bradley Place, Evanston Township Supervisor, said that she had spent the last week evaluating the City Manager's recommendation to reduce the levy in the Town Fund and since it does not call for the Township to write a check to the City, she would offer no opposition. Lowering the levy until the Town Fund has used its reserves makes good sense because the Township has nothing to gain by harboring surplus funds. She was proud that because of the efforts of Township, the burden on the taxpayer will be reduced, but questioned the transferring of all social programs to the City in 1995. She said that the Township had a long history of operating these programs in an effective manner. She questioned whether the City could operate the programs more efficiently or at lower cost, or whether fewer services would be provided because of lack of funding when the City prioritized its services. She said that the City had not been able to balance its budget in the last ten years without raising taxes or getting funding from the Township. She suggested that transferring social programs from the Township to the City was to retaliate for her refusal to sign a check to transfer $500,000 (for purchase of services, as directed by the Trustees) from the Township to the City and her decision to withdraw from the Unified Budgeting Process. She said that this is a message that if she refuses to do what the Trustees direct, then the Township will pay the price and suggested that had she agreed to sign the check to transfer the $500,000, the suggestion to transfer the social programs would never have happened. She stated that the Township is the most efficiently run department in the town, with reduction in the client rolls and medical costs; expenditures have been reduced and there is a clear audit trail. She said that what the Trustees did not like was a Supervisor who said "no" and likened the Trustees to sideline coaches. She said that the Township will continue to operate efficiently, to provide a high level of service and that her highest priority is to administer the General Assistance Program. She questioned whether there 1 11 September 27, 1993 �,q was any benefit in transferring the community action programs to the City and questioned whether, given a different Supervisor who accomplished the achievements she had, whether it would have been done. However, she said if she had the decision to make over again, she would change nothing. Alderman Newman questioned why the Supervisor was appearing during Citizen Comment and not during debate of the Township tax levy. He asked that the Township tax levy be removed from the Consent Agenda and that the Supervisor participate in debate on this subject. Mayor Morton said that the item was already off the Consent Agenda because Council would have to resolve itself into the Town Board of Trustees to consider it. At that time the Supervisor could participate in the discussion. David Turner. 815 Milburn Street, said that he did not represent any interest group, but felt that it was in the best interests of all Evanstonians for Council to approve the extension of the franchise agreement. He did not want the City to give up the free electricity for municipal buildings, which represents a significant sum, because the City has scarce resources and does not have access to any blank checks. He urged Council to make the decision that evening and then to turn their attention to other issues. Phvllis Miller. 322 Asbury Avenue, reiterated her support of the franchise agreement as presented by the Negotiating Team and noted that not only does it grant free electricity for municipal purposes for the length of the franchise, but it also forgives the electrical bills for the period when the City was without a franchise. She said that Coin Ed serves over 400 communities and that Evanston is alone in not having a signed franchise agreement. She urged Evanston to sign the agreement and then to turn its attention to other essential issues of government. Jonathan Perman, Executive Director of the Evanston Chamber of Commerce, said that some months ago the Chamber had expressed its concern about the City's increasing reliance on the property tax and its pledge to continue to fund all current services. Now he was pleased to see that the Evanston business community has been listened to and the budget policy proposal before the Council this evening includes a proposal to prioritize services. He felt that it showed responsibility and courage. He felt there would be ample time to discuss what the priorities would be and suggested that it should involve the business community and citizens as well as the elected officials. He also felt that by adopting this amended budget policy, the City is sending a signal of leadership and that it will be incumbent on the other local taxing districts to consider a similar policy. He said that the concerns of the business community and the citizens over high property taxes is a more significant challenge than any concerns over a 1 /4 % increase in the sales tax. The $1 million cut in the property tax begins to cut the disparity between Evanston and the communities with which it competes. The 1/4% increase in the sales tax is expected to have a negligible effect on consumer choice because Evanston will still have a lower sales tax than many nearby communities. The Chamber commends the City Council for taking a decisive step on the road to enhancing the business climate of the City of Evanston. Jacob Aronov, 1217 Maple Avenue, said that he opposed the adoption of the franchise agreement as written and felt that it did not differ significantly from the one rejected by Council some months ago. He felt that the Council should wait until the new Energy Commission was in place and could comment on the