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HomeMy WebLinkAbout10_10_05_cc CITY COUNCIL October 10, 2005 ROLL CALL - PRESENT: Alderman Wollin Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen A Quorum was present. NOT PRESENT AT ROLL CALL: Aldermen Jean-Baptiste, Moran ABSENT: Alderman Wynne PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton Monday, October 10, 2005, at 5:05 p.m. in the Aldermanic Library. Alderman Bernstein moved that Council convene into Executive Session for the purpose of discussing matters related to litigation and closed session minutes pursuant to 5ILCS Section 120/2 (c) (11) and (21). Seconded by Alderman Tisdahl. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye – Wollin, Jean-Baptiste, Bernstein, Holmes, Tisdahl, Rainey, Hansen. Voting nay – none. Motion carried (7-0). At 7:00 p.m. Alderman Bernstein moved that the Council reconvene into open session and recess. Seconded by Alderman Rainey. Motion carried unanimously. Mayor Morton reconvened the City Council meeting at 8:55 p.m. in the Council Chamber. Mayor Morton proclaimed October 15-23 “Arts Week Evanston” ANNOUNCEMENTS: City Manager Julia Carroll announced that the aldermen and mayor were invited to meet with the consultants conducting the search for a new superintendent of Evanston Township High School on October 18, 7:30 p.m., at the high school. Health & Human Services Director Jay Terry announced that the Commission on Aging would co-sponsor an information seminar on Medicare D and state-sponsored prescription drug programs on Friday, Oct. 14 from 1:30 -3:30 p.m. at the Levy Senior Center, 300 Dodge Ave. For more information call the Commission on Aging 847-866-2919. Public Works Director David Jennings announced that leaf collection would begin Monday, October 17 and encouraged residents to place leaves into Kraft paper bags or yard-waste carts. Leaves are not to be raked or blown into the street. Gasoline-powered leaf blowers are permitted now through December 16. Bundled limbs and brush are collected once a month during leaf season. There is yard waste drop off at the Recycling Center on Oakton St., on Friday from noon to 7:00 p.m. and Saturday and Sunday from 8:30 a.m. to 5:00 p.m. Composting leaves on one’s own property is the most environmentally friendly method of disposal. 2 October 10, 2005 Fire Chief Alan Berkowsky announced that National Fire Prevention Week is October 9-15, 2005. This week firefighter s will visit schools and talk to children about fire prevention. He reported that for the second year the Evanston Fire Department had received the Life Safety Achievement award for no fire deaths. He urged all citizens to make sure their smoke alarms are in working order on every floor and in every bedroom. Finance Director Bill Stafford reported on donations on behalf of Hurricane Katrina survivors. Evanston firefighters have collected $13,600 and the employee payroll donation deduction plan and other sources have raised $6,800. Human Relations Executive Director Paula Haynes and Police Chief Frank Kaminski gave awards to volunteers who worked on behalf of the CommUNITY Picnic. Ms. Haynes recalled nine years ago the Human Relations Commission and the Police Department joined forces to create an event to celebrate the diversity of Evanston and wished to acknowledge people who have played a significant role in the picnic. Nancy Bailey was recognized for serving nine years on the committee to obtain free food. Ms. Haynes thanked the Kiwanis Club of Evanston, which provided the food and cooked it this year and last. David Davenport and Paul Schmidt accepted the award. Ms. Haynes thanked Cook County Commissioner Larry Suffredin, who got the Jesse White Tumblers to perform; thanked the Mt. Zion Missionary Baptist Church choir, which has performed at every picnic. Reverend Spurlock accepted the award. She also thanked Mustak Hira of Subway, who donated 1,500 sandwiches. CITIZEN COMMENT: Don Zeigler, 1430 Elmwood Ave., member of the Evanston Substance Abuse Council and Deputy Director of the American Medical Association’s Office of Alcohol and Drug Abuse, supported the four ordinances amending the liquor code; recommended on 87-O-05 that the hour regulating minors be moved back from 12:00 midnight to 11:00 p.m. While there are no bars in Evanston, he noted that some establishments convert to bars in the late evening. Dining is secondary, if at all. ID checks are more difficult and allowing minors in makes it easy for underage persons to drink. It sends a message to younger kids that it is okay to be in a bar. Limiting underage persons from entering bars is one of the most effective ways to address underage drinking. He supported the