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HomeMy WebLinkAbout07_26_04_ccCITY COUNCIL ROLL CALL - PRESENT: July 26, 2004 Alderman Kent Alderman Feldman Alderman Moran Alderman Newman Alderman Tisdahl Alderman Wynne A Quorum was present. Alderman Rainey Alderman Bernstein ABSENT: Alderman Jean -Baptiste PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, July 26, 2004, at 8:50 p.m. in the Council Chamber. ANNOUNCEMENTS: Deputy Police Chief Dennis Nilsson invited the community to participate in National Night Out, Tuesday, August 3, by turning on their porch lights, sitting outdoors with their neighbors to boot crime out of town. Parks/Forestry & Recreation Director Doug Gaynor announced that all beaches would close at 7:30 p.m. starting August 1 due to limited visibility at dusk. Mr. Gaynor invited all to the 32nd annual Lakeshore Arts Festival at Dawes Park, Saturday and Sunday, August 7-8. Finance Director Bill Stafford announced the 6`h annual Diversified Business Fair would be Wednesday, July 28, from 8:30 a.m. to 1:00 p.m. at the Evanston Hilton Hotel. Public Works Director David Jennings announced the CTA would hold a public hearing the next evening at 6:30 p.m. on the operation of 10 bus routes in the Evanston area about changes in routes for at least the last six months. COMMUNICATIONS: City Clerk Mary Morris announced that, based on the 2000 Census of Evanston's population, wards were redistricted when the City Council passed Ordinance 103-0-03 on December 15, 2003 with the provision that a new ward map would be effective August 1, 2004. Cook County's Election Department reconfigured the precincts based on the map. Starting August 1, the ward/precinct map will be on the City's website and paper copies will be sold in the City Clerk's office. With the redistricting, some polling places may change. Voters will receive information on their ward/precinct and polling place from the Cook County Clerk's office before the election. She thanked the GIS Division and Patrick Keegan, in particular, for creating the new map. CITIZEN COMMENT: Mimi Peterson, 748 Wesley Ave., co-founder of To Rescue Evanston's Elms (TREE) in 2001 stated their organization has worked with City staff and the Environment Board to educate homeowners about early detection of Dutch elm disease, cutouts for infected trees and injections of Arbortect to prevent trees from becoming infected. TREE has given more than 100 volunteer hours to scouting trees this year and helped to increase the number of early cutouts by twice the number as last year. They hosted the first Beetle Bash, where citizens gave funds to save trees in a City park and got 100-150 trees treated with Arbortect. They are doing all they can but cannot keep up with the pace of Dutch elm disease this year, which is at a crisis level. TREE is encouraged by the Parks/Forestry Division's recommendation of July 12 to consider injection of all of Evanston's elm trees, which is essential to save the remaining elm tree population. July 26, 2004 Vireinia Mann, 3004 Normandy Pl., co-founded TREE because elm trees were dying. She noted that today one no longer sees a canopy of trees covering City streets. Today there are less than 100 elms on Sheridan Rd. from Calvary Cemetery to the Baha'i Temple. Evanston's elm trees are dying and at a tremendous cost to the environment, character of the community and budget. Currently the City spends $1,800 to remove a mature, diseased elm tree and $600 to plant a small replacement tree that won't mature in their lifetimes. She stated this is an unnecessary effort because today elm trees do not have to get Dutch elm disease from the beetle. A vaccination that costs $300 per tree and is good for three years can be given to these trees to prevent the spread of the disease. For an average cost of $100 per year, Evanston's elms could be injected for 24 years versus the cost of taking down the trees and replacing them. She stated it is the most economical and environmentally sound action to take and the right thing to do for the community. TREE encouraged Council to move as quickly as possible and adopt a program whereby the City pays for injecting every elm tree in Evanston. Peter Mattox. 2531 Hastings St., nine-year resident and TREE member, said the City needed to take a different approach to combating Dutch elm disease, a proactive policy of tree injections. He explained there are 14 elm trees on the public way in and around Bent Park on Cowper, Hastings and Harrison, which border the park. Not long ago these trees were dramatically outlined by a canopy of elms far in excess of today's numbers. For the past two years he and others have worked to raise awareness of the devastating effect of this disease. The two-year effort culminated in the Beetle Bash event where they invited the nearby community to educate people about the disease and raise money to combat the disease in trees in the park through injections. They raised enough money to inject six trees. He noted last summer they lost two trees on the parkway and this year two trees were diagnosed with the disease. One tree had to be cut down. A hurdle is the lack of understanding about this disease in the private sector and the options available. Many have stood by as they watched their forested neighborhoods disappear. TREE is helping and can only go so far. The City must take the lead on the injections and the financial burden is too high for citizens. He urged the City to act now. Amv Kiefer, 1400 Wesley Ave., spoke on behalf of citizens who want to end incineration in Evanston, as a parent, teacher and resident. She stated this is an elective source of pollution that does not need to happen which is why people feel this should be stopped now. She said there are many safe alternatives to disposing of red bag waste. More than 6,000 hospitals in 1988 used incineration and today only 80 hospitals use this method which leads them to believe that Evanston Hospital can make a change quickly. Speaking on behalf of the Orrington PTA and families, she urged prompt action when some 300 children return to school downwind that they know there is no more burning. She stated that data shows incineration pollution causes cancer, neurological disorders; worsens asthma and causes birth defects and fertility problems. They have passed this hard data to Council and asked them to do the right thing. It is often said this has occurred for 15 years, what is one more year? She urged them to stop the mistake and to act upon the ordinance provided. Caroline Yabush. 