agreement before adopting it. He said that the amount of free electricity was a drop in the bucket and pointed out that Com Ed had not agreed to do any work on the distribution system or to work on the outages. He urged the City to reject the agreement, operate without one, and to increase utility taxes to replace the free electricity that it will receive under the franchise agreement. He said that any decision should be delayed until the Energy Commission can make a recommendation. COMMUNICATIONS: City Clerk Davis reported that she had received two communications, one from the Board of the McGaw YMCA and one from Marketing Information Systems (an Evanston company) urging Council to consider Commonwealth Edison's role as a good corporate citizen of Evanston during their deliberations on the franchise agreement. City Clerk Davis reported that she had received two communications from the Illinois Department of Revenue reporting that Auto Rental Taxes had been collected during the month of July in the amount of $2,104.98 and sales taxes had been collected during the month of July in the amount of $411,508.22. 4 September 27,1993 CONSENT AGENDA: (Any Docket Item Marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda, with the following exceptions: Docket 216-9B- 93: Special Event - Canine Walk; Docket 192-8B-93: Resolution 89-R-93 - Allocation of General Obligation Bond Refinancing Funds to Capital Improvement Program; Docket 224-9B-93: Ordinance 112-0-93 - Annual Township Tax Levy; Docket 185-8A-93: Ordinance 96-0-93 - Sales Tax Increase; Docket 205-9A-93: Ordinance 101-0-93 - Class O Liquor License - Dominick's on Chicago Avenue and Docket 206-9A-93: Ordinance 102-0-93 - Class O Liquor License - Dominick's on Green Bay Road. Seconded by Alderman Engelman. Roll call. Voting aye - Newman, Guthrie, Heydemann, Kent, Moran, Engelman, Holsman, Feldman. Voting nay - none. Motion carried. u *MINUTES: The minutes of the Public Hearing August 30, 1993 and the regular meeting of September 13, 1993, as submitted in writing to the members of the City Council. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) ADMINISTRATION AND PUBLIC WORKS COMMITTEE: BILLS AND PAYROLL * Approval, as recommended, of City of Evanston bills for the period ending September 21, 1993; for City of Evanston payroll for the period ending September 19, 1993; and that their payment be authorized and charged to the proper accounts, summarized as follows: City of Evanston bills $ 4,283,117.47 City of Evanston payroll 1,186,315.22 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) PURCHASES: * Approval of the low bid from Contracting & Material Company for Traffic Signal and Streetlight Repairs at a total cost of $11,642. BID SUMMARY: Bidder Contracting & Material Co. Chicago, Il Hecker & Co. Wheeling, IL * APPROVED - CONSENT Total cost $11,642 14,700 AGENDA MOTION AND ROLL CALL. (8-0) * Approval of the proposal from the Balcor Consulting Group to conduct an Economic Feasibility Analysis of the 1660 Chicago Avenue Redevelopment at a cost of $65,000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) Docket 216-9B-93: Special Event - Canine Walk - Consideration of a recommendation that the City Council approve a request from the Muscular Dystrophy Association to have a fund-raising Canine Walk on the Lakefront on Saturday, October 23, 1993. 1 1 Alderman Engelman moved to approve the Canine Walk at the Ladd Arboretum. Seconded by Alderman Kent. Motion carried. No nays. 5 September 27, 1993 Docket 192-8B-93: Resolution 89-R-93 - Allocation of General Oblieation Bond Refinancine Funds to Canital Imnrovement Proeram - Consideration of proposed Resolution 89-R-93, by which the City Council would approve the allocation of approximately $730,000 in new revenue received as a result of the 1993 Bond Refinancing for capital projects. HELD IN COMMITTEE * Docket 217-9B-93: Resolution 90-R-93 - Renewal of Lighthouse Park District Lease - Consideration of proposed Resolution 90-R-93, by which the City Council would renew the lease for the Lighthouse Park District, which expires on November 1, 1993 for an additional 20-year period at a cost of $1.00 per year. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) * Docket 218-9B-93: Resolution 96-R-93 - Northwestern Universitv Homecomine Parade - Consideration of proposed Resolution 96-R-93, by which the City Council would approve the request of Northwestern's Office of Special Events for a Permit to conduct their 1993 Homecoming Parade on Friday, October 15, beginning at 7:00 P.M. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) * Docket 219-9B-93: Resolution 98-R-93 - Amendment to Budget Policv - Consideration of a recommendation that the City Council amend the Budget Policy to require setting service priorities by December 31, 1994 and require the use of the priorities to eliminate services if the Budget cannot be balanced without increases in the sales and/or property taxes. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) Alderman Engelman moved that the City Council resolve itself into the Town Board of Trustees. Seconded by Alderman Feldman. Motion carried. No nays. Mayor Morton announced that a meeting of the Town Board of Trustees was now in session. Docket 224-913-93: Ordinance 112-0-93 - Annual Township Tax Levv - Consideration of proposed Ordinance 112-0-93, the Annual Tax Levy for the Town of the City of Evanston for the year beginning April 1, 1993 in the amount of $255,000. Trustee Engelman introduced proposed Ordinance 112-0-93. Marked Introduced. Trustee Engelman moved to suspend the Rules to consider an ordinance the same night it was introduced. Seconded by Trustee Heydemann. Motion carried. No nays. Trustee Engelman moved Board adoption of proposed Ordinance 112-0-93, introduced this evening. Seconded by Trustee Moran. Trustee Newman said that in 1984 he had come before the Council and called their attention to what he felt was an extremely high number of General Assistance clients and was told that this is the way it is in Evanston. He thought it ironic that if this proposal had come before the Council during the tenure of the last Supervisor, it would not have passed. He said that the reason this money is available is because the efforts of the current Township Supervisor and Executive Director, who have been able to reduce the number of clients from 300 to approximately 130. He complimented them on their excellent service to the Township. He wanted to be clear that his motivation in supporting this ordinance was to give tax relief to the citizens, not to prove who is in charge. He said that he fully supported the Supervisor in her work and had no other agenda. He just felt that when there is such a large surplus, it was important to give the citizens tax relief. This ordinance should not be interpreted as a negative commentary but a positive commentary on the performance of the Township Supervisor and her staff. Mayor Morton said she felt that Trustee Newman had expressed some of the sentiments of herself and the Board of Trustees. r�3 September 27,1993 Trustee Heydemann also complimented the Supervisor on the outstanding job she has done and said that she had never heard any member of the Council say anything to the contrary. She felt that any discussion of motive was fruitless, a waste of time and did nothing to advance the decision -making process. She noted that the Trustees of the Township have the fiscal responsibility for managing the Town Fund when the Trustees made a decision concerning the fund, the Supervisor unilaterally disagreed and refused to carry out the decision. The Supervisor also refused to take part in the Unified Budgeting Process. She felt that the aim of that process has always been to increase the amount of cooperation among the agencies and the funding groups and felt that working together always created more equitable solutions for all concerned. Since the Trustees have the responsibility for management of the Town Fund, they have the duty to protect the taxpayer. Trustee Engelman said that he supported the motion and did not have other motives than to provide tax relief and did not know any member of the Board of Trustees who was not in favor of tax relief. This tax relief was made possible by a number of people, one of whom is the Township Supervisor, whose excellent job over the last two years has helped increase the surplus in the Town Fund. Fiscal responsibility means that a taxing body cannot ask for taxpayers to pay money to fund services when that money is already available. The idea is to change the way we fund services and relieve the burden on the property taxpayer. It will help the business community stay here, attract new business, provide jobs for community residents and keep the City competitive. It is for the benefit of our community and our residents and would not have happened if it had not been for the concerted efforts of the Township Supervisor, the Mayor and each member of the Council. Everyone had input into this and made a firm commitment to property tax relief. Trustee Feldman wanted the Council to assume that just because we don't stand up and deny it, it doesn't mean we have a hidden agenda. Roll call on Ordinance 112-0-93, voting aye - Newman, Guthrie, Heydemann, Kent, Moran, Engelman, Holsman, Feldman. Voting nay - none. Motion carried. Trustee Engelman moved that the Town Board of Trustees reconvene as the City Council. Seconded by Trustee Feldman. Motion carried. No nays. * Docket 220-9B-93: Ordinance 82-0-93 - 1993 Citv Pronertv Tax Levv - Consideration of proposed Ordinance 82-0-93, the 1993 Tax Levy Ordinance, which deals with the property tax portion of the 1993-94 budget. Percent 1992 1993 Increase Fund Levy Levy (Decrease) General $ 15,220,513 $ 15,406,637 1.23 % Fire Pension 1,344,846 1,358,569 1.02% Police Pension 1.712.485 1,729,959 1.02% SUB -TOTAL $ 18,277,844 $ 18,495,165 1.19 % Debt Service 5.231.255 5.263.934 0.62 % TOTAL $ 23,509,099 $ 23,759,099 1.07 % * MARKED INTRODUCED - CONSENT AGENDA Alderman Engelman moved to Suspend the Rules to consider an item the same night it was introduced. Seconded by Alderman Feldman. Motion carried. No nays. Alderman Engelman moved Council adoption of proposed Ordinance 82-0-93, introduced this evening. Seconded by Alderman Feldman. Roll call. Voting aye - Newman, Guthrie, Heydemann, Kent, Moran, Engelman, Holsman, Feldman. Voting nay - none. Motion carried. W September 27, 1993 * Docket 221-9B-93: Ordinance 108-0-93 - Residential Onlv Parkins District - Dodse - Church to Emerson and Lvons - Dodse to Darrow - Consideration of proposed Ordinance 108-0-93, by which the City Council would amend Section 10-11-18, Schedule XVIII, of the Code of the City of Evanston to establish a Residents Only Parking District on Dodge Avenue between Church and Emerson Streets and on Lyons Street between Dodge and Darrow Avenues. * MARKED INTRODUCED - CONSENT AGENDA * Docket 222-9B-93: Ordinance 109-0-93 - Loadins Zone - Ashland north of Lake Street - Consideration of proposed Ordinance 109-0-93, by which the City Council would amend Section 10-11-7, Schedule VII(B), of the Code of the City of Evanston to establish a Loading Zone on the east side of Ashland Avenue north of Lake Street. * MARKED INTRODUCED - CONSENT AGENDA * Docket 223-9B-93: Ordinance 110-0-93 - Traffic Controls - Grant/Asbury. Lvons. Darrow. Thaver/Lawndale. and Harrison/Central Park - Consideration of proposed Ordinance 110-0-93, by which the City Council would amend Section 10-11-5, Schedule V, of the Code of the City of Evanston to establish a 2-Way Stop at Grant