ordinance to increase fines for consumption and possession of alcohol on public property and the ordinance that establishes the licensee’s responsibility for any act of the licensee, officer, manager or employee for violations of the City’s liquor code. He suggested the fines should be higher and increased for continued violations. He also supported the ordinance that increases fines for the use of false IDs and parental responsibility. He thought this was the weakest of the four ordinances. Merely holding minors responsible for seeking alcohol was too weak. These ordinances are endorsed by the Evanston Substance Abuse Council. They also support mandated training for alcohol servers and establishment owners. He recommended that the sale of alcohol be limited to 11:00 a.m. to 1:00 a.m. Sunday through Saturday. Frank Senn, 1015 Florence Ave., pastor of Immanuel Lutheran Church at Lake/Sherman in downtown at the end of one of the restaurant rows, noted the law is that alcoholic beverages are not to be sold to persons under age 21. The drinking age was 18 when he attended college in the 1960s, but perhaps change has been for the better. There is plenty of documentation that suggests raising the drinking age has been good for everyone since the pre-frontal cortex of the brain, which functions in making judgments, is only reaching full development in the early 20s. He recognized this law is difficult to enforce because some youth are adept at making fake IDs. Evanston also seems to have establishments that flout the law as news reports indicate. Some kind of measures need to be adopted to make it more difficult for youth to hang out in restaurants that also functions as bars after 11:00 p.m. and to discourage these restaurants from serving youth. Families should not be prevented from being out late. Making allowances for youth under 21 who are with parents/guardians is a good compromise. He urged passage of the ordinances. Junad Rizki, 2784 Sheridan Rd., said they should talk about the Council and Mayor’s qualifications to override the decisions of qualified board members in zoning, planning and historic preservation. He was certain that Mr. Nayler, as an architect, could understand architectural drawings and the impact of new construction on adjoining property. He recalled the Mayor had discussed the integrity of an applicant and opined that the integrity of an applicant has nothing to do with zoning Tonight they will discuss Maple Avenue condominiums. It appears the ZBA has denied this request, yet the Council is going to override it. Most on Council are lawyers and he was certain that none could visualize the impact and environment of a tall building on a neighborhood. Chicago Avenue is a good example. The decision on the Civic Center 3 October 10, 2005 is coming soon. Will this Council disapprove it as a historic building? Probably. The plans he has seen for this site will no doubt destroy it and make this neighborhood a visual ghetto. He knows some Council members are against the natural environment because they voted against the elm trees. He does not know how they stand for the visual environment in this community. He has repeatedly said that there is no sound urban design for this community. Sara Christensen, 906 Davis St., program chair of the Evanston Substance Abuse Prevention Council, seconded Don Ziegler’s comments. The Council supports an ordinance that would prevent anybody under 21 to be in establishments with a B or B1 class license after 11:00 p.m. The best prevention research suggests, to successfully curb underage drinking, a comprehensive approach is needed. Regulation and enforcement of the minimum drinking age is a difficult environment now in Evanston where the distinction between a restaurant and a bar is blurred. It is difficult to detect fake IDs and she has received numerous reports of establishments failing to check these altogether, even when presented with a driver’s license that indicates the person is under 21. The Council urged this ordinance be passed and made three other recommendations to the Liquor Control Commission: impose strict administrative penalties on retail licensees for violations of sales to minors and increased severity for repeated offenders and mandatory participation in server training by all B1 license holders and preventing sale of alcohol from 1:00 a.m. through 11:00 a.m. Sunday through Saturday. Robert Atkins, 2005 Orrington Ave., president of the Northwestern Neighbor’s Board, reported the organization unanimously opposed Ron Nayler’s nomination to the Zoning Board of Appeals. They believe this appointment presents substantial conflicts of interest that would disqualify him from serving on this