HomeMy WebLinkAbout10.01.12
SPECIAL CITY COUNCIL MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
2100 RIDGE AVENUE, EVANSTON 60201
COUNCIL CHAMBERS
Monday, October 1, 2012
6:00 p.m.
ORDER OF BUSINESS
(I) Roll Call – Begin with Alderman Wilson
(II) Citizen Comment (15 minutes)
(III) Special Orders of Business
(SP1) Ordinance 105-O-12, Increasing the Number of Class T Liquor
Licenses Permitting Issuance to Smylie Bros. Restaurant and
Brewery, 1615 Oak Ave.
Staff recommends adoption of Ordinance 105-O-12. This ordinance was
introduced at the September 24, 2012, City Council meeting.
For Action
(SP2) Options to Encourage Police Officers and Firefighters to Live in
Evanston
Reference from Alderman Holmes.
For Discussion
(SP3) Status of Police Compliant Investigations Given Expedited Greenwell
Investigation
Update from Chief Eddington.
For Discussion
(IV) Adjournment
Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil.
Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to
ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please
contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the
accommodation if possible.
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For City Council meeting of October 1, 2012 Item SP1
Ordinance 105-O-12: Increase Class T Liquor Licenses for Smylie Brothers
For Action
To: Honorable Mayor and Members of the City Council
From: W. Grant Farrar, Corporation Counsel
Theresa Whittington, Administrative Adjudication & Liquor Licensing
Manager
Subject: Ordinance 105-O-12, Increasing the Number of Class T Liquor Licenses
Permitting Issuance to Smylie Bros. Restaurant and Brewery
Date: September 7, 2012
Recommended Action:
Staff recommends adoption of Ordinance 105-O-12. This ordinance was introduced at
the September 24, 2012, City Council meeting.
Funding Source:
N/A
Summary:
Ordinance 105-O-12 amends Subsection 3-5-6-(T) of the Evanston City Code of 1979
(“City Code”), as amended, to increase the number of Class T liquor licenses from zero
to one to permit issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave.
Smylie Brothers Brewing Co., LLC, submitted an application and supporting
documentation for a Class T license and the background check for shareholder Michael
Smylie revealed no criminal record.
Legislative History:
On August 23, 2012, the Liquor Control Review Board met and voted to recommend an
increase in the number of Class T liquor licenses to permit issuance to Smylie Bros.
Restaurant and Brewery.
Attachments:
Ordinance 105-O-12
Application
Minutes of August 23, 2012 Liquor Control Review Board meeting
Memorandum
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9/7/2012
105-O-12
AN ORDINANCE
Amending City Code Subsection 3-5-6-(T) to Increase the Number of
Class T Liquor Licenses from Zero to One
(Smylie Brothers Brewing Co., LLC d/b/a
Smylie Bros. Restaurant and Brewery, 1615 Oak Ave.)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Section 3-5-6-(T) of the Evanston City Code of 1979, as
amended (“City Code”), is hereby further amended by decreasing the number of
Class T liquor licenses from zero (0) to one (1), to read as follows:
(T) CLASS T licenses, which shall authorize the retail sale of beer in combination
brewpub restaurants, which beer is brewed by the licensee at any of its
designated premises in a brew pub for consumption on or off the licensed
premises and the sale of alcoholic liquor excluding beer for consumption on the
premises where sold. Notwithstanding any of the foregoing, the on-premises
consumption of beer and other alcoholic liquor is permitted only in the restaurant
area. No class T license may be granted to, or retained by, an establishment in
which the facilities for food preparation and service are not primarily those of a
"restaurant", as defined in Section 3-5-1 of this Chapter. Establishments holding
class T licenses must have some food service available when alcoholic liquor,
including beer brewed at any of the licensee's designated locations, is being sold.
Class T licenses authorize retail sales of beer for off-premises consumption only
in original packages to persons of at least twenty-one (21) years of age, class T
licenses shall be issued only to premises located within the core area.
Each class T license shall be subject to the following conditions:
1. It shall be unlawful for a class T licensee to sell a single container of beer
for off-premises consumption unless the container is greater than or
equal to forty (40) fluid ounces or 1.18 liters.