Street and Asbury Avenue; a 3-Way Stop at Lyons Street and Darrow Avenue; and 4-Way Stops at Thayer Street and Lawndale Avenue and at Harrison Street and Central Park Avenue. * MARKED INTRODUCED - CONSENT AGENDA Docket 185-8A-93: Ordinance 96-0-93 - Sales Tax Increase - Consideration of proposed Ordinance 96-0-93, introduced on August 9, 1993, by which the City Council would amend Sections 3-2-5(A) and 3-2-6(A) of the Code of the City of Evanston to increase the Sales Tax by one quarter percent. Alderman Engelman moved Council adoption of proposed Ordinance 96-0-93. Seconded by Alderman Feldman. Alderman Newman commented that when this ordinance was proposed, he opposed it because Council had not considered the expenditure side of its budget. He felt that taxpayers were entitled to an all out effort to look at the expenditure side of the budget before increased revenues were considered. By reducing the property tax levy and raising the sales tax, it has given Council time to conduct a thorough review of the budget and to consult with citizens on service delivery. He suggested that some serious budget decisions lie in the future. It allows the officials in this taxing body time to make some efforts to lessen the property tax burden on the citizens. He is supporting this ordinance with the idea that there is not a net tax increase on the citizens of Evanston. Alderman Holsman said that he was pleased that Council will address the expenditure side of the budget, but he was still opposed to the sales tax increase because it is regressive and it will affect the citizens of his ward greatly. While he supported property tax relief, he did not think the landlords of his ward would be passing on their tax relief to their tenants. Roll call. Voting aye - Newman, Guthrie, Heydemann, Kent, Moran, Engelman, Feldman. Voting nay - Holsman. Motion carried. (7-1) * Docket 204-9A-93: Ordinance 99-0-93 - Dedication of Park Place - Consideration of proposed Ordinance 99-0-93, introduced on September 13, 1993, by which the City Council would accept the Plat of Dedication of certain private lands for street purposes on Park Place northwest of Gross Point Road as indicated on the Plat of Dedication executed by the affected owners. * ADOPTED -CONSENT AGENDA MOTION AND ROLL CALL. (8-0) Docket 205-9A-93: Ordinance 101-0-93 - Class O Liquor Licenses - Dominick's on Chicago Avenue - Consideration of proposed Ordinance 101-0-93, introduced on September 13, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to allow for the issuance of a Class O Liquor License to Dominick's Finer Foods at 525 Chicago Avenue. 8 September 27,1993 Alderman Engelman moved Council adoption of proposed Ordinance 101-0-93. Seconded by Alderman Holsman. Alderman Kent said that he had asked that these docket items be removed from the Consent Agenda so he could express his opposition to liquor entering the neighborhoods. He expressed concern about the access of underage drinkers to liquor and expressed skepticism about the ability to limit it, even with the training program developed for the stores. He said he will never vote to allow liquor anywhere near or in the Fifth Ward. He was not sure having liquor there was all right for the neighbors, when Northwestern has a football game, or when kids pass that area. Alderman Newman said he shared Alderman Kent's concerns on this, although he is supporting the ordinance. He noted that Mt. Prospect had recently adopted an ordinance dealing with underage drinking that has new rules and strict penalties in it. He said that he would like to get a copy of it and discuss it at an Administration and Public Works Committee meeting. He also noted that underage drinking was a problem in Evanston and on his way home from the last Council meeting, he saw about two hundred people on the porch, in the yard and spilling into the street in front of a house on Foster St. near Northwestern University. He said that because NU does not permit drinking and parties in the dormitories, they spill out into the community around the university area. He suggested that Council take a look at the Mt. Prospect ordinance and see how it similar one might be applied to Evanston. City Clerk Davis promised to get a copy of the ordinance from the Mt. Prospect clerk. Roll call. Voting aye - Newman, Guthrie, Heydemann, Moran, Engelman, Holsman, Feldman. Voting nay - Kent. Motion carried. (7-1) Mayor Morton said that she too shared some of the concerns he expressed and had been assured by Dominick's that there would be security people in the parking lot, as well as in the store. She had also been promised that no one under 21 would be permitted to work on the liquor cash register. Roll call. Voting aye - Newman, Guthrie, Heydemann, Moran, Engelman, Holsman, Feldman. Voting nay - Kent. Motion carried. (7-1) Docket 206-9A-93: Ordinance 102-0-93 - Class O Liauor License - Dominick's on Green Bav Road - Consideration of proposed Ordinance 102-0-93, introduced on September 13, 1993, by which the City Council would amend Section 3-5-6 of the Code of the City of Evanston to allow for the issuance of a Class O Liquor License to Dominick's Finer Foods at 2748 Green Bay Road. Alderman Engelman moved Council adoption of proposed Ordinance 102-0-93. Seconded by Alderman Holsman. Roll call. Voting aye - Newman, Guthrie, Heydemann, Moran, Engelman, Holsman, Feldman. Voting nay - Kent. Motion carried. (7-11 HUMAN SERVICES COMMITTEE * Docket 225-9B-93: Resolution 95-R-93 - Keen Evanston Beautiful Grant Anolication - Consideration of proposed Resolution 95-R-93, by which the City Council would authorize the City Manager to apply for Illinois Clean and Beautiful funds to support Keep Evanston Beautiful. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) PLANNING & DEVELOPMENT COMMITTEE: * Docket 226-9B-93: Disbursal of Funds from Housine Fund for Familv Rental Program - Consideration of a recommendation that the City Council authorize the City Manager to sign a Statement of Understanding with the Evanston Housing Coalition for the disbursal of $51,540 from the Mayor's Special Housing Funds for the Single -Family Rental Program. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) 9 September 27, 1993 ?J� * Docket 227-9B-93: Ordinance 107-0-93 - Code Changes re Regulating Develonment in Snecial Flood Hazard Areas - Consideration of proposed Ordinance 107-0-93, by which the City Council would amend Title 4, Chapter 16 of the Code of the City of Evanston to incorporate format and renumbering changes as required by the Illinois Department of Transportation concerning regulating development in Special Flood Hazard Areas. * MARKED INTRODUCED - CONSENT AGENDA * Docket 211-9A-93: Ordinance 64-0-93 - Zoning Board of Anneals 93-3-V(R) - Variation at 1813-19 Brown - Consideration of proposed Ordinance 64-0-93, introduced on September 13, 1993, by which the City Council, in accordance with the Zoning Board of Appeals' recommendation, would grant the application of Raymond Chou, as Trustee under the First National Bank of Niles Trust #888, for variations from the control over use and lot area regulations of the Zoning Ordinance to permit the separation of ownership of four lots and construction of a detached single-family dwelling on each of the lots on the property at 1813-1819 Brown Avenue. The property is zoned R3 Two -Family Residence District. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0). * Docket 212-9A-93: Ordinance 70-0-93 - Zoning Board of Anneals 93-0-V(R) - I I I I Washington - Consideration of proposed Ordinance 70-0-93, introduced on September 13, 1993, by which the City Council, in accordance with the Zoning Board of Appeals' recommendation, would grant the application of Patrick C. McTague, Eugene M. McTague, and Madge H. McTague for variations from the use, lot area, and non -conforming structure regulations of the Zoning Ordinance to permit retention of a third dwelling unit on the property at I I I I Washington Street. The property is zoned R3 Two -Family Residence District. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) * Docket 213-9A-93: Ordinance 83-0-93 - Disorderlv Houses and Disturbing the Peace Restrictions - Consideration of proposed Ordinance 83-0-93, introduced on September 13, 1993, by which the City Council would amend Title 9, Chapter 5, of the Code of the City of Evanston to provide flexibility for responding Police Officers and City legal staff to respond to neighbors' concerns over disorderly activities. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) OTHER COMMITTEES: * Docket 228-9B-93: Resolution 97-R-93 - Amendment to the 1988-89 Community Development Block Grant Program - Consideration of proposed Resolution 97-R-93, by which the City Council would amend the 1988-89 Community Development Block Grant Program to include the Southwest Evanston Industrial Site Clearance Project. * ADOPTED - CONSENT AGENDA MOTION AND ROLL CALL. (8-0) REPORT OF THE STANDING COMMITTEES: ADMINISTRATION AND PUBLIC WORKS: Docket 80-3B-93: Ordinance 39-0-93 - Definition of Lowest Bidder - Consideration of proposed Ordinance 39-0-93, 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. A copy of proposed Ordinance 39-0-93 and a descriptive memorandum were 10 September 27,1993 transmitted for the March 22, 1993 meeting. At the April 13, 1993 Council meeting, this matter was held over to the next meeting. At the April 26, 1993 meeting, this matter was tabled to the May 24, 1993 meeting. This matter remained tabled at the May 24, 1993 meeting. (Administration & Public Works Committee) (Committee Vote: 5 ayes - 1 nay) No Action Alderman Engelman moved to Suspend the Rules to consider an item not on the Council Agenda. Seconded by Alderman Feldman. Motion carried. No nays. Alderman Engelman moved Council adoption proposed Resolution 99-R-93, which reads as follows: Resolution 99-R-93: 1. The City Council directs that the Energy Commission develop an energy policy for the City of Evanston with a specific priority to examine all available sources of electricity, their relative cost, achievability, efficacy and benefit to the City of Evanston. 2. The Energy Commission shall report to the City Council every four months in regard to their progress and situation with a final recommendation including all supporting documents by May, 1995, and this matter shall stay on the agenda of the Administration and Public Works Committee. 3. Following the final report, there will be seven months of community education, discussion and debate with consideration given to a referendum on this issue. 4. The goal for the final decision would be December, 1995. 5. The City Manager is directed to organize staff to support this effort and together with the Energy Commission to develop a Time and Task Plan to achieve this goal and to submit the Plan to City Council by January 25, 1994. Seconded by Alderman Feldman. Motion carried. HUMAN SERVICES COMMITTEE: PLANNING & DEVELOPMENT COMMITTEE: Docket 229-9B-93: Ordinance 111-0-93 - ZPC 93-14Ml - Rezoning 2734 Central Street - Consideration of the Plan Commission's recommendation that the City Council rezone 2734 Central Street from R5, General Residence District to B2 Business District. * MARKED INTRODUCED -CONSENT AGENDA Alderman Kent noted that this docket item had been addressed during Citizen Comment and reported that Alderman Moran was working with the parties to try to reach an acceptable solution. Alderman Kent reported that at the September 20th meeting of the Planning and Development Committee certain inconsistencies were noted with respect to the list of property owners provided by applicants, so there was a reference to the Plan Commission. However, there were other inconsistencies noted in the requirements stipulated for the forms of relief in the Zoning Ordinance and requirements for public notice. He made a reference from Council to the Plan Commission to address three maior items: 1) the list of nronerty owners which the anolicants are required to provide is consistent with the riehts of anolicants and affected orovertv owners. as set forth in Section 6-3-5-17. 