board. Mr. Nayler’s recusal from hearing matters brought or opposed by the University is inadequate to fully cure the nominee’s numerous conflicts of interest. Given Mr. Nayler’s responsibilities for development and land use issues, including Northwestern’s expected efforts to expect zoning relief from the ZBA, it would be unseemly and a violation of Section 1-10-C-4e of the Ethics Code if Mr. Nayler was permitted to be directly or indirectly involved in the presentation of Northwestern’s case before ZBA colleagues and staff. Apparently the Ethics Board agrees. While the board has not yet issued its formal, written advisory opinion in response to Alderman Rainey’s request at its hearing earlier that day, the board concluded that not only should Mr. Nayler be barred from hearing Northwestern’s cases before the ZBA, but the Ethics Code bars Mr. Nayler from participating in or assisting in the presentation of any Northwestern case before the ZBA. Additional conflicts demand attention. For example, Mr. Nayler should be barred from asking for a zoning analysis for Northwestern or interpretation from the Zoning Division. As a member of ZBA, his contact with City staff and fellow ZBA members could also provide him with inside information, not otherwise available to others, giving the appearance of impropriety. It would be difficult for Mr. Nayler to carry on his duties in an impartial manner should a developer seeking zoning relief also happen to be a substantial Northwestern donor or potential donor. Even Mr. Nayler’s rulings in non-precedent cases could establish precedents that could unfairly assist Northwestern to the detriment of residential homeowners. He urged that this nomination be tabled until the Ethics Board has issued its formal advisory opinion. Judy Fiske, 2319 Sherman Ave., asked Council to table the appointment of Ronald Nayler to the ZBA until the Board of Ethics can make a final determination regarding the extent of the conflict that his appointment would create. The Ethics Board should be allowed to finish its investigation given the extensive record that already exists regarding Mr. Nayler’s position on local zoning issues. It benefits the City to have a full and impartial review of the record before the Council takes further action. The question of conflict is a practical issue and is not intended to cast aspersions on Mr. Nayler’s obvious qualifications or Northwestern University. It is appropriately up to the Board of Ethics and ultimately Council to review the record and weigh the conflict against what best serves the citizens of Evanston. Citizen involvement in land use issues in Evanston is high. She can think of a dozen people who are qualified to serve, if only they were asked. She asked for a motion to table this nomination. (Mayor Morton asked Ms. Fiske to contact those willing to serve on a board, committee or commission and have them apply.) Mary Senn, 1015 Florence Ave., supported the agenda items on liquor control regulations, specifically the ordinance limiting access to bars for persons under 21 years of age and suggested the time be moved back to 11:00 p.m. She supported the ordinance that increases the fine to license holders liable for violations in their establishment. She suggested the maximum fine go higher than $1,000. This is something, regrettably, that this community needs to do. Eli Wolf, 634 Foster St., the last taxpayer on his block, read a quotation from “The Concise Law Encyclopedia” regarding conflict of interest. “A situation in which a person has a duty to more than one person or organization but 4 October 10, 2005 cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual’s personal interest or concerns are inconsistent for the best for a customer or when a public official’s personal interests are contrary to his or her loyalty to public business. An attorney, an accountant, a business advisor or a Realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts. He/she must avoid co-mingling funds with the client and never take the position adverse to the customer.” He asked Council to table the nomination of Mr. Nayler to the ZBA. Mike Rothschild, 2425 Payne Ave., spoke on the Ron Nayler appointment. Noted many journalism students were present and said the issue is between the taxpayers and Northwestern University. He alleged there is massive poverty here when one-third of the students in District 65 qualify for school lunches. In Illinois property taxes pay for everything in the schools. Northwestern’s purchase of 1800 Sherman and removal of $1 million annually in property taxes is the latest in a string of actions by the University. Northwestern does not pay for its services, but the taxpayers do. He