2. Beer purchased in original packages for consumption off the licensed
premises shall not be consumed in the restaurant. All beer sold for
consumption off the premises shall be placed in a paper or plastic bag
prior to its delivery to the purchaser.
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105-O-12
~2~
3. It shall be unlawful for the holder of a class T license to offer for sale at
retail any beer in original packages for consumption off the premises
where sold before the hour of ten o'clock (10:00) a.m., or after the hour
of ten o'clock (10:00) p.m., on Monday through Thursday; before the
hour of ten o'clock (10:00) a.m., or after the hour of eleven o'clock
(11:00) p.m., Friday and Saturday; and before the hour of twelve o'clock
(12:00) noon and after the hour of ten o'clock (10:00) p.m. on Sunday.
4. The combination brewpub restaurant must have a valid brew pub license
from the State of Illinois for the brewing of beer.
The annual fee for such license shall be . . . . . $7,500.00
The total fee required hereunder for renewal applicants electing to make
semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this
Chapter, shall be . . . . . . . . . . . . . . $7,875.00
No more than zero (0) one (1) such licenses shall be in force at any one (1) time.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid application of this
Ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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105-O-12
~3~
Introduced:_________________, 2012
Adopted:___________________, 2012
Approved:
_________________________, 2012
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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Final
Page 1 of 3
Liquor Control Board
MEETING MINUTES
Liquor Control Board
Thursday, August 23, 2012
11:00 a.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750
Members Present: Byron Wilson and Elizabeth Tisdahl
Members Absent: Patrick Hughes, Marion Macbeth, Richard Peach
Staff Present: W. Grant Farrar and Theresa Whittington
Others Present: David Skrodzki, Michael Smylie, Edward J. Kus, Adam Mutolo, Irene
Bahr, Niki Mohrlant
Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor
Call to Order
The Local Liquor Control Commissioner Tisdahl called the meeting to order at 11:00
a.m. All attendees introduced themselves and specified his/her role related to the
meeting.
NEW BUSINESS
Smylie Brothers Restaurant and Brewery
Smylie Brothers Brewing Co.,, LLC dba Smylie Brothers Restaurant and Brewery, 1615
Oak Avenue, Evanston, IL 60201 owner Michael Smylie was present.
Mr. Smylie explained his business plan to open a 200 seat restaurant featuring craft
beer. The restaurant will offer American regional dishes such as barbeque and pizza.
The restaurant and brewery will occupy the entire 8,400 square feet of the former Illinois
Unemployment Office that has sat vacant for the past two years.
Mr. Smylie was born in Evanston and has lived on the north side all of his life. He was a
commodities trader for ten years. Five years ago, he sold his business and attended
school to become a chef and restaurant manager. He has spent the past five years
working at various restaurants throughout the city and north side. He feels these efforts
have put him in am advantageous position to make this project a success. He describes
this venture as his project of passion.
He anticipates that at least 60% of revenue will come from the sale of food in the
restaurant. He describes the core demographic for the restaurant and brewery as
educated professionals above the age of 25.
The Local Liquor Control Commissioner asked the members if there were any concerns
over Mr. Smylie’s request. No concerns were voiced. The board recommends issuing
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Final
Page 2 of 3
Liquor Control Board
a Class T Liquor License to be introduced at the City Council meeting on September 24,
2012.
Trader Joe’s
Trader Joe’s East, Inc. dba Trader Joe’s, 1211 Chicago Ave., Evanston, IL 60202
Attorney Edward Kus of Shefsky & Froelich and Trader Joe’s Regional Vice President,
Adam Mutolo were present.
Mr. Kus explained that the store would be located at 1211 Chicago Avenue and will be
approximately 13,000 square feet. 2,000 sq. ft. will be dedicated to the sale of beer and
wine. Mr. Mutolo explained that Trader Joe’s has been trying to find an opportunity in
Evanston for a long time and is excited that a location has been decided on.
