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HomeMy WebLinkAbout09_26_05_cc CITY COUNCIL September 26, 2005 ROLL CALL - PRESENT: Alderman Wollin Alderman Holmes Alderman Wynne Alderman Moran Alderman Bernstein Alderman Tisdahl A Quorum was present. Alderman Rainey NOT PRESENT AT ROLL CALL: Aldermen Hansen, Jean-Baptiste PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, September 26, 2005, at 9:20 p.m. in the Council Chamber. Special Order of Business Preservation Awards Carlos Ruiz, Preservation Coordinator, welcomed all and noted the awards program recognized seven projects for excellence in different categories. He introduced members of the Preservation Commission, Chairman Chris Carey, Jordan Cramer, vice chairman; Susan Rundle, secretary; Mary Brugliera, Ann Dienner, Stan Gerson, Emily Guthrie, Betsy Hohman and Thomas Prairie. He thanked volunteer jurors that spent time touring these homes: Phil Castillo, Elizabeth Patterson, Frederico Vidargas, Aleca Sullivan and Neal Vogel. The first category was Appropriate Design and New Construction. One house at 1010 Ridge Ave., built in 1998 received this award. The second category was Sensitive Addition or Alteration. The first house in this category was built in 1899 at 1112 Hinman Ave. and designed by Charles Ayars. The second house to receive an award in this category is at 2726 Sheridan Rd., designed by Ernest Mayo and built in 1912. The last award in this category is a home built in 1897, a Harry Bergen Wheelock house, at 1212 Greenleaf St. The third category was Proper Rehabilitation and Restoration: The first house in this category is at 325 Lake St. and the second home is at 217 Dempster St. built in 1890, designed by Burnham and Root The Margery Blair Perkins Award, which is given at the discretion of the jurors, was awarded to 1104 Michigan Ave., built in 1895 by W.K Johnson. This Queen Anne house was completely restored after a large fire. ANNOUNCEMENTS: Mayor Morton announced that Evanston was recognized by the Illinois Arts Alliance with the Illinois Arts Friendly Community Award for its efforts to support the arts in the community. Mayor Morton reported receipt of an official letter from the Commission on Accreditation for Law Enforcement Agencies stating that the Evanston Police Department had been re-accredited. Mayor Morton asked that aldermen who have announcements they want made on Council meeting nights submit them to staff and those announcements can be run on cable TV when Council meetings start later than 8:30 p.m. Mayor Morton announced that in the future, all persons who come into the Council Chamber must be seated. CITIZEN COMMENT: Virginia L. Beatty, 1509 Forest Ave., 40-year resident, spoke about the flagpole that was Evanston’s first public art project. In 1994, a committee recommended complete restoration. She suggested there be a budgeted item to take care of the flagpole and that perhaps when monies are allocated for public art that a percentage be set aside for its maintenance. Money for the flagpole restoration can be sent to the Evanston Community Foundation. To date, $4,000 has been collected. She invited Council members to hear a program on technical aspects of restoration. 2 September 26, 2005 Steven Cin, 1450 Sherman Ave., owner of 1450-62 Sherman Avenue and Tommy Nevins Pub, favored penalties and fines to violators of the law regarding underage persons. He was against the proposal that does not allow people under 21-years of age into establishments holding a B1 liquor license, which would put him at an unfair advantage. He employs 75 people who are dedicated to making sure underage persons are not served alcohol. They do extensive TIPS training and if somebody underage gets inside the bar area, the server questions them. Jill Sager, 614 Clark St., represented Northwestern Student government; stated they were against passage of Ordinance 87-O-05 because it would impact fund-raising capabilities. She stated that many Northwestern groups use the venues offered by the bars for philanthropic causes. Many include students who are not 21-years of age – most students are under 21. She noted that the Dance Marathon raises money this way and a fraternity was raising money for the Miracle Network. She felt the intention was good to try and reduce underage drinking but this was not an effective way to do it because of its impacts on students, the community and what people can give back to one another. Eric Metelka, 2249 Sheridan Rd., Risk/Management Chairman of the Inter-Fraternity Council for Northwestern University, spoke against adoption of Ordinance 87-O-05. The aim is to discourage underage drinking and he supported the increased fines and penalties to discourage underage drinkers. All bars are houses of regulation and if this ordinance is passed, that will be taken away. He deals with fraternities that register their parties; has to police and make sure things are under control and that