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HomeMy WebLinkAboutSeptember 09, 1987 COW Committee of the Whole Meeting September 9 , 1987 Mayor Van De Voorde called the meeting to order at 6 : 30 p.m. , in the Council Conference Room. Members present : Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Absent : Councilman Gilliam. Consideration of a request from the Heritage Commission for an extension on the submission of a preservation ordinance. The Council was advised The Elgin Heritage Commission and staff are continuing to progress in the preparation of a preservation ordinance for consideration by the Council. While much progress has been made, a few sections of the ordinance are in need of further modification and refinement , and the Commission requests this ordinance be tabled until further notice. Councilwoman Shales made a motion, seconded by Councilman Walters to table this ordinance until further notice from the Heritage Commission. Yeas: Councilmen Fox, Moylan, Popple, Shales , Walters and Mayor Van De Voorde. Nays: None. Consideration of a report and draft ordinances for possible liquor license ordinance changes. The Council reviewed a draft ordinance providing for amendments which would cover elimination of the extended hours permit , no license shall be issued for any premises where gasoline or other fuel for motor vehicles is offered for sale, no license shall be issued for any premises located within three hundred feet of any property classified in a residential district , and no license shall be issued for any premises which does not include, on site, the minimum number of parking spaces required under the zoning ordinance. Councilwoman Popple: I would like the staff to find for us liquor law ordinances within a closer area, Hanover Park, Bartlett , Dundee, Streamwood, Schaumburg and Crystal Lake , so we have a good idea of what suggestions we are considering, and then I think we have a better opportunity to know where our rules PP Y and considerations will stand, and what is being done locally. Councilwoman Moylan: I would suggest too, that we find cities of comparable size, Aurora, Galesburg, Peoria, Evanston, towns of a similar size, and maybe age too, some of our problems are because we have had to grandfather in many uses that may or may not be inapporpriate, so I would like to see some of those. Councilman Walters: This is a very important matter, but I also want to have some point where I know that we can say this is coming to an end, and a conclusion, and I am concerned about when that time is going to be, I don 't think that by stretching this out longer and longer, it will be beneficial to the business Committee of the Whole Meeting September 9 , 1987 Page 2 climate. What I would like to know is where you want you want to go with this . Councilwoman Popple: If the Council decides we should have a moratorium, then I think it would be fair to limit our discussion within that time period. Councilman Fox: I realize the moratorium is coming up later, but that was the point of my vote on the moratorium two weeks ago. The moratorium as far as I am concerned is really a non- issue, its the liquor license and how we are going to deal with the liquor licensees in the City. The reason I voted for the moratorium was to put that 60 day limit on this , because my feeling on this is that if we don' t do something in 60 days then we should not be dealing with this . They need to know where they stand, we need to make decisions , we are going to be getting into budget , and I don 't want this hanging over the City, and that was the purpose in voting for the moratorium. If this Council wants to make a commitment that we are going to deal with this in two weeks , one month, or as soon as possible and we are going to face these issues and deal with the, however we deal with them, in less time, then the moratorium is unnecessary. The real issue is what we want to do with these liquor licenses . Councilwoman Shales : We did discuss two weeks ago the items that we wanted put on the ordinance so the public would know where we are looking. I know there is a garbage line on the ordinance that says"and any other matters that we wish to discuss" , but I askedthatwe also in explaining why we wanted the moratorium to say that one of the things we are considering is a way to make non-conforming uses after a certain period of time to be conforming, I don 't see that item addressed in any of these things including the ordinances. Councilwoman Moylan: I think we have to be fair to people with liquor licenses , I don't think it is fair to keep them in suspended animatioon, I think if we vote for the moratorium tonight we should set a date to have a public hearing, where we sit down, after we have received other ordinances , so there is a time, and then when we vote on the different issues , it is my understanding that the moratorium is mute, because we i are holding a moratorium to look at these different issues. Len Didier, Town Liquors: The obvious point I would like to address is the 300 footage from all residences. As your own records show that would apply to 850 of us who