2737 Asbury Ave., 35-year resident, two -three blocks downwind of Evanston/Northwestern Hospital, recalled when they moved in there was no problem but as her children grew up, around midnight or so, a terrible stench would come in the windows that often woke her up. Not too long afterwards, her son developed a serious allergy, her husband had a heart attack and she suffered from breast cancer. She could not say these things were unrelated, but she felt the hospital has been remiss in doing anything about this problem. It has to be toxic because the smell is horrible. She hoped the hospital would do something more quickly than they said they would. She suggested people could draw their own conclusions about the damage that this is doing to children, plants and people's lives. Marearet Kelly. 828 Colfax St., related that for many years she has been awakened by horrible smells from Evanston Hospital's incinerator between 1:00 a.m. and 5:00 a.m. while people are asleep. She complained to one alderman who urged her to call Jan Schakowsky who urged her to call her state representative and got no satisfaction. She called the City Manager's office and was advised to close her windows. She became aware of the City Code section (4-10-3) that mandates the City shut down "any source of air contaminants to be injurious to human, plant, animal life or property or to unreasonably to interfere with the enjoyment of life or property." Trisha Bovice, 1001 Dodge Ave., pleaded on behalf of her nine -year -old son who has asthma and Evanston residents that Council shut down Evanston/Northwestern Hospital's incinerator. She appreciated the time and interest that some aldermen have shown to residents on this issue and hoped others would take such an interest before August 2. She stated that August 2 is the day to step forward and shut down the incinerator for good. Diane Thodos. 2668 Orrington Ave., received (about a month ago) a slip about the Evanston/Northwestern Healthcare July 26, 2004 incinerator. She was outraged by the facts on this slip. When she took it to the 0 of July block party, every neighbor was also outraged. The hospital located only one block from Orrington School where they live, has turned from being a health benefactor to a health menace in their eyes. She is a cancer survivor and a family member has asthma. Both conditions can be caused by this kind of incineration. Many neighbors are curious about the rates of respiratory illness and cancer in the immediate area and beyond. How many local cancer deaths may have been caused by these emissions? They feel betrayed that the hospital's immoral policies have been allowed to continue and that tons of medical waste are burned everyday. She said it is unconscionable that this incinerator has burned waste for 15 years and that this is the third unit the hospital has acquired in a 50-year history of incineration. She stated there is no excuse to rationalize why it should continue to operate one more day; wondered how many cancer cases that enter into the ENH Kellogg Cancer Care Center may have been caused by these deadly emissions. Her concern was about the most vulnerable in the community — children going to Orrington School and the elderly whose immune systems come under easier attack from carcinogens. She asked aldermen to recognize this as not a political issue but one of conscience and ethics. Silence on this issue equals death. As elected officials it is their responsibility to protect citizens who are watching. Hans Viia, 811 Chicago Ave., spoke about the ordinance that would grant a variance for 801 Chicago Ave. He urged Council not to grant the variance based upon the fact that immediate neighbors would experience a detrimental impact if it is granted. The proposed development is a large building on a small site, although, they could build up to a certain height and the developer chooses to build slightly under that height, the fact is if parking restrictions and financials of the site are taken into account, they are not able to build without any variances a building of that size and height. He said there are always ways to be irrational and build a building they hope won't happen. They have negotiated with the architect. He urged Council to vote to deny but hoped they could have negotiated a win -win situation instead. Tim Cronin, 811 Chicago Ave., asked Council to reject the project at 801 Chicago Ave.; stated as outlined it does not meet community needs and would have a negative impact. The lot size, scope and dimensions don't support a building of this size in a C 1 a District. He urged them to vote "no" because the only party benefiting from this is the developer. Christopher Weil, 900 W. Argyle, Chicago, manager at Bar Louie at Sherman/Grove, stated they sought an extension on their liquor license to 3:00 a.m. Concerns have been raised about what this would do to the evening environment there. He explained that all servers, bartenders, etc., are required to be state certified through the Basset Certification Program, which prevents over serving and helps them recognize when people already have been over served and not allow them into the restaurant. Sales at Bar Louie are 60% food and 40% alcohol beverages. All employees in the front of the house must be 21 years of age. Patrons are carded at the door and if anyone looks under 30 years old, carded at tables and the bar as well. Their interest in this license is due to the average age of their customers, 32, who wish to remain in a calmer environment. They have an excellent rapport with police and, if they see something wrong, they call to keep the area safe. Their corporation focuses on customer satisfaction and demands a safe environment. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Feldman moved Council approval of the Consent Agenda with these exceptions: Speed Humps in Wards 1, 2, 3, 7 & 8; Ordinance 36-0-04 - Amends the City Code Pertaining to Curfew; Ordinance 76-0-04 - Amends City Code regarding motorized and motor -assisted vehicles; Ordinance 78-0-04 - Increase in Class B 1 Liquor Licenses - Bar Louie; Ordinance 79-0-04 - Decrease in Class B Liquor Licenses - Bar Louie; Ordinance 75-0-04 — Special Use — Type Two Restaurant (1813 Dempster); and Ordinance 65-0-04 — Zoning Planned Development — 801 Chicago/525 Kedzie. Seconded by Alderman Rainey. Roll call. Voting aye — Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Wynne, Bernstein. Voting nay — none. Motion carried (8-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of July 12, 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: July 26, 2004 * Approval, as recommended, of the City of Evanston payroll for the period ending July 15, 2004 and City of Evanston bills for the period ending July 27, 2004 authorized and charged to the proper accounts: City of Evanston payroll (through 7/15/04) $2,194,240.99 City of Evanston bills (through 7/27/04) $2,978,667.69 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from Arrow Road Construction to resurface various streets at a cost of $1,277,777. (Funded with MFT funds.) * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0). ■ ■ ■ * Resolution 37-R-04 - Authorizine SUDDlemental Construction Eneineerin2 Services - Consideration of proposed Resolution 37-R-04, which authorizes the City Manager to sign a supplemental agreement with Teng & Associates for Chicago Avenue Bridge reconstruction supplemental construction engineering services. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 74-0-04 - Amending Section 9-5-11 to Drohibit Dublic urination and defecation - Consideration of proposed Ordinance 74-0-04, which amends Section 9-5-11 of the City Code to prohibit urinating or defecating in public. * MARKED INTRODUCED — CONSENT AGENDA * Ordinance 80-0-04 — Increase in Class N Liauor Licenses — Consideration of proposed Ordinance 80-0-04, introduced July 12, 2004, which amends Section 3-5-6(N) to increase the number of Class N licenses by one from 3 to 4 for Dominick's Finer Foods, 2748 Green Bay Rd. * ADOPTED CONSENT AGENDA & ROLL CALL (8-0) * Ordinance 81-0-04 — Decrease in Class O Liquor Licenses — Consideration of proposed Ordinance 81-0-04, introduced July 12, 2004, which amends Section 3-5-6 (0) to decrease the number of Class 0 liquor licenses by one from 4 to 3 for Dominick's Finer Foods, 2748 Green Bay Rd. * ADOPTED CONSENT AGENDA & ROLL CALL (8-0) * Ordinance 82-0-04 — Increase in Class N Liquor Licenses — Consideration of proposed Ordinance 82-0-04, introduced July 12, 2004, which amends Section 3-5-6(N) to increase the number of Class N licenses by one from 4 to 5 for Dominick's Finer Foods, 1910 Dempster St. * ADOPTED CONSENT AGENDA & ROLL CALL (8-0) * Ordinance 83-0-04 — Decrease in Class O Liauor Licenses — Consideration of proposed Ordinance 83-0-04, introduced July 12, 2004, which amends Section 3-5-6 (0) to decrease the number of Class 0 licenses by one from 3 to 2 for Dominick's Finer Foods, 1910 Dempster St. * ADOPTED CONSENT AGENDA & ROLL CALL (8-0) PLANNING & DEVELOPMENT: * HOME Fund Reauest for Reba Place Develonment Comoration's Affordable Condominium Conversion - Consideration of a recommendation to award a request for $186,900 in HOME funds to reduce the purchase price of three condominium units in a five -unit condominium conversion at 836- 838 Elmwood Ave. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) * Resolution 38-R-04 - Authorizine Continued Fundine of the Evanston Housing Comoration - Consideration of proposed Resolution 38-R-04, which authorizes continued funding of the Evanston Housing Corporation's First -Time Homebuyer Program. Funds are currently available and have been invested in the Corporation since 1989.* APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) July 26, 2004 HUMAN SERVICES: * Approval of the June 2004 Township Monthlv Bills - Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of June 2004 in the amount of $104,432.54. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (8-0) REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Speed Humps - I". 2na 3ra 7t' & 8t' Wards - Consideration of a proposal to place speed humps on Colfax between Sheridan/Ridge, on Fowler and McDaniel between Dempster/Main, on Pitner between Dempster/Lee, on Darrow between Crain/Greenleaf, on Judson between Kedzie/Keeney and between Dempster/Hamilton, and on Dobson and Brummel between Custer/Ridge. Alderman Rainey moved approval. Seconded by Alderman Wynne. Alderman Rainey reported an extensive discussion on how speed humps are approved. The Dolicv on speed humps was referred to the Administration & Public Works Committee by Alderman Moran. Alderman Newman had no problem with the policy that requires more than 50% of residents favor installation of speed humps. His problem was with the small yellow signs. He hoped for excellent signage and if a sign is stolen, that it be replaced immediately. If a driver does not know humps are there, it can damage a vehicle. Alderman Moran considered this an unusual proposal because with past requests to install speed humps, it was done in a discreet area with an analysis and the conclusion that anything other than speed humps would not stop speeding, cut - through traffic or other problems at a location. He did not oppose speed humps, has voted for them in the past but suggested they be used as a last resort. He noted they were asked to approve installation of speed humps in six or seven different areas. Several streets would have four or five consecutive blocks with speed humps and others