urged students to find out who the largest taxpayers are in New Haven, CT and Cambridge, MA. He told Council that Fair Share will not feel betrayed whatever they do, as that time has past. He urged them to retract this unfortunate nomination. Kate Mahoney, 2538 Gross Point Rd., thanked Council for looking at liquor issues, the safety of youth and the community; thanked the Liquor Control Commission, which has spent time considering ways to improve public safety. She also thanked the Police Department for its hard work in doing compliance checks to protect the community. She hoped they could limit access to persons under 21 to 11:00 p.m. She stated they need to be careful about what happens late at night in some establishments in downtown Evanston that turn into bars; need to look at what kind of image they want for the community, safety and the noise factor as people leave bars late at night. She urged that people under 21, accompanied by parents, be allowed to do what their parents decide. She was glad they were looking at increasing fines. As director of PEER Services, she would be pleased to provide more education to youth and parents; urged that liquor sellers be mandated to take the Bassett Program at the Police Department and that fines be increased for repeat offenders. Mimi Peterson, 748 Wesley Ave., spoke about the appointment of Ron Nayler. She was encouraged by Alderman Rainey’s reference to the Ethics Board on this nomination and asked Council to hold off on any decision until the advisory opinion is rendered. She recently met with Mayor Morton and Dave Ellis about this and was disappointed in the Mayor’s response. 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; Ordinance 118-O-05 - Planned Development - 1567 Maple Ave.; and ZBA appointment confirmation – Ronald Nayler. Seconded by Alderman Rainey. Roll call. Voting aye – Wollin, Jean-Baptiste, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen. Voting nay – none. Motion carried (8-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of September 26, 2005 and the Special City Council Meeting of October 1, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through October 6, 2005 and City of Evanston bills for the period ending October 11, 2005, authorized and charged to the proper accounts: City of Evanston payroll (10/06/05) $2,126,332.12 City of Evanston bills (through 10/11/05) $7,140,102.28 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) 5 October 10, 2005 * Approval of the purchase of 325 trees from the Suburban Tree Consortium and Beeson’s McHenry County Nursery (8501 White Oaks Rd., Harvard) in the amount of $73,030. Funded by the General Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the lowest responsive and responsible bid from Continental Construction (1919 Greenwood St, Evanston) in the amount of $33,000 for the Fleetwood-Jourdain Gym Window Wall Renovation. Funded by 2005-06 CDBG funds. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Approval of the sole-source purchase of parking meter equipment from Duncan Technologies (340 W Industrial Park Rd., Harrison, AK) in the amount of $257,650 to accommodate the rate increase in all non-downtown two-hour zones. Funded by the Parking Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * * * * * Resolution 60-R-05 – Cal Ripken, Sr. Foundation Grant Application – Consideration of proposed Resolution 60-R-05, which authorizes the City Manager to sign the FY 2005-06 Cal Ripken, Sr. Foundation Grant Application to obtain grant funds for renovation of the baseball/softball field at Mason Park. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 61-R-05 – Debt Abatement – Consideration of proposed Resolution 61-R-05, which abates debt service property tax on bonds issued by the City in 1997. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 62-R-05 – Debt Abatement – Consideration of proposed Resolution 62-R-05, which abates debt service property tax on bonds issued by the City in 1999. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 63-R-05 – Debt Abatement – Consideration of proposed Resolution 63-R-05, which abates debt service property tax on bonds issued by the City in 2000. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 64-R-05 – Debt Abatement – Consideration of proposed Resolution 64-R-05, which abates debt service property tax on Series A and B bonds issued by the City in 2002. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 65-R-05 – Debt Abatement – Consideration of proposed Resolution 65-R-05, which abates debt service property tax on Series C bonds issued by the City in 2002. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 66-R-05 – Debt Abatement – Consideration of proposed Resolution 66-R-05, which abates debt service property tax on bonds issued by the City in 2003. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 67-R-05 – Debt Abatement – Consideration of proposed Resolution 67-R-05, which abates debt service property tax on bonds issued by the City in 2004. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 68-R-05 – Debt Abatement – Consideration of proposed Resolution 68-R-05, which abates debt service property tax on bonds issued by the City in 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 69-R-05 – Retirement Health Savings Plan for Senior Management Staff – Consideration of proposed Resolution 69-R-05, which authorizes the City Manager to implement a Retirement Health Savings Plan for senior management staff with ICMA-RC utilizing the VantageCare 6 October 10, 2005 Retirement Health Savings Plan. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Resolution 70-R-05 – Intergovernmental Agreement for the Maintenance of Municipal Streets – Consideration of proposed Resolution 70-R-05, which authorizes the City Manager to sign an agreement with the Illinois Department of Transportation (IDOT) for a ten-year intergovernmental agreement for the maintenance of municipal streets. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) * Ordinance 108-O-05 – Amends the Composition of the Emergency Telephone System Board – Consideration of proposed Ordinance 108-O-05, which amends Section 2-12-2 of the City Code, relating to the composition of the Emergency Telephone System Board. * MARKED INTRODUCED – CONSENT AGENDA * 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, introduced September 26, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * 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, introduced September 26, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 113-O-05 – Increase in Class D Liquor Licenses – Consideration of proposed Ordinance 113-O-05, introduced September 26, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 114-O-05 – Decrease in Class D Liquor Licenses – Consideration of proposed Ordinance 114-O-05, introduced September 26, 2005, 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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) * Ordinance 116-O-05 – Decrease in Class D Liquor Licenses – Consideration of proposed Ordinance 116-O-05, introduced September 26, 2005,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. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (8-0) 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 $94,297.23. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (8-0) APPOINTMENTS: Mayor Morton asked that the following reappointment be introduced: 7 October 10, 2005 Mary Friedl Commission on Aging 1313 Cleveland St. Mayor Morton asked that the following appointments be confirmed: Leah Callaghan Arts Council 707 Reba Pl. For term ending October 30, 2008 Dwayne Willoughby Arts Council 1856 Sherman Ave. For term ending October 30, 2008 Chris G. Robuck Board of Ethics 1730 Hinman Ave. For term ending October 30, 2008 Audrey Soglin Kihm Civil Service Commission 1202 Church St. For term ending October 30, 2008 Carol Mullins Commission on Aging 1107 Michigan Ave. For term ending October 30, 2008 Hazel Dixon Commission on Aging 2006 Dobson St. For term ending October 30, 2008 Sue E. Sinnamon Housing Commission 820 Grey Ave. For term ending October 30, 2008 Jean Keleher Housing Commission 841 Grey Ave. For term ending October 30, 2008 Christopher Stewart Library Board 1206 Dewey Ave. For term ending October 30, 2008 Susan Stone Library Board 1320 Wesley Ave. For term ending October 30, 2008 Douglas W. Geyer Mental Health Board 811 Chicago Ave. For term ending October 30, 2009 Amina DiMarco Playground & Recreation Board 1041 Ridge Ct. For term ending October 30, 2010 8 October 10, 2005 Adrienne Traisman Public Art Committee 2312 Thayer St. For term ending October 30, 2008 Mark Tendam Sign Review & Appeals Board 2448 Lincolnwood Dr. For term ending October 30, 2008 Stanley J. McConner, Jr. Zoning Board of Appeals 1015-B Davis St. For term ending October 30, 2010 * APPROVED - CONSENT AGENDA Mayor Morton asked that the following reappointments be confirmed: Blair Laden Commission on Aging 1864 Sherman Ave. For term ending October 30, 2008 Sara Ashmore Diggs Housing Commission 2014 Dodge Ave. For term ending October 30, 2008 Lisa M. James Housing & Community Development Act Committee 801 Monroe St. For term ending October 30, 2008 Lyn Delli Quadri Public Art Committee 2321 Thayer St. For term ending October 30, 2008 * 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 amended the ordinance to change the bid limit of $25,000 to $20,000 and made a motion to that effect. Seconded by Alderman Jean-Baptiste. Voice vote, motion carried unanimously. Alderman Jean-Baptiste moved the ordinance be amended to include a quarterly report from staff on the number of contracts let up to $20,000. Seconded by Alderman Rainey. Voice vote, motion carried unanimously. Alderman Rainey moved approval of 88-O-05 as amended. Seconded by Alderman Tisdahl. Roll call. Voting aye – Wollin, Jean-Baptiste, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen. Voting nay – none. Motion carried (8-0). 