would fail to meet this . Eighty-five per cent of us pay you about $125 , 000 in license fees , to be able to sell a controlled beverage called liquor. We are not bad people, we are part of this community. Committee of the Whole Meeting September 9, 1987 Page 3 i We have put forth many dollars, and if you were to take a look at all of our P & L statements I don't think you would invest the way we have invested. I think all of us are here for the same reason, to try and make society a better place to live. To try to help all of us , because all of us need to work together, we are all part of this community. Certain of these changes are made to help us and they definitely would not help us as liquor license holders , but they would not help you either, because you would stand to lose $125 , 00 in license fees, probably in the vicinity of $175 , 000 in sales tax revenue, trust me, there are not enough locations in this town for any of us to relocate. If I lose my license because I cannot conform anymore, I have three more years on a lease, $36, 000 per year I will still have to pay because I have signed a lease and a personal guarantee. How do I move ? Where do I move? . We all stand to lose much more than your $300, 000. This ordinance is not just to control all of us , it is all of us , and all I ask is that you take into consideration the small business man in -this community. Mayor Van De Voorde: I would like to say the only issue before this Council tonight is the question of a moratorium on new liquor licenses or transfers. There will not be any ordinance passed before it is brought to the public in an open hearing. I have voted against the moratorium and will continue to do so. Consideration of a report and a draft apartment licensing ordinance. After presentation of characteristics of apartment licensing programs in other Illinois communities, the City Council directed staff to develop cost estimates and fee schedules fora self supporting program in Elgin. Staff was also directed to draft a ordinance for an apartment licensing program. I The Council was handed three alternative fee schedules that j could be utilized for a self supporting licensing program, together with an estimated cost to operate an apratment licensing program and a draft ordinance. The City Manager stated the license fees should yield $167 , 000 per year. and he further pointed out this program is not as high a priority as some of the other programs. This program could proceed to a public hearing, however, the City Manager recommended that it not be effective until the middle of next year. Councilwoman Popple indicated she would be willing to take the program to the public hearing stage, using fee schedule #3 . Committee of the Whole Meeting September 9 , 1987 Page 4 Mayor Van De Voorde stated he did not feel we have enough inspectors for this type program, Aurora has a similar program and they have 15 inspectors doing this work. The Mayor suggested that everyone wants to improve Elgin ' s image, and the Council should get their act together, hire more inspectors to take care of the immediate problems which currently exist . Councilman Fox stated he did not feel it was fair to isolate just apartments because there are other problems , and the City should approach the whole area for violations. Councilman Fox also felt the number of inspectors should be increased. Councilwoman Moylan stated she agreed there should be more inspectors, but she felt it was premature to take on apartment inspections right now and the visual abuses should be cleaned up first . A majority of the Council ageed to vote for the public hearing, but this would not be an indication of a vote for the program. Councilwoman Popple made a motion, seconded by Councilwoman Shales to set up a public hearing for the licensing program, using Fee Schedule #3 . Yeas : Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Nays : None. Consideration of the impact of changes in the code requirements for insurance. The Council reviewed the staff' s recommendation which provided the Legal Department prepare an ordinance utilizing Corporate Policyholders Counsel' s guidelines as minimum requirements , but with a waiver provision that would allow the City Manager or his designee ( Risk Manager) the authority to deviate from the minimum requirements as individual circumstances of the insurance market may dictate; this waiver provision would include a requirement that the City Council will be notified of any waiver approved. Gil Nore, President of the NEBA Group stated that should the 5 million coverage be authorized it would mean the end of the NEBA carnival, which is a yearly event , and possibly the end of the NEBA group. Councilwoman Shales stated the City has to take some risk in order to provide for available events and programs for Elgin citizens. Mayor Van De Voorde stated he would have to abstain from voting because he is a member of NEBA, but if he could vote he would vote against this recommendation. Councilwoman Popple made a motion, seconded by Councilwoman Moylan for an ordinace and waiver be prepared in accordance with staff' s recommendation. Yeas: Councilmen Moylan. Nays : Councilmen Fox, Popple, Shales , and Walters. Abstain: Mayor Van De Voorde. Committee of the Whole Meeting September 9 , 1987 Page 5 Consideration of a letter from the Land Use Commission regarding enforcement . The Land Use Commission letter identified three areas of inadequate enforcement of codes of problems of signs, and the need for expanded inspection services . The City Manager stated the Council is aware that staff has been working for over one year to obtain compliance on sign violations and are having success. Staff is presently citing those who have not voluntarily complied into court and expect over the next several months, that this assignment will be completed. When this matter was first reported to the Council, it was indicated it would take at least . one year process in order to deal with the many years of backlog. The other two area of concern appear to be cases prior to the upgrading of inspections for which temporary occupancy permits were issued without obtaining full compliance. Gordon Burkart states that , given the record system that was maintained at that time, there is no knowledge or record available to tell whether compliance was accomplished except on a case by case investigation. Apparently there was no follow up available to determine whether temorary permits were completed into permanent . The staff has been struggling with this in a number of areas and are trying to resolve these matters wherever they are located and identified. Once again the Council pointed out the need for additional inspectors. Consideration of a proposal for environmental management of the Bluff Spring Fen. The Council reviewed a proposed management agreement for the Bluff Spring Fen, approved the staff recommendation and directed staff to prepare the appropriate resolution for the next Council Meeting. Report on impact of proposed Commonealth Edison substations. The locations requested for these relocations are as follows: 1. Southeast and Northeast corners of the Civic Center parking lot . 2 . Spring Street Deck on Spring Street south of the North Elevator Tower and north of the South Elevator Tower. Committee of the Whole Meeting September 9 , 1987 Page 6 3 . Southwestcorner Chicago and Spring Streets , Advocate Park. Southeast corner of the Crocker Parking Lot , adjacent to the Rifken building. The staff recommendation is for the Engineering Division to issue permits for the foregoing relocations with the following conditions: ( 1) That all work performed during these relocations be in accordance with accepted construction practices . ( 2 ) That all planting materials damaged during the relocations be replaced with like materials and that existing vegetation be utilized to screen the transformers from public view. , and ( 3 ) That the color of the transformer shall be brown/black as utilized on existing exposed metal fixtures in the Civic Center and Spring Street Deck. Councilwoman Moylan made a motion, seconded by Councilwoman Popple to approve the staff recommendation, with the same conditions as listed above. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Nays : None. Consideration of a lease agreement with the Armory for fence installation. The Military Department is interested in making improvements to the exterior of the Armory on Gifford and Raymond Streets. Before making said improvements, however, the Department would like to erect an eight foot security fence around the property. Because of the fence height , a variation will be necessary and a hearing for this has been scheduled for September 21st . Councilwoman Popple made a motion, seconded by Councilman Fox to approve the staff' s recommendation and approve said request . Yeas: Councilmen Fox, Moylan, Popple, Shales , Walters and Mayor Van De Voorde. Nays: None. Consideration of additional purchase of water meters . Councilwoman Moylan made a motion, seconded by Councilman Walters to authorize an additional $16 , 722. 19 for the purchase of water meters in order to meet the goals of the Water Department for the meter exchange program as well as needs for new construction. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Nays: None. Consideration of Change Order No. 2 to complete the 1986 paving project . Councilwoman Shales made a motion, seconded by Councilman Walters , that Change Order No. 2 with Central Blacktop, Inc. for $1, 700 for the West Side Resurfacing - 1986 be approved. Yeas: Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Nays: None. Committee of the Whole Meeting September 9 , 1987 Page 7 Consideration of a contract for repair of Well 1A. Councilman Walters made a motion, seconded by Councilwoman Popple to accept Layne-Western' s proposal to pull and televise Well lA on a time and material basis at an approximate cost of $8, 800. Yeas : Councilmen Fox, Moylan, Popple, Shales, Walters and Mayor Van De Voorde. Nays : None. Adjournment Councilman Walters made a motion, seconded by Councilwoman Popple to adjourn this meeting. Yeas: Councilmen Fox, Moylan, Popple, Shales , Walters and Mayor Van De Voorde. Nays : None. a , ' q Marie Yearman, City Clerk