6-3-6-11 and 6-3-8-11 of the Zonine Ordinance: 21 that the notice reauirements are clarified for the forms of relief set forth in the Zonine Ordinance: 31 that the published notices be required for special uses. planned developments. unique uses and maior variations. Seconded by Alderman Engelman. Motion carried. No nays. 11 September 27,1993 REPORT OF THE SPECIAL COMMITTEES: Docket 215-9A-93: Ordinance 105-0-93 - Commonwealth Edison Franchise Consideration of proposed Ordinance 105-0-93, introduced on September 13, 1993, by which the City Council would accept the report of the Commonwealth Edison Negotiating Team and adopt the Franchise Agreement. Alderman Feldman moved Council adoption of proposed Ordinance 105-0-93. Seconded by Alderman Engelman. Alderman Newman said that he feared that he would be the lone voice in opposition to this ordinance, because he was not satisfied with the service provided by Commonwealth Edison, nor with the rates that Evanstonians are paying- He felt Council would vote to approve it for monetary reasons, just as the City of Chicago did, but that Evanston would be receiving considerably less on a pro rata basis than Chicago. He pointed out that Com Ed is a monopoly and that there have been too many outages in the City for him to want to sign with them without exploring other alternatives. He said that suggestions to leave the electricity to Com Ed and turn to solving other problems, ignores the fact that the City already operates a water utility very well which generates enough money that transfers are made to the General Fund. He felt that operating its own electric utility might just fit the needs of Evanston since it is much more similar to Chicago in terms of service and the age of the system than it is to some of the newer suburbs. He did not believe that Commonwealth Edison negotiated fairly with suburbs, insisted on treating them all alike, and had no interest in the welfare of the consumer. He acknowledged that everyone who was voting for this was doing it for different reasons, but said he could not go along. He hoped Alderman Feldman's resolution would lead to a full examination of municipalization by the 1999 deadline for this extension so that the City could make an informed decision at that time. He did not feel that the City, should be dealing with Com Ed at all and questioned why it was appropriate for a representative on Com Ed to call up the aldermen and discuss this decision with them, when it was not appropriate in other instances. He believed that all contractors should have the same ability and right to do that. Mayor Morton noted that she had not received a call from any representative of Commonwealth Edison. Alderman Holsman said that he agreed with much of what Alderman Newman had said, and remained greatly concerned about Com Ed's service delivery on the south side of Evanston. He was pleased that Alderman Feldman had put forth his resolution and that the City was committing to a full examination of municipalization. However, he had heard no good, clear argument for giving up approximately $1.2 million that the City would lose if Council does not sign this extension. He felt that signing this agreement was a win -win situation which allowed the City to save this money and buy time to study energy alternatives. Alderman Heydemann noted that she was the only person still on Council who was on the original Negotiating Team and had worked on this issue for a long time. She agreed with Alderman Newman that people are not satisfied with Commonwealth Edison's service, but felt that the alternative was worse. She reiterated her call for a group of people who strongly believed in municipalization to form themselves into an active lobbying group. She believed that her position at the negotiating table would have been much stronger had such a group existed. She felt that a group of partisan citizens who believe that municipalization is the right answer, need to collect data and give Council all the reasons for municipalization of electrical service, would be performing a great service to the community. She hoped that Mr. Creamer would be a member of that group. Alderman Feldman felt that this was a very emotional issue and that a lot of time was spent on it because it is an issue of great importance to the community. He supported signing this agreement and pointed out that signing it does not constitute an endorsement of Commonwealth Edison or its policies, but is a practical approach to a specific problem. He emphasized the importance of developing an energy policy and obtaining all the facts necessary to make an intelligent decision about that policy. One of the questions that have to be answered is the cost of providing electricity to Evanston citizens. He said that he proposed the resolution to make sure that action was taken to answer that question as soon as possible. He emphasized that there was nothing in this franchise agreement that restricted, in any way, actions that the Council might wish before to take 1999. He noted that the resolution restricts the City to a two year timetable to accomplish its investigations, but he hoped 12 September 27,1993 that they could be finished before. He also noted that this would be a community decision and time was required to