consecutively on three or four blocks. He was concerned that with one vote they could have as many as 22 blocks with speed humps. He thought if they moved from discreet and closely defined to wholesale installations of speed humps along significant corridors, there are issues not examined by the City that should be before this is approved. What are the consequences of having five straight blocks covered with speed humps? Would that push traffic from that street to adjacent ones? He noted that Public Works Director David Jennings explained that traffic control issues are dealt with on a neighborhood basis, which apparently was justification for installing speed humps on up to five consecutive blocks to serve a neighborhood. He was not convinced that was the case. The current rule is that people fill out cards indicating they favor or don't favor speed humps and if 51 % of residents favor them, that is the determining factor. The question is who gets those cards? If people along one street get them is one thing, but if people on adjacent streets suffer the consequences of more traffic and don't have a say, but get the fallout from pushing traffic from one street to their street is another matter. He suggested they need to consider how this policy will serve them if the consequences are long stretches where people will want to have speed humps for a half mile or more to control traffic. It may reduce speeding but is it really safer and are there collateral consequences of installing speed humps? Where does it stop? Do they want speed humps on most blocks in Evanston? He suggested they look into this; thought they may get into a situation where they address one problem but may create more problems than they solve. He advised not voting on the proposal that evening but to consider engaging in a discussion and asking traffic consultants to advise them on what to do in the future. Alderman Feldman favored the proposal but welcomed revisiting the need and policy. He has found this program one of the most successful in the 9th Ward. Looking at it as a neighborhood problem/solution has not been his experience, which has been with individual blocks and sometimes two blocks. He could imagine some difficulty with a larger expanse. A vote on a block -by -block basis is one thing, but in a five -block area there could be a block or two with nearly 100% approval and others with a close negative. He thought it was up to an individual block and should not be based on voting speed humps in on five -six blocks. He saw this as a personal choice and specific program, which was why it was so successful. He asked Mr. Jennings how a four -five block vote was taken and urged discussion of the reference. July 26, 2004 Alderman Newman spoke about Colfax St. between Sheridan/Ridge and gave an example of why this was necessary. Several years ago there was a discussion of installing a cul-de-sac on Colfax that was turned down, as was a four-way stop at Sherman/Colfax. Within two blocks of this intersection a speeding driver hit a child, who will never walk again. Because of young speeding drivers in the university area, the only way they can deal with it is to have more police. He said this street is between Noyes and Lincoln, which are wider than Colfax is. These would be the only speed bumps in the lst Ward. He has been petitioned eight to six for speed humps on Sheridan Rd., which he has not forwarded (to Public Works). This had 70% approval of residents and a history of excessive speeding. There is no proliferation of speed humps in the lst Ward. He takes it seriously and as a last resort action. He thought notifying other blocks and expanding notification was fine. There is an impact on other streets and the Traffic Engineer signs off on all of these. Alderman Rainey commented that the Traffic Engineer does not approve all requests for speed humps. Some are rejected by the fire/police departments. The applications that come to aldermen go through a process and aldermen know exactly who voted for them on each block. She thought there was a lot of control and if mistakes were made, it would be by the aldermen. She favored the proposal. Voice vote. Motion carried. Ordinance 36-0-04 - Amending Section 9-6-1 of Title 9, Chanter 6 Pertaining to Curfew - Consideration of proposed Ordinance 36-0-04, which amends Section 9-6-1 of Title 9, Chapter 6 of the City Code, pertaining to the City's curfew ordinance to address First Amendment rights in accordance with a recent Federal Court decision. Alderman Rainey asked that this item be marked introduced and referred back to the A&PW Committee. Ordinance 76-0-04 - Amending Section 10-1-9-6 Regarding Certain Motorized and Motor- Assisted Vehicles - Consideration of proposed Ordinance 76-0-04, which amends Section 10-1-9-6 of the City Code prohibiting the operation of motorized or motor -assisted skateboards and scooters. Alderman Rainey asked that this item be marked introduced and referred back to the A&PW Committee. Alderman Kent recalled that when he was a child they put together mini bikes; recently saw a mini rocket, which looks like a motorcycle, that possibly could be licensed and wanted to make sure it was covered in this ordinance. Ordinance 78-0-04 — Increase in Class BILiquor Licenses — Consideration of proposed Ordinance 78-0-04, introduced July 12, 2004, which amends Section 3-5-6(B 1) to increase the number of Class B 1 licenses by one from 6 to 7 for Bar Louie, 1520 Sherman Ave. Alderman Rainey moved approval. Seconded by Alderman Feldman. Alderman Rainey expressed concern about the policy of issuing enhanced liquor licenses in problem areas. Having looked at police calls in this area that total almost 1,000, excluding car tows, and looking at Bar Louie, there were 19 calls in the past year having to do with intoxicated people and noise late at night. The police calls dealt with the 1500 block of Sherman Avenue. In examining the police calls, she questioned how The Keg could get consideration for a liquor license. In looking at