safeguards are there to prevent underage drinking. The same applies to bars. Police can go there and people can be fined. He did not think there was a way to stop all underage drinking. But if people are moved to an off-campus party where there is no fee or somebody watching, bored students could go into the community and raise havoc. If students are forced to go outside the City and drive that will encourage drunken driving. The use of fake IDs would increase because people want to stay with their friends. Bars are safe and people are watching. Paul White/Rob Strom, 1219 Oak Ave./81 Williamsburg, co-owners of Prairie Moon at 1502 Sherman Ave., spoke against 87-O-05. About 20% of their business comes from private parties and they vehemently oppose anything that jeopardizes their ability to host private events. They host political rallies, non-profit benefits, Bar Mitzvahs, wedding receptions and family reunions. He thought all these events would be impacted by this ordinance and they would ultimately lose this business. They were not sure why Class B1 license holders were being targeted and he suggested 3:00 a.m. license holders were being discriminated against. Their strategies for security are: no persons under 21-years of age are allowed in the bar area after 10:00 p.m. unless there is a special event. Special events only occur for persons 18-years of age and over on Monday, Tuesday or Wednesday. On those evenings they have at least two extra security persons and people over 21- years of age are wrist banded and allowed to purchase one alcoholic drink at a time. Persons under 21- years of age are identified by security. Beverages that are non-alcoholic are in different containers than those that contain alcohol. Thursdays through Saturdays there are four extra security personnel. They comply with the Evanston Police Department and have Bassett training for all employees. They comply with random ID checks and with sting operations. They meet with the Police Chief regularly and do not want minors drinking alcohol in their establishment. They don’t believe revision to Ordinance 87-O-05 adequately addresses the problems of underage drinking and oppose it. There are misguided and pervasive impressions that people under 21-years of age are alcohol seeking childrem. That is not true. Currently they are hosting a philanthropic event that starts after 9:30 p.m. and one of two events they are hosting this week. They favor increasing fines for those who do not observe the law regarding alcohol service. Junad Rizki, 2784 Sheridan Rd., asked when City Council meetings have started on time. He suggested they change the starting time and tell the public the meetings start at 9:00 or 9:30 p.m. He noted this coming winter the price of natural gas will increase substantially and does the Council care. This winter when the poor and elderly have difficulty paying their bills, will Council care. It appeared to him that the City will have a windfall of up to half million dollars from utility taxes. Does Council want to refund this excessive taxation? Maybe it will be studied and brought to committee when winter is over. Tell the public the truth. This winter, in addition to higher natural gas bills, residents will be paying more utility tax to the City. Perhaps after the poor and elderly freeze in their homes, they can be given free beach tokens to keep cool during the summer. He urged Council to think about that. Lisa Kupferberg, 2911 Lincoln St., 20-year resident, came to discuss a variance she hoped would go before the ZBA the next evening, the third postponement due to a lack of quorum. They own a 20-ft power boat and launch from the Church Street Boat ramp. There are boaters in Evanston but no summer boat storage. For many years they stored their boat, 3 September 26, 2005 during the summer months only, at the Skokie Marina west on Church Street but during the summer of 2003 the Village of Skokie closed it. Since that time they have been unable to find a convenient location for summer boat storage that is secure. This has caused them to store their boat in their driveway for the past two summers, which has caused a neighbor, rightfully, to complain. Now they seek a variance to allow them to park their boat in their front yard. She asked Council to consider that there are boaters here who need storage and would they consider using the Recycling Center (outside area) or similar facility as a place to store boats during the summer or for year-round storage. She wants to be able to continue launching in Evanston, because part of living here is enjoying the lakefront. Ms. Kupferberg asked that Council consider amending the current Zoning Ordinance to allow for storage for summer months only. Ben Woo, 1709 Ridge Ave., Executive Co-Chair of Northwestern University’s Dance Marathon, is in its 32nd year and is the largest student-run philanthropy in the United States. Last year they raised more than $400,000 of which $30,000 was given to the Evanston Community Foundation. He spoke against passage of 87-O-05, which would drastically impact the Marathon and other philanthropic activities at Northwestern. The way their programs work is through bars, with a $5 charge at the door or at a private room. They will have a fund-raiser on October 24 at Prairie Moon, November 14 at The Celtic Knot and every Tuesday until March 2006 at 1800 Sherman. They favor increased fines and do not favor the revisions to 87-O-05, which will negatively impact student fundraising, student theater and special groups. People under 21 are not just looking for alcohol when they go to a bar. Peggy Tarr, 907 Sherman Ave., related that at the May 25 Evanston Human Relations Commission meeting she distributed copies of concerns about the use of the word “mutt” in a sign in the window of Hecky’s Barbeque and the possible violation of the Older Workers’ Act by harassment of older workers by an Evanston not-for-profit organization. She complained about treatment received by Human Relations Commission staff. She received a “no cause” decision and was not surprised. She said a diverse community such as Evanston needs a human relations department and recommended that the current executive director be removed from this position as soon as possible. Bill Gilmore, 2016 Sherman Ave., owns Bill’s Blues Club at 1029 Davis; favored increased fines and regulation for underage drinking; opposed 87-O-05. He does not deliberately break the law by selling alcoholic beverages to persons under age 21. Underage drinkers cause him nothing but problems and can cause him to lose his liquor license, which would cost him his business, insurance and liability issues that could result in even more serious losses. He noted virtually any under age person who wishes to consume alcohol knows what to do and that is to get their hands on a fake ID. This is not hard to do. The Internet is loaded with people selling phony IDs. Some are quite good but without access to a police computer, they are hard to catch. He may get fooled on some occasions by fake IDs. The only deterrent to use of these high quality fake IDs is to impose severe punishment on those caught using them. These people are breaking the law and deceiving him and other legitimate license holders. For people who don’t know how good fake IDs can be, he suggested Bassett or similar training. Dr. Albert Hunter, 1040 Elmwood Ave., asked Council to acknowledge all the people who participated in the West Evanston Plan and their 3-1/2 years of input and work. Three groups of people volunteered their time and effort to this task. The Plan Commission and he acknowledged John Lyman, a former Plan Commission member, who chaired the committee for the Neighborhood Plan. He acknowledged City staff from various departments, especially Susan Gudderly, Neighborhood Planner, who kept the ball rolling. To individuals in the City and various groups that participated throughout this long period, this was recognition of volunteers who legitimize the governance of Evanston. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with the following exceptions: Ordinance 88-O-05 – Increase Bid Limit; Ordinance 109-O-05 – Amendment to Real Estate Transfer Tax; Ordinance 87-O-05 – Liquor Control Regulations; Planned Development - 1567 Maple Ave.; Ordinance 117-O-05 – Affordable Housing Demolition Tax; and Ordinance 115-O-05 – Amendment to Preservation Ordinance. Seconded by Alderman Wynne. Roll call. Voting aye – Hansen, Wollin, Jean-Baptiste, Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey. Voting nay – none. Motion carried (9-0). * ITEMS APPROVED ON CONSENT AGENDA MINUTES: 4 September 26, 2005 * Approval of Minutes of the Special City Council Meeting of August 29, 2005 and the Regular City Council Meeting of September 12, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through September 22, 2005 and City of Evanston bills for the period ending September 27, 2005, authorized and charged to the proper accounts: City of Evanston payroll (09/22/05) $2,175,189.70 City of Evanston bills (through 09/27/05) $5,195,301.67 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from Workmaster (220 Graceland Ave., Des Plaines) in the amount of $78,089 for the Lagoon Building Exterior Rehabilitation Project. Funded by Capital Improvement Program funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the lowest responsive and responsible bid from G.E. Riddiford Company (2333 Hamilton Rd., Arlington Heights) in the amount of $110,329 for roof repairs at the Fleetwood-Jourdain Community Center. Funded by the CIP. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the professional services contract for Waters Consulting Group (2508 Dysart Rd., Cleveland) in an amount of $44,000, for Superintendent of Water & Sewer and Superintendent of Streets & Sanitation. Funded by the Water and General funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the professional services contract for architectural consulting services for Fire Station #5 (RFP) by the Muller& Muller Architect Firm (700 N. Sangamon, Chicago) in the amount of $290,269. Funded by the Capital Improvement Program fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of pre-qualified painting contractors for various City projects. Funding allocated in the FY 2005-06 budgets. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of pre-qualified consulting engineering firms for water main, sewer and street improvements. Funded by the Water Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of the proposal for engineering services from Gewalt Hamilton Associates, Inc. in an amount not to exceed $240,257.76 for water main, sewer and street improvements. Funded by the Water Fund. *APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * * * * * Resolution 54-R-05 – Top of the Tracks Lease – Consideration of proposed Resolution 54-R-05, which authorizes the City Manager to enter into a lease renewal for Top of the Tracks (coffee shop) for five years at the Central St. Metra Station; currently $481 monthly and increasing annually in the fifth year to $583. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 55-R-05 – Assuming Responsibility for the Temporary Closing of Sheridan Rd. for the NU Homecoming Parade – Consideration of proposed Resolution 55-R-05, by which City Council would accept liability for the temporary closure of Sheridan Rd. for the annual Northwestern University Homecoming Parade on Friday, October 28, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 56-R-05 – Debt Abatement – Consideration of proposed Resolution 56-R-05, which abates debt service property tax on bonds issued by the City in 1992. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) 5 September 26, 2005 * Resolution 57-R-05 – Debt Abatement – Consideration of proposed Resolution 57-R-05, which abates debt service property tax on bonds issued by the City in 1994. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 58-R-05 – Debt Abatement – Consideration of proposed Resolution 58-R-05, which abates debt service property tax on bonds issued by the City in 1995. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Resolution 59-R-05 – Debt Abatement – Consideration of proposed Resolution 59-R-05, which abates debt service property tax on bonds issued by the City in 1996. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 110-O-05 – Amends Various Sections of Title 3, Section 5 of the City Code Pertaining to Alcoholic Liquor – Consideration of proposed Ordinance 110-O-05, which increases the fine amount for underage drinking, use of false identification, parental responsibility and all other violations of the City’s Liquor Code to a minimum of $500 and a maximum of $1,000. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 111-O-05 – Amends Section 9-5-1(D) of the City Code Pertaining to Fines for Alcoholic Consumption and Possession on Public Property – Consideration of proposed Ordinance 111-O-05, which increases the fine for consumption or possession of alcoholic liquor on public property to a minimum of $500 and a maximum of $1,000. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 112-O-05 – Amends Title 3, Chapter 5 of the City Code Pertaining to Liquor License Responsibility – Consideration of proposed Ordinance 112-O-05, which establishes the licensee responsibility for any act of the licensee, officer, manager or employee for violations of the City’s Liquor Code. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 113-O-05 – Increase in Class D Liquor Licenses – Consideration of proposed Ordinance 113-O-05, which amends Section 3-5-6(D) of the City Code to increase the number of Class D liquor licenses from 23 to 24 with the opening of Cosi, Inc., dba Cosi, located at 1740 Sherman Ave. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 114-O-05 – Decrease in Class D Liquor Licenses – Consideration of proposed Ordinance 114-O-05, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 24 to 23 due to the closing of New Japan Oriental Café Inc., dba New Japan Oriental Café, located at 1322 Chicago Ave. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 116-O-05 – Decrease in Class D Liquor Licenses – Consideration of proposed Ordinance 116-O-05, which amends Section 3-5-6(D) of the City Code to decrease the number of Class D liquor licenses from 23 to 22 due to the closing of Aladdin’s Eatery of Illinois, LLC, dba Aladdin’s Eatery, located at 622 Davis St. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 106-O-05 – Declaration of Surplus Property – Consideration of proposed Ordinance 106- O-05, introduced September 12, 2005, which declares City items as surplus property so that said items can be offered for sale at a municipal auction in Libertyville, Ill., on October 1, 2005. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * West Evanston Neighborhood Plan: Plan Commission’s Recommendation – Consideration of a recommendation from the Plan Commission to adopt the West Evanston Neighborhood Plan. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) 6 September 26, 2005 HUMAN SERVICES COMMITTEE: * Approval of September Township Monthly Bills – Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of September 2005 in the amount of $91,400.13. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) OTHER COMMITTEES: * Ordinance 102-O-05 – Adoption of Tax Increment Redevelopment Plan & Project for West Evanston TIF – Consideration of proposed Ordinance 102-O-05, introduced September 12, 2005, which approves a tax increment redevelopment plan and redevelopment project for the Dodge Ave. and Church St. Redevelopment Project Area. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 103-O-05 – Designating the Redevelopment Project Area for the West Evanston TIF – Consideration of proposed Ordinance 103-O-05, introduced September 12, 2005, which designates the Dodge/Church Redevelopment Project Area pursuant to the tax. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Ordinance 104-O-05 – Adoption of Tax Increment Allocation Financing for the West Evanston TIF – Consideration of proposed Ordinance 104-O-05, introduced September 12, 2005, which adopts tax increment allocation financing for the Dodge Ave. and Church St. Redevelopment Project Area. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) APPOINTMENTS: Mayor Morton asked that the following appointments be introduced: Leah Callaghan Arts Council 707 Reba Pl. Dwayne Willoughby Arts Council 1856 Sherman Ave. Chris G. Robuck Board of Ethics 1730 Hinman Ave. Audrey Soglin Kihm Civil Service Commission 1202 Church St. Carol Mullins Commission on Aging 1107 Michigan Ave. Hazel Dixon Commission on Aging 2006 Dobson St. Sue E. Sinnamon Housing Commission 820 Grey Ave. Jean Keleher Housing Commission 841 Grey Ave. Christopher Stewart Library Board 1206 Dewey Ave. 7 September 26, 2005 Susan Stone Library Board 1320 Wesley Ave. Douglas W. Geyer Mental Health Board 811 Chicago Ave. Amina DiMarco Playground & Recreation Board 1041 Ridge Ct. Adrienne Traisman Public Art Committee 2312 Thayer St. Mark Tendam Sign Review & Appeals Board 2448 Lincolnwood Dr. Stanley J. McConner, Jr. Zoning Board of Appeals 1015-B Davis St. Ronald Nayler Zoning Board of Appeals 2428 Payne St. * APPROVED - CONSENT AGENDA Mayor Morton asked that the following reappointments be introduced: Blair Laden Commission on Aging 1864 Sherman Ave. Sara Ashmore Diggs Housing Commission 2014 Dodge Ave. Lisa M. James Housing & Community Development Act Committee 801 Monroe St. Lyn Delli Quadri Public Art Committee 2321 Thayer St. * INTRODUCED – CONSENT AGENDA REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Ordinance 88-O-05 – Increase Bid Limit – Consideration of proposed Ordinance 88-O-05, which increases the bid limit from $15,000 to $25,000. Alderman Rainey reported the committee did not support increasing the bid limit and moved to have this item removed from the agenda. Seconded by Alderman Tisdahl. She explained the committee felt that bids in the $15,000 to $25,000 range could come from small, minority owned Evanston businesses. Those who supported not increasing the bid amount felt the more information the committee has the better and wanted to keep more oversight. Staff argued in favor of increasing the bid limit because more than 98% of all items over $15,000 would still come because they are over $25,000.Alderman Wollin supported raising the bid limit; noted that staff has a clear indication that this Council is determined to include minority and local businesses. 8 September 26, 2005 Alderman Moran saw this as an effort to ease the movement of smaller contracts under $25,000 without coming to Council for approval; agreed that staff understands that it is the policy of Council to promote minority and Evanston based businesses. He thought Council could be advised in a report of successes and failures in minority and local businesses contracts in the range of $15,000-$25,000. The great benefit is to cut down on the number of instances requiring full Council approval on smaller contracts. Alderman Rainey said that spending the public’s money is not always an efficient process and should not be. She asked Council members to recall any contract bid between $15,000 and $25,000 in the last year. She could not. They were talking about 2% of contracts. Continuing to review those 2% would not interrupt or drag out any process. With Council oversight of these, there is more incentive to search out minority/women and Evanston businesses. She noted recently an Evanston business was aced out of even bidding. City Manager Julia Carroll spoke about why staff brought this forward. The current bid limit has been in place for some time. When considering policy, they have to look at what is important not