educate the community and build a consensus on this issue. He said that the decision will be built on three pillars: 1) the work of the Energy Commission; 2) the support of the City Manager and staff; 3) and the encouragement and support of the City Council. He felt that no one was satisfied with the status quo and the best way to change it is to get the necessary information and to create the public will to do that. Alderman Newman discussed the work of the Public Action Council and CUB against Commonwealth Edison and felt that a great deal of progress had been made to save the rate payers of the State of Illinois millions of dollars, so did not believe that anyone on Council should be treating them in a condescending fashion. Roll call. Voting aye - Guthrie, Heydemann, Kent, Moran, Engelman, Holsman, Feldman. Voting nay - Newman. Motion carried. (7-1) APPOINTMENTS: Mayor Morton introduced the following names for appointment to the Energy Commission for terms ending October 15, 1995. Joseph Jaskulski, 2309 Grant Street; G. Peter Nichols, 2414 Ridgeway Avenue; Gary Michaels, 1512 Crain Street. Alderman Feldman moved to Suspend the Rules to approve the nominees to the Energy Commission introduced this evening. Seconded by Alderman Engelman. Motion carried. No nays. Alderman Feldman moved Council approval of the nominees to the Energy Commission. Seconded by Alderman Engelman. Motion carried. No nays. Mayor Morton asked Council for confirmation of the following names: Preservation Commission: Deborah Wanner, 1204 Noyes Street for term ending October 1, 1996; Sign Review and Appeals Board: Barry M. Greenberg, 2426 Hartzell Street, for term ending October 1, 1996; Alderman Engelman moved Council confirmation of the nominees to the Preservation Commission and the Sign Review and Appeals Board. Seconded by Alderman Moran. Motion carried. No nays. PROCLAMATIONS: Sherman United Women's Day (United Methodist) October 31, 1993 Lupus Awareness Month, throughout the month of October, 1993 CALL OF THE WARDS: Alderman Heydemann noted that it was her birthday and displayed a book that she had received as a present entitled "The Complete Thoughts of Bernard Stone" - which contained only blank pages. She felt Council would understand her present and appreciate it. She thanked Mayor Morton for calling Council's attention to Unfunded Mandates Day and felt that similar sentiments should be expressed to state legislators in terms of school financing. She noted that the trend seemed to be to criticize school boards for being extravagant and that they had not been provided the opportunity to speak for themselves. She said that the school administrators with whom she worked were working hard to control spending. She observed that rather than casting blame, it was better for Council to work toward solutions . Alderman Kent noted that he and Alderman Drummer had received many complaints about a beeper store on Church and Dodge and had requested a legal opinion about it. They received the legal opinion and shared it with constituents. He promised to share it with Council the next day. He sought clarification about whether he had 13 September 27,1993 undershod correctly that such an operation could be prohibited within 200 feet of a school. If this was correct, he wouldRe to proceed with trying to move the store away from that location. He felt it contributed to problems in the are Alderman Moran said that his concerns and thoughts were with Alderman Drummer and his family during the dire medic"tuation with his son. He offered his prayers for his son and said that he was sure that everyone shared his hopethat his medical condition would improve soon and the whole family would be back in Evanston. Aldermw Engelman congratulated the City Council for taking the first step toward tax reform, and noted that it was sometling the taxpayers have been wanting for a long time. He congratulated the Mayor for forcing Council to deal with tl&-issue and holding its feet to the fire. He said that this would not have happened without her leadership. He holm that other legislatures would take a clue from what the City of Evanston has done and look for other ways to fundservices. He suggested that the state legislature should look at changing how they fund education. He urged the CigrCouncil to continue to work together to get a handle on the budget. Aldermn Holsman reported that the Eighth Ward had experienced a tragedy the previous day when a 14 year old girl, 16sha Harrington, had lost her life in a senseless act of violence. He asked for a moment of silence and offeredhis condolences to her family. He commended the Police Department for the quick apprehension of the allegedgerpetrator. Alderman Holsman said that the reason he wanted to be an alderman was so he could help maintain and improve the qudhy of life in South Evanston. He felt that the recent tragedy pointed out a need to look at the Police Departaent, the Property Maintenance Department, the Department of Streets and Sanitation, the Fire Department and theZoning Department. He asked the Police Department why incidents like this were occurring in the same spots.:8d what is being done. He said that he would like to see the curfew more vigorously enforced and noted that theboth the victim and perpetrator in the recent shooting were under 17 and out past curfew. He made a referee to the Planning and Development Committee to hold a special meeting to develop strategies to address the svedal vroverty maintenance problems in this area. He made a reference to the Health Department and the Fire Devartnent to increase inspections in this area to help ensure the safetv of all the residents. He also made a referewe to the Zoning Department to determine what the law is on how many Dersons can live in one dwelling unit. Rb