the calls for Best Western, she found it shocking that the intersection where Bar Louie is located is impacted by uncivilized behavior, but did not think that reflected on the Bar Louie staff. This has to do with how the Council should approach future renewals, requests for enhanced licenses and solving these problems. Now they have a history with bars and there are serious problems. A recent study concerning universities indicated the number one university with alcohol related arrests was Northwestern University. She has tried to talk to the Mayor, who is the Liquor Commissioner, and never has had a satisfactory conversation about this. She thought Council should look at the problems. She has made references before that whenever there is a license renewal that the A&PW Committee be allowed to discuss it, which has never happened. She favored expanding this license for Bar Louie. Alderman Newman said the City has attempted to get more revenue on the 1500 block of Sherman Ave. with no July 26, 2004 investment of personnel and found the low police presence there shocking. People get drunk in these establishments then come outside and are in the streets. Alderman Newman would not vote for this enhancement for Bar Louie unless he knew that they could not sell liquor at the outdoor cafe after a certain hour. He asked if this license would allow them to serve liquor until 3:00 a.m. at their outdoor caf6? He related meeting with the 1800 Club and was going to introduce something in August on outdoor cafes. Downtown has changed with large residential buildings and residents have to listen into the morning hours to people talking in outdoor cafes. He suggested people should be served liquor inside, not outside. At 1800 Sherman Ave., they drink on the outdoor patio until 3:00 a.m. with residents across the street trying to sleep. He made a reference to the A&PW Committee that outdoor cafes close at 11:00 p.m. If Bar Louie wants to sell alcohol until 2:00 a.m., they should go inside as they do at Pete Miller's. He suggested they look at the ordinance and review each renewal every year. On Type II restaurants, each year applicants for an outdoor caf6 come in for a license to the P&D Committee. They do this because some restaurants allow garbage in the streets. City regulations mean nothing unless they fear renewal of their license. He said this is a big privilege the City gives and more safeguards are needed. Bar Louie is a good business but he was concerned about the number of police calls all over the downtown. What they heard tonight was if Bar Louie has a problem, they are good neighbors and call the police. In the I't Ward there was a residential burglary the prior night. Alderman Newman wanted police available for residences, not downtown breaking up fights. If they need additional police, they will have to pay for them. NU is adding some extra police. He stated there is a social cost of what the City has to do downtown and more police are needed there; suggested Council review all police calls annually. Immediately the City should not allow alcohol to be served at an outdoor caf6 past 11:00 p.m. If people want to drink after 11:00 p.m. --go inside. Alderman Newman thought Type 1 restaurants downtown could get an outdoor caf6 permit and serve alcohol without approval. Community Development Director James Wolinski stated that Type 1 restaurants in downtown have been approved once to serve liquor and don't have to appear before the committee again unless there are complaints. Bar Louie is a Type 1 restaurant because they have wait service. He said they got their outdoor caf6 permit without going through the P&D Committee, which is not renewed annually. Mr. Wolinski thought they came through one time and don't have to renew annually to operate their outdoor caf6. It is administrative review. Alderman Bernstein favored licenses to serve liquor outdoors in the core area but thought they were remiss with certain liquor usage and problems with some license holders. He favored Bar Louie; asked that they review every license that comes up for renewal annually. He did not want police used to check on outdoor cafes. He wanted establishments such as Tommy Nevin's Pub, Bar Louie and The Keg to be responsible when people are loud outdoors and that these businesses should maintain decorum. They have regulations concerning serving liquor at an outdoor caf6 near a residential area. He wanted these establishments to be competitive; to encourage vitality in the downtown and at the same time he wanted people given the privilege of selling alcohol to understand that it is a privilege, not a right and that they have a responsibility to themselves and the City. He suggested more scrutiny was needed over businesses that hold liquor licenses. Council has not dealt with abuses, which are within the purview of the liquor commissioner. He agreed with the referral that there be a policy change to give the Council oversight capacity. First Assistant Corporation Counsel Herb Hill said they were talking about two or more categories. Council has authority to create a tiered segment of hours of operation for serving liquor at sidewalk cafes. The restaurant could have a 2:00 a.m. liquor license, but the sidewalk caf6 could stop serving liquor at say 11:00 p.m. The ability to maintain a liquor license, decorum and conduct of the licensee rests solely with the liquor commissioner. Alderman Bernstein said he was addressing the impact of liquor sales. Mr. Hill explained that the Council establishes a finite number of liquor licenses. The Mayor can issue a liquor license if one is available. If a liquor license is not available, the liquor commissioner cannot issue it. When the Council authorizes a new license it is not authorizing a license per se for business X, but is aware from the information provided that the liquor commissioner will issue that license. The Council has authority as to the number of liquor licenses but not the license to a particular entity. Mayor Morton pointed out that the Council