only in administratively but also the policy aspect of the cost of goods and services, which has gone up 80% since the state statute was introduced. The committee did not find this argument valid. At the state level the bid limit went from $10,000 to $20,000 and Evanston has been in excess by $5,000 for several years. The rationale was to take the state number, which as a Home Rule community, Evanston does not have to abide by, but tack on $5,000. Staff believes there is some timed implementation, cost to advertise and cost preparing these bids. Council is loud and clear on the policy to promote minority/women and local businesses and every effort is made to do that. She suggested going to the $20,000 state limit if the $25,000 is not appropriate. Alderman Jean-Baptiste supported removing this from the agenda. As well meaning as staff is, he recalled a period of 10 years when no African American was hired in the Fire Department which had to be called out. There have been instances when local businesses have not been given the consideration they deserved. Many live side by side with local business owners and should be sensitive to them. Many minority and women owned businesses are not large enough to compete with larger companies. He understood the efficiency staff seeks, but there is a level of equity some are trying to protect. Roll call. Voting aye – Hansen, Jean-Baptiste, Holmes, Rainey. Voting nay – Wollin, Wynne, Bernstein, Moran, Tisdahl. Motion failed (4-5). Alderman Rainey asked that Ordinance 88-O-05 be marked introduced and referred back to the committee. Ordinance 109-O-05 – Amendment to Real Estate Transfer Tax – Consideration of proposed Ordinance 109-O-05, which amends Section 3-29-6(K) of the City Code pertaining to real estate transfer tax exempt transactions. Alderman Rainey asked that this item be marked introduced and referred back to the committee. Ordinance 87-O-05 – Liquor Control Regulations – Consideration of proposed Ordinance 87-O-05, introduced September 12, 2005, which amends Section 3-5-11 (E & F) of the City Code regulating the presence of persons under the age of 21 at certain licensed liquor establishments. Alderman Rainey moved approval of Ordinance 87-O-05. Seconded by Alderman Wynne. Alderman Rainey explained that, under this ordinance, in any establishment that has a separate bar, any person under age 21 may go with their parents at midnight for dinner if they are in the dining area, but may not go into the bar. This includes any establishment that does not have a 3:00 a.m. license. Persons under 21 may not go with their parents to the bar and order food. There was concern expressed that the restaurant industry would be destroyed because of the five B1 licenses. This ordinance means that B1 license holders: Tommy Nevin’s Pub, the 1800 Club, Bill’s Blues Bar, The Keg and Prairie Moon are where people under 21 do not go after midnight. Some bar owners ridiculed this and others took offense that anybody would think they were serving alcoholic beverages to persons less than 21 years of age. Some bar owners say there is no way they can avoid serving children less than 21 years of age because fake ID cards are so perfect. She was concerned about people under 21 being served whose ID was a library card; restaurateurs who see a real 19-year 9 September 26, 2005 old ID and serve alcohol anyway. She did not think any student would take their parents to The Keg at midnight for dinner. Bill’s Blues Bar would not be able to serve dinner at midnight. The word “food” does not appear on Bill’s Blues Bar’s website. She fought for Bill’s Blues Bar, wanted it to have a W license that did not require them to serve food. However, Bill’s Blues Bar has violated the law on numerous occasions and Prairie Moon, which does the best they can, has violated the law. She stated this ordinance should be supported because everything should be done to make certain that people are healthy; could not understand opposition to this. When the Northwestern University student government came to the A&PW Committee meeting and said the City was going to interfere with their fund-raising activities, she did not want to do that .She thought how they could exempt the fund-raisers but found that those events are held twice a week and it was overwhelming to have fund-raisers two nights a week. There was no way to accept that. The community expends money on policing these bars. Recently 17 people were ticketed at Los Palmas for underage drinking. Alderman Rainey did not think the restaurant industry would be destroyed here because of this ordinance. Alderman Rainey recalled that the Dean of Students at Northwestern University supported this ordinance 100%. Opposition to this is from bar owners and students. One student said if they did not allow underage patrons in bars until 3:00 a.m. that kids would get bored and go out into the community and wreak havoc. These are the responsible people