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 9 October 10, 2005 transfer tax exempt transactions. Alderman Rainey reported that the committee requested that staff prepare an ordinance that repeals the exemption granting property trades. From now on trades will be subject to the transfer tax. Alderman Rainey moved this item be removed from the agenda. Seconded by Alderman Bernstein. Voice vote, motion carried unanimously. 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 Tisdahl. Alderman Rainey explained that the original draft barred persons under 21 from being in a bar after 11:00 p.m. and was difficult to enforce according to Police Chief Kaminski. His concern was that if a family was dining at 10:45 p.m., people would have to leave the establishment at 11:00 p.m. The ordinance was then amended to 12:00 midnight. She asked Chief Kaminski to speak about if this change was made? Chief Kaminski said when he wrote his August 23 memo, the original proposal was to limit all under 21 after 11:00 p.m. and there was no provision for parental involvement. The officers’ concern was if they got a lot of out of town people in restaurants, how would they distinguish between parents dining with their under 21 age student and others. He wanted to be sure they were fair on the interpretation. With the later time he thought they could enforce this law. Alderman Rainey noted there are five restaurants with B1 licenses (close at 3:00 a.m.) and about 85 restaurants that do not have B1 licenses and believed that training should be required. Alderman Rainey spoke about Prairie Moon serving minors, which happened a second time when a bouncer was fired for serving underage persons. She was told that bouncer had received Bassett training that day. The way to keep alcohol from children is not to allow them into an establishment where it is served. She was surprised that people under 21 are allowed into bars; noted this community reveres its substance abuse and mental health programs. When those organizations come to aldermen and tell them this is the way to assist them in controlling substance abuse, they will keep funding them and honor their request. Alderman Bernstein said that fines and retribution, other than pulling a license, is nothing to some bar owners. He still believed this ordinance would be difficult to enforce, despite Chief Kaminski’s endorsement. He had a fax from the Police Department about a sting operation on October 6 where an underage person accompanied by a plainclothes officer went to 19 liquor establishments and was served liquor in four by presenting a valid license showing his/her age as below 21. The Keg was one. To get a liquor license, the licensee must prove they have no prior convictions. But if they are to believe the allegations in this report, once somebody has a liquor license they will never lose it. If he were a bar owner, he would pay the occasional fine if caught selling to minors. He apologized to Tommy Nevin’s Pub, which has a B1 license and has never been cited. If they can do it, why cannot others do it? There is a consistent pattern that is created by places such as The Keg that probably make their living from selling alcohol to underage drinkers. How can they continue to let this happen? He recalled The Keg was fined for selling to underage persons and the owner promised not to continue that practice, then there was a murder there. They still don’t know whether alcohol played a role in that crime. He recognized that fake IDs are sophisticated; wanted to bring in Tommy Nevin’s Pub to see what they do, granted they have a segregated area with a restaurant and a bar. All the ordinances that they can pass won’t help if establishments are allowed to sell to minors. Alderman Rainey said the problem of differentiating people is almost impossible; revisited the now cleansed ASG restaurant website and noted the 1800 Club is advertised as the place for fake IDs and Las Palmas as the place for underage Margueritas. People don’t go to The Keg because there are too many high school kids. She regretted that The Daily Northwestern reported she criticized ASG’s website, because she got a