has more control than they think. If they don't want an establishment to sell liquor, they can deny the license. The liquor commissioner has to certify that the people who operate these businesses are legitimate and checked by the police. Problems are something else. The law requires that certain somewhat extensive procedures be followed in the event of problems. They cannot shut down a business overnight. If they don't want liquor sold in a certain location, even though the liquor commissioner says the business is okay, Council can deny the license. July 26, 2004 Alderman Bernstein was concerned about abuses such as over serving, allowing intoxicated people to leave the establishment and that servers should stop serving before people get to that point. If servers are not doing it, the City has to step in. Council should create that authority. He favored granting this license to Bar Louie and urged those who come through the P&D Committee for an outdoor caf6 permit to adhere to all the ordinances. People come with a litter plan and the City has been remiss in enforcement. If the City lets outdoor cafes trash the neighborhood it is in part their fault, but nobody's tag has ever been pulled. There are obligations that must be met to maintain the vitality of downtown. Alderman Feldman wanted the City to control liquor consumption at outdoor cafes after 11:00 p.m. and saw the problem as issuing a liquor license, then losing control. He suggested it be within Council's power to establish conditions they find acceptable/unacceptable. He understood the liquor commissioner's powers are from the State of Illinois. He thought they could create a situation where abuse is not possible. Consuming alcohol outdoors in an increasingly residential area should not be allowed. He asked Mr. Hill if a condition of the liquor license, which places no restrictions on the premises and they are able to sell liquor on the premises after 11:00 p.m. --does that include serving at their outdoor cafe? Alderman Newman said there are three places with outdoor cafes. The 1800 Club operates an outdoor caf6 on its own property, not on the public way and is loud. He suggested that the A&PW Committee has to draw a line for Bar Louie, Tommy Nevin's Pub and the 1800 Club at what time alcohol consumption is confined to indoors. Restaurants near residential areas, such as Jacky's and Oceanique, are closed by 11:00 p.m. He thought these establishments should have a chance to respond to what the line should be. It cannot be 3:00 a.m. because it is not fair to nearby residents. He noted that Chipotle and Starbucks come in every year for littering. He thought they could say the licenses are for one year and they have to re -apply. Mr. Hill said the Council has to recognize the difference between a sidewalk caf6 license and a liquor license. The Council can put any limits it wants on a sidewalk cafe including hours of operation and can create an overlay ordinance regarding hours of service for liquor beverages. Alderman Newman wanted to know if they could make the liquor licenses effective for one year and require a renewal? Mr. Hill explained that once a liquor license is issued there has to be sound discretion not to renew the license. Mr. Hill suggested the way to control the effects of alcoholic consumption was through the sidewalk caf6 ordinance with a absolute time of operation. Mr. Hill said there is much more law and standards regarding the liquor license. Outdoor caf6 licenses could be made annual. Alderman Newman made a reference to the A&PW Committee to craft an ordinance regarding hours that alcoholic beverages can be served in outdoor cafes. Alderman Feldman understood if they pass this ordinance there would be no restrictions on outdoor cafes. If this is passed, could they come back and say that outdoor cafes could not serve alcohol after 11:00 p.m. Mr. Hill said that was correct. If the outdoor caf6 licenses are for one year, Council can make changes in the outdoor cafe ordinance. There is no capital investment and no expectation of continuance. Interim City Manager Judith Aiello stated that all outdoor cafe ordinances are renewed annually and are valid May to October. Whether they come to Council depends upon their location and whether they are a Type 1 or Type 2 restaurant that serves alcohol. Alderman Feldman suggested there was misinformation that the Council was able to withdraw a license because of poor behavior. He asked, if the liquor commission takes no action, was there anything the community or Council could do with this issue? Mr. Hill explained that Council can set a standard for revocation of the sidewalk cafe license that could be based upon the effects of alcoholic beverage consumption and resulting rowdiness and noise. They would not take action on the liquor license, only on the sidewalk caf6 license. They would say that their right to use the public sidewalk is revoked or suspended because of conduct they allowed to occur. Alderman Feldman said that Alderman Rainey cited cases in Chicago where votes were taken within precincts to have a dry or wet precinct and was that within their powers? Mr. Hill thought that Chicago had exceptions due to its size. He thought they had the power to give discreet neighborhoods the chance to vote something dry, but wanted to confirm that. Alderman Feldman understood that liquor licenses are given with the expectation that they would be renewed because people invest a lot of money and it is their business. He was frustrated with the inability of Council to regulate certain kinds of behavior. He confirmed with Mayor Morton that the process to revoke a license is quite involved. He asked if this liquor commission had ever revoked a license? No. Mayor Morton recalled a problem on Chicago Avenue where Alderman Feldman was involved. The owner there took his case to Civil Court, won and then closed the business. Mr. Hill said there were only two instances of suspending a liquor license here, which goes back many years. One was the Allen