they are suggesting be allowed in bars until 3:00 a.m. She did not think that view represented the student community accurately and that underage students in bars until 12:00 midnight is late enough. She pointed out with the Prairie Moon approach of constant vigilance, that any student can pass a drink to another regardless of the cup color. She noted on Northwestern University’s Student Government website all restaurants are listed and given stars. On almost all, important information is provided and Los Palmas is where they go to get underage Margueritas. Don’t go to The Keg because it is loaded with high school students. It is an interesting roadmap to getting drunk in Evanston if one is under 21. She noted 190 tickets for underage drinking were issued in an 18-month period. Of that number, 140 were fines with $170 a week collected. For this, the City spends thousands of dollars having police officers checking IDs and going to these bars. It was time for the responsibility to be given to these license holders and after 12:00 midnight they don’t let the kids in. There is nothing good about underage drinking. Alderman Wollin said nobody supports underage drinking. When they discussed this ordinance two weeks ago, she amended it from 11:00 p.m. to 12:00 midnight; noted it is not just these five restaurants/bars that they need to be careful about – it is all restaurants that serve liquor. She thought the Liquor Commission has the right idea to increase fines to $500 and the responsibility should be with the person who is trying to violate the law by using a fake ID, than on restaurant owners. Restaurant/bar owners have a responsibility to do the best they can and also are subject to an increased fine that can go up to $1,000. She suggested owners in violation more than once receive a more severe fine with each passing violation. She thought there were some activities that university students have with music and bands that is attractive if is off-campus and they need to be sensitive to that. She has spoken with University officials, who are tough on students with citations. The cooperation is excellent. Singling out these five places is ineffective. Alderman Rainey clarified that she did not single out the five B1 license holders -- staff did. Perhaps it was done to make it exclusive. She said they need to look at the 3:00 a.m. licenses because these people are treated specially and are not abiding by the ordinance. They must be able to provide a meal as long as they are serving alcohol. One cannot order food at midnight and the City has ignored that -- it is not being checked. She said it was a sad state of affairs to have this many violations in such a short period. They are not coming close to collecting what they should be getting. When party cops are in one establishment, they cannot be in another. The fines are okay but she did not think they would mean anything, especially to an establishment, because these owners are getting rich. What they do is jeopardize the profitability of other restaurants, by having opportunities to serve underage people. Alderman Bernstein opposed this because he did not think it would work. He is appalled by underage drinking and has said the City allows too much to go on. Having a liquor license is a privilege, not a right. He recalled a liquor license holder who acknowledged serving 19 underage people and walked out after paying a $250 fine. To him, “revocation” should come into play. He favored the increase in fines but that would not stop the problem. It is difficult to monitor. There are certain establishments here that make their living from selling alcohol to underage persons and it has to be stopped. Charging fines when they are caught is not enough. He thought they had to explain to the restaurant community that have liquor licenses, that if they don’t follow the rules, they won’t be allowed to serve liquor. That is not within the 10 September 26, 2005 purview of this Council. Another concern with this ordinance is enforcement. He said there has been no hearing on whether liquor was the cause of a death in an establishment where the owner promised to do better 13 months ago. The culture they must address is to tell people that they may lose their right to sell liquor if they violate the law. Alderman Jean-Baptiste said a young man was shot and killed in an Evanston bar at 2:00 a.m., which made them all think about what is going on in establishments that serve liquor. He did not know why underage people have to be in bars. Since some reasons have been advanced for them such as fund-raisers, he suggested they add an exception and require students to apply for a fund-raiser in one of these establishments. That way everybody is on notice that underage people would be in bars. He noted that none of these establishments have paid a price for violations that have occurred. The intent is to control underage people and to take into consideration the