felt that there were many instances of overcrowding in this part of his ward. He said that the residents in themea had demonstrated their commitment to the City (by their support of the Clyde/Brummel mural) and felt that thrCity needed to demonstrate its support that area. He is committed to working with residents and City staff to deidbp strategies to increase the quality of life in that area and help citizens be safe. Alderman Feldman said that Alderman Holsman had articulated very well the shock, shame and regret that everyone felt omr this incident and supported his efforts to encourage the community to deal with this issue. He said that we cad't allow this type of thing to go on and would help in any way he could. Alderman Feldman thanked City Engineer James Tonkinson and his staff for their efforts in finally getting the railroa tracks across Oakton Street pulled up and the area paved over. He said that the tracks had been abandoned severipars ago and had been the source of some of his most frequent complaints from constituents. Now, because of theafforts of Mr. Tonkinson and his staff, people driving on Oakton can travel that area secure in the knowledge that tlny no longer are in danger of losing their mufflers or springs. He noted that it had taken repeated contacts with�ft State to get them to pressure the railroad into removing them. MayorMorton said that she was very appreciative of how well members of the City Council had been working togethrr. and how efficiently they had been operating. She noted that they were fifteen minutes behind schedule, but hAstarted late. She also complimented the aldermen for the efficiency and civility with which they addressed problow in the committees and wanted the community to know how well the nine member Council was doing. Alderman Newman said that the mayor deserves some credit for how the sales tax passed, but noted that some aldenwo had also been opposed to it as originally proposed and questioned whether there would have been the votes to passit had the changes not been made. He noted that there could be no meaningful tax relief until the other two taxingbodies, who (with the city) accounted for 84% of the property taxes, fully participated in reducing their budges. He suggested that waiting for the State to do something about how education is funded to get property tax relieii`s about as realistic as expecting to able to get federal money any time soon for tax relief. He said that Court cannot wait for others to do it, but has to work on its own budget to control the rate of property tax increw in full partnership with the two school districts. 14 September 27,1993 Alderman Newman made a reference to the Rules Committee to review how references are made and to change the rule reeardine references to allow an alderman to make references to standing committees outside the Call of the Wards. He felt that any reference that can be made automatically in Call of the Wards, should be able to be made to staff without going through Call of the Wards. He felt it was a waste of time and made reference to a reference that the Planning and Development Committee wanted to make to itself and which to be made through Call of the Wards. Alderman Newman made a reference to the Administration and Public Works Committee to consider an ordinance that would prohibit Citv staff to issue permits for the use of loudspeakers after 9:00 P.M. He noted that he had recently received a number of complaints from constituents when a loudspeaker permit had been issued to Northwestern students one evening between 9:00 P.M. and Midnight. When neighbors complained to the police, they were told that the students had a permit for the loudspeaker. Alderman Newman made another reference to the Administration and Public Works Committee to consider drafting an ordinance that would prohibit anv form of solicitation within 50-feet of an Automatic Teller Machine (ATM). He reported that he had received a legal opinion from State Representative Jeff Schoenberg and the House Democratic State Committee, which he will make available to other aldermen and legal staff, that such an ordinance would be constitutional. Alderman Newman reported that he had received a letter about Northwestern University chopping down a 12-15 year old Maple tree while they were in course of building a new building and without consulting the neighbors. He felt that the University was not generating good will with the neighbors by chopping down a tree in a Tree City USA where there is strong feeling about trees. He said that he would be willing to work with the City Manager to negotiate with Northwestern University to replace the tree. He showed pictures of a tree of similar size and the stump of the one cut down. He felt that if NU wanted to have good relations with their neighbors, they should replace the tree. Mayor Morton said that it was not just in Alderman Newman's ward that cutting down a tree created problems. She said that if you want to get into a donnybrook with a community, just try to put an axe to a tree. She asked whether his reference to the Rules Committee concerning references also included having the alderman who was making the reference to staff making the other aldermen aware that he had made a reference. Alderman Newman said he had no problem if the Rules Committee also looked at facilitating communication among Council members. Alderman Engelman moved that Council recess into CLOSED SESSION to consider pending litigation and land acquisition matters. Seconded by Alderman Moran. Roll call. Voting aye - Newman, Guthrie, Heydemann, Kent, Moran, Engelman, Holsman and Feldman. Voting nay - none. Motion carried. (8-0) The Council so recessed at 10:55 P.M. and adjourned from CLOSED SESSION at 11:40 P.M. KIRSTEN F. DAVIS CITY CLERK 1