Center and one at NU. Through the City's enforcement mechanisms there have not been problems from July 26, 2004 drinking. The police don't have excessive numbers of arrests for underage drinking. Mayor Morton said there was a difference between revoking and suspending a license. The Mayor can suspend a license. Alderman Tisdahl confirmed that it was possible to vote in favor of Bar Louie's enhanced license and later to vote to restrict outdoor caf6 hours to serve alcoholic beverages. Alderman Rainey said that Council's authority is to make licenses available for the Mayor to issue. She asked if they could reduce the number of licenses available? Say they have ten 3:00 a.m. licenses and all are used. Can they legislate a reduction? Mr. Hill stated in the appropriate context, without singling out a particular entity, it is possible for the City to decide there are too many licenses and could go from ten to five (for example). The issue is which five are eliminated and the basis to do so --a difficult conundrum. Alderman Rainey said they needed to look to the strength of the liquor commissioner/commission that investigates people for licenses. Mr. Hill reiterated that the power to suspend or revoke a liquor license lies solely within the liquor commissioner. Alderman Rainey said, given the issues and potential for more impact, they add an hour to Bar Louie and, once given, have no control except over the outdoor caf6. Alderman Newman thought they could change the law and say that no establishment can have a 3:00 a.m. license and make it 1:00 a.m. across the board. He asked if they could require an establishment to file an annual report documenting the number of police calls, security personnel and underage drinking? Yes. Alderman Newman recommended they not approve Bar Louie that evening. He noted when this issue was raised before they did not have a good response. If they don't approve Bar Louie that evening, they and the Chamber of Commerce will start pushing to get it approved. He suggested that the A&PW Committee have a public hearing with all the 3:00 a.m. license holders to consider rolling back the hours. He said even though they are good people, they should not get an enhanced license until the outdoor cafe situation is under control. If they are kept waiting, they will complain and the City could develop a report that they have to file annually documenting police calls, security people they have and underage drinking. He reported at 1800 Sherman there was an all -campus party where police found 10-12 underage drinkers. The owners make a lot of money because they were given authority. They could have a public hearing to consider rolling back, have all the information, and all license holders would appear. No more licenses until they have the outdoor caf6s under control. Council is not obligated to extend hours. Alderman Newman moved to hold this over. Seconded by Alderman Rainey. Ordinance 79-0-04 — Decrease in Class B Liauor Licenses — Consideration of proposed Ordinance 79-0-04, introduced July 12, 2004, which amends Section 3-5-6(B) to decrease the number of Class B liquor licenses by one from 12 to 11 for Bar Louie, 1520 Sherman Ave. Alderman Newman moved to hold over. Seconded by Alderman Feldman. PLANNING & DEVELOPMENT: Ordinance 75-0-04 — Special Use — Tvpe Two Restaurant (1813 Dempster) — Consideration of proposed Ordinance 75-0-04, introduced July 12, 2004, which approves a recommendation of the Zoning Board of Appeals to grant a special use for a "coffee house" (Pick A Cup) at 1813 Dempster. Alderman Wynne moved approval of the ordinance as amended and received in their packets. She stated a further amendment was on page four, Section 3 (B) at the end of the second sentence add: "The applicant agreed that live music performances are limited to acoustic instruments such as pianos, guitars, and banjoes which produce their own sound and do not use sound amplifiers." Seconded by Alderman Bernstein. Motion carried. No nays. Alderman Rainey asked if there was discussion with the owner that there would be metal gating. No. The owner was present and stated she had a Brink's Security Alarm system installed with bars on the back windows. Alderman Wynne moved approval. Seconded by Alderman Bernstein. Roll call. Voting aye — Kent, Moran, Tisdahl, Rainey, Feldman, Newman, Wynne, Bernstein. Voting nay — none. Motion carried (8-0). Ordinance 65-0-04 — Zoning Planned Development: 801 Chica2o/525 Kedzie — Consideration of proposed Ordinance 65-0-04, which approves the findings and report of the Plan Commission 10 July 26, 2004 regarding granting a Planned Development at 801 Chicago/525 Kedzie. Alderman Wynne reported that the committee voted 4-1 to reject the Plan Commission's recommendation for the PUD. Alderman Wynne moved that the PUD be denied and that they reject the Plan Commission's recommendations. Seconded by Alderman Bernstein. Alderman Newman noted this has returned to the Plan Commission twice. The commission voted to approve it and the committee voted it down 4-1. All agreed that the architectural design was excellent. The neighbors are opposed and it has no chance of passing that evening. There were some indications among neighbors for continuing discussions. He wanted all aldermen present to vote on this; thought the project was not bad, but understood and respected the reasons the ward alderman opposed it. Alderman Newman moved to hold this over. Seconded by Alderman Moran. HUMAN SERVICES: Alderman Wynne announced a special meeting of the Planning & Development Committee on July 29 at 6:00 p.m. to address The Georgian and consider a recommendation and report from the Preservation Commission that The Georgian be declared a landmark building. CALL OF THE WARDS: SthWard. No report. 6th Ward. No report. 7th Ward. No report. 