interests of the students who use these places for cultural events. For that reason he asked this ordinance be held over. Seconded by Alderman Rainey. Mayor Morton noted that she is the liquor commissioner and has to adhere to the regulations of the State of Illinois. She was not happy with naming business establishments on the Council floor. She clarified that the incident in a restaurant where a young man was killed had nothing to do with drinking alcohol or underage drinking and could have happened anyplace. This matter was considered by the Liquor Commission and the decision was to propose increased fines, which were introduced that evening. Alderman Rainey made a reference to the A&PW Committee to consider elimination of the 3:00 a.m.liquor license. PLANNING & DEVELOPMENT: Planned Development - 1567 Maple Ave. - Consideration of the Plan Commission’s recommendation to deny a planned development at 1567 Maple Ave., which would consist of 126 condominium units and first floor commercial space for Winthrop Properties. Alderman Bernstein reported the committee, by an 8-0-1 vote, moved to deny the recommendation of the Plan Commission. With that the committee would like this referred back to committee with preparation of an ordinance to allow construction of the 1567 Maple Avenue building. Alderman Bernstein moved this item be removed from the agenda. Seconded by Alderman Moran. Voice vote, motion carried. Ordinance 117-O-05 – Affordable Housing Demolition Tax – Consideration of a staff recommendation to adopt the demolition teardown tax that would require a $10,000 tax for all single- family homes demolished, $10,000 for two family attached (townhouse) and two family structures, and for multi-family, $10,000 or $3,000 per unit, whichever is greater. Alderman Bernstein reported that this item was held in committee. Ordinance 115-O-05 – Amendment to the Preservation Ordinance – Consideration of a staff recommendation that will require the Preservation Commission to complete its review and render a final decision within 60 days from the first public meeting or hearing on all applications including: certificates of appropriateness, landmark and historic district nominations, plan developments, certificates of economic hardship, zoning and fence variances, special uses, nominations to the National Register of Historic Places, review and comment on City projects or activities affecting landmarks and historic districts and subdivision or consolidation. Alderman Bernstein reported that this item was held in committee. CALL OF THE WARDS: 9th Ward. No report 1st Ward. Alderman Wollin announced a meeting on Wednesday, 6:30 p.m. at Chandler/Newberger Center to discuss 11 September 26, 2005 bus routes in Evanston. 2nd Ward. Alderman Jean-Baptiste congratulated all for adopting the TIF ordinances for Evanston’s West Side and the West Evanston Neighborhood Plan. He thought Betty Ester captured it best when she said that it was important to stay on top of this to make sure this is a good and positive experience and that the vision be implemented. He hoped they could benefit from Alderman Wynne’s monitoring and processing work on Chicago Avenue and in the next 3-½ years be known as the Council that turned Church/Dodge around. 3rd Ward No report 4th Ward. Alderman Bernstein also thanked volunteers and appreciated their good work on the Neighborhood Committee. The P&D Committee commended Assistant Planning Director Dennis Marino and Neighborhood Planner Susan Gudderly for their contributions to the neighborhood plan. He announced that Wes Calamese died and would be missed. Mr. Calamese was formerly a security officer at District 65. 5th Ward. Alderman Holmes extended her sympathy to the Calamese family. She thanked Council for passing the West Side plan and the TIF and also thanked staff for their work. The 5th ward will work hard to make it happen. She congratulated the African-American Health Ministry for its first spiritual walk – a 1.3 mile walk from Faith Temple Church to First Church. 6th Ward. Alderman Moran announced that Wednesday, October 5 there would be a meeting related to potential rezoning of the west Central Street commercial district. The meeting will be facilitated by John LaMotte of the Lakota Group. It was scheduled for 7:00 p.m. at the North Branch Library, but they will transfer it to Northminister Church. The exact location will be posted. 7th Ward. Alderman Tisdahl extended her sympathies to Wes Calamese’s family. She reminded all that the Ecology Center’s Duck Pluck fund-raiser would take place at 3:00 p.m. Saturday at the Dawes Park lagoon. 8th Ward. Alderman Rainey sent condolences to Wes Calamese’s family saying that he made a big difference. He was a wonderful friendly man. There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 11:15 p.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made part of the permanent record and is available in the City Clerk’s office.