lot of information from it. In a college town it is best to restrict people from under 21 going into a bar and she encouraged support for this ordinance. Alderman Tisdahl was going to oppose this due to enforcement, but changed when the Chief Kaminski said they could enforce it. She stated it still remains a basic problem to keep people under 21 out of bars and that somebody will have to check IDs, which seems to be the area where they are failing. She has heard many stories of people under age 21 being 10 October 10, 2005 served in Evanston. Alderman Bernstein asked the meaning of the parental responsibility section. Management & Budget Director Pat Casey said that referred to parental responsibility when children under 18 violate the ordinance. Alderman Jean-Baptiste recalled that student organizations hold fundraisers and should be given a process to use these establishments to allow students under 21 to participate in those events. He suggested they amend the ordinance and add after the word guardian “or any person permitted by the liquor administrator as an attendee of a special fund-raising event.” Seconded by Alderman Bernstein. Mr. Casey said putting this in creates confusion and advised that staff review this. Alderman Bernstein thought that Prairie Moon was concerned about losing revenue. Mr. Casey noted that clarification made enforcement easier for the police. Alderman Jean-Baptiste withdrew the amendment and suggested they work something out and bring it back in the future. Alderman Rainey supported an alternate license for fundraisers. She thought some way could be found to accommodate fundraisers from time to time. Roll call. Voting aye – Wollin, Jean-Baptiste, Bernstein, Holmes, Tisdahl, Rainey, Hansen. Voting nay – Moran. Motion carried (7-1). 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, introduced September 26, 2005, which establishes the licensee responsibility for any act of the licensee, officer, manager or employee for violations of the City’s Liquor Code. Alderman Rainey moved approval of Ordinance 112-O-05. Seconded by Alderman Moran. Roll call. Voting aye – Wollin, Jean-Baptiste, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen. Voting nay – none. Motion carried (8-0). PLANNING & DEVELOPMENT: Ordinance 118-O-05 - Planned Development - 1567 Maple Ave. - Consideration of proposed Ordinance 118-O-05, the Planning & Development Committee’s recommendation for a planned development at 1567 Maple Ave., which would consist of 126 condominium units and first floor commercial space for Winthrop Properties. Alderman Bernstein asked that this item be marked introduced and referred back to the committee. (Alderman Bernstein would abstain from voting due to a possible conflict of interest.) APPOINTMENTS: Alderman Rainey moved that Ronald Nayler’s Zoning Board of Appeals nomination be tabled until the November 14 Council meeting or an earlier meeting where they have the Board of Ethics opinion on this. Voice vote, motion carried. CALL OF THE WARDS: 1st Ward. Alderman Wollin announced a reception from 2-5:00 p.m. at Fountain Square this coming Sunday for the murals around Sherman Plaza. The Public Arts Committee is coordinating this event and refreshments will be served. 2nd Ward. No report 3rd Ward No report 4th Ward. Alderman Bernstein announced a Civic Center meeting on Wednesday, October 19, at 7:00 p.m. at the Civic Center. 11 October 10, 2005 He sent condolences to Judith Aiello and Maury Fantus on the tragic loss of their granddaughter. 5th Ward. No report 6th Ward. Alderman Moran noted that Otto Schreiber had passed away recently. Mr. Schreiber was a letter carrier in Evanston and coached baseball. Alderman Moran wished to recognize his family for his contribution to this community. He noted the recent passing of Gail Curry, who was a neighbor and friend. She contributed to the community through the Invest organization in the schools, Next Theater and scouting with her late husband Fred. She has four children that live in the area and he was sure they would carry on the legacy of their parents. 7th Ward. Alderman Tisdahl announced a 7th Ward meeting on Tuesday, November 8 from 7-8:30 p.m. in Room 2200, Civic Center. 8th Ward. No report 9th Ward. Alderman Hansen reported she held her first Town Hall meeting recently at the Levy Center and was pleased that at least 70 people attended. She thanked City staffers Doug Gaynor, David Jennings, Vince Jones, Carla Bush and Officer Whitehead for coming. Mayor Morton asked aldermen to pass any announcements they want put on cable to the City Manager’s office. There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 10:38 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.