81h Ward. Alderman Rainey announced a meeting at the Levy Center on Thursday, July 29 at 7:30 p.m. about a new residential proposal for the eastern portion of the former Shure Bros. property. She found the conclusions of the Compensation Committee to be insulting and offensive; was personally hurt and has not felt that way by any action of the City, committee, board, commission or Council as she felt about that report. She recognized that Mayor Morton had asked aldermen to suggest somebody to serve on this committee and that she did an admirable job, but thought their decision was misguided. If it passes, she would not seek re-election. 9th Ward. No report. 1" Ward. Alderman Newman termed the Compensation Committee report bogus; disagreed about the way the members were appointed. Elected officials suggesting somebody to serve on this committee was not right in his opinion and he thought the report was released before the committee was actually appointed. He said the only meritorious thing this committee could find was that the one elected official who should get an increase was the Mayor because of time spent on liquor licenses. He thought they should have talked with aldermen about the number of telephone calls and time they take when projects go through their wards; reported spending three hours Sunday reading the transcript on The Georgian. He found the committee's recommendation ridiculous because it discriminated against elected officials and came up with a misguided principle that, if this was applied to city staff, somehow if somebody is married with a family, they get more compensation and a plan for those who use health insurance. He thought some have health insurance through District 65. He said if they took a single member of the Fire Department — would that person be paid more than a person with a family? If they implemented the plan that people with families are paid more, they would have to spend millions. He said if they wanted to do something interesting they (committee) should have talked to the current aldermen. The recommendation was to decrease compensation to officials with families. He called Millennium Park in Chicago fabulous and that investing in parkland can make a community better. He thought Millennium Park would be known around the world and that nobody would think about what was spent 15 years from now. He suggested Evanston should spend more on recreation. 11 July 26, 2004 He suggested the A&PW Committee recommendation about use of parkways for the 4d' of July parade was wrong because the City has a law that does not allow anything on parkways and that should be enforced. They were creating an exception to let people put out chairs and other things, which is illegal. People should come at 1:30 p.m. to see the parade. The law should not be changed for illegal conduct. Alderman Newman received documents about the Evanston/Northwestern Hospital building on Maple Avenue over the weekend and urged staff to study them carefully. He recalled the City built 146 parking spaces for that building with a principal cost of $3 million and $3 million in interest for a total of $6 million for parking spaces and the City will get $171,000 in property taxes annually from ENH for five more years. After 2008 that property will be off the tax rolls. Last year Evanston Hospital paid $839,000 in property taxes according to staff. Because of a mistake that was made and this is a non-profit organization, they were able to remove it from the tax rolls except for the City's piece which is 1/3 of the land parcel so taxpayers pay for ENH parking at that building. Nobody has ever figured out why this happened. This is Evanston Hospital getting a sale at the City coffers. ENH has $750 million in the bank and gets free parking. He recalled that Council members had the document for 48 hours before they voted on it. He brought this up because as he looked through the materials on The Georgian, it said that Mather LifeWays would put The Georgian and Mather Gardens on the tax rolls, which is an interesting claim. Mather LifeWays fought the City for years when they took over the Wagner. There was a covenant that the Wagner would be on the tax rolls at $400,000 a year. The City paid Jack Siegel a lot of money to win with a former CEO of Mather LifeWays. His point was could the City keep property owned by non-profit organizations on the tax rolls? Are the representations and claims made by Mather LifeWays actually enforceable? He suggested staff spend more time on this. He thought Mather LifeWays would come to the City in a few months and say that will add $1 million a year to the tax rolls and try to convince Council to vote for their planned development. He noted the City could not keep Evanston Hospital on the tax rolls. Mather LifeWays will continue to own properties on Hinman. They are a non-profit with CEOs who make a lot of money. He made a reference to the P&D Committee that staff compile a report on whether the Citv can keep a non-profit institution on the tax rolls. He said they have to get it right on Mather LifeWays. The CEO of Mather LifeWays will move on and a new CEO will challenge the tax exemption. Mayor Morton reported that Alderman Newman had implied that District 65 paid her health insurance. She explained that her husband had started her with Blue Cross -Blue Shield many years ago, which she has continued. District 65 has never paid her health insurance. Alderman Newman said he stood corrected on that point but thought she was on a mission regarding Council members receiving health insurance. He reiterated that the Compensation Committee, appointed by her, was wrong in their recommendation and should be rejected. Aldermen with families who serve on Council should not be subject to an attack because of the hard work they do. 2°d Ward. No report. 3rd Ward. Alderman Wynne invited all to the re -dedication of Kelly Tot Lot at the corner of Keeney and Michigan on Saturday, July 31, at 10:00 a.m. 4th Ward. No report. There being no further business to come before Council, Mayor Morton adjourned the meeting at 10:55 p.m Mary P. Morris, City Clerk A videotape recording of this meeting has been made Dart of the permanent record and is available in the Citv Clerk's office.