The Local Liquor Control Commissioner asked if the store layout has been presented to
the Chief of Police for review. Mr. Mutolo was not sure if the Police Chief has reviewed
the layout. He explained that Trader Joe’s has its beer and wine displayed at the end of
the store experience near the checkout counters and management office area. Grant
Farrar will forward copy of layout to the Evanston police department.
The Local Liquor Control Commissioner asked the members if there were any concerns
over Mr. Kus’ and Mr. Mutolo’s request. No concerns were voiced. The board
recommends issuing a Class O Liquor License to be introduced at the City Council
meeting on September 24, 2012.
Whole Foods Market
WFM-WO Inc., dba Whole Foods Market, 1111 Chicago Ave., Evanston, IL 60202 Irene
Bahr, outside Liquor Counsel and Nicki Mohrlant Store Manager were present.
Ms. Bahr explained that Whole Foods currently holds a class O license. Whole foods
Market is interested in selling organic and specialty sprits and would like to upgrade its
existing class O license to a class N. Ms. Mohrlant explained that the spirits will be
located in a 3 by 6 foot area located between registers five and six, behind the point of
purchase.
The Local Liquor Control Commissioner shared a concern on behalf of Alderman
Melissa Wynne. Alderman Wynne is concerned about increased truck traffic in the area.
Ms. Mohrlant responded that she did not foresee increased truck traffic as posing an
issue in the area. Deliveries are only received in the back of the store between the
hours of 7 a.m. to 1 p.m. any vendor delivering spirits would have to adhere to that
same policy. Ms. Mohrlant anticipates delivery of spirits from one to two vendors. The
Local Liquor Control Commissioner suggested that Whole Foods Market contact the
Alderman and discuss the truck delivery issue prior to the matter going to City council.
Grant Farrar asked for clarification on which locations are seeking an upgrade. Ms. Bahr
explained that Whole Foods Market is only seeking a an upgrade to Class N for its
location at 111 Chicago Avenue.
Local Liquor Control Commissioner asked the members if there were any other
concerns over Ms. Bahr’s and Ms. Mohrlant’s request. No concerns were voiced. The
board recommends issuing a Class N Liquor License to be introduced at the City
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Final
Page 3 of 3
Liquor Control Board
Council meeting on September 24, 2012, contingent on Whole Foods Market discussing
the truck traffic issue with Alderman Wynne.
Karaoke Establishment
A Karaoke establishment reached out to former Liquor Licensing Manager, Wendy
McCambridge. Prior to this meeting, the establishment was contacted and it withdrew its interest
in seeking a liquor license at this time.
ADJOURNMENT
The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth
Tisdahl/Mayor at 11:27 p.m., August 23, 2012.
Respectfully Submitted,
Theresa Whittington
Administrative Adjudication/Liquor Licensing Manager, Legal Department
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For City Council meeting of October 1, 2012 Item SP2
Sworn Public Safety Residency Incentives
For Discussion
To: Honorable Mayor and Members of the City Council
From: Godwin Chen, ICMA Fellow
Subject: Sworn Public Safety Residency Incentives Report
Date: September 28, 2012
Recommended Action:
Staff recommends that the City Council accept the Sworn Public Safety Residency
Incentives Report (Attachment A).
Funding
N/A
Background
The attached report has been prepared in response to a request from the City Council
at their September 10, 2012 meeting. The request was to explore incentives that could
increase residency among the city’s sworn public safety employees in an effort to
improve familiarity with the City of Evanston’s neighborhoods and its residents.
Research into this topic reveals that municipalities primarily pursue financial incentives
in the way of “Live Near Your Work” (LNYW) homeownership assistance programs
(hereafter referred to as “Programs”). These Programs provide financial assistance
towards the purchase of a home within the municipality. Additionally, these Programs
sometimes have restrictions on who is eligible to participate and the types of properties
that could be purchased through the Programs. The attached report discusses these
characteristics in greater detail.
Attachments
A. Sworn Public Safety Residency Incentives Report
Memorandum
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Sworn Public Safety Residency Incentives
Introduction
On September 10, 2012, the City Council requested a report investigating incentives
used to increase residency among sworn public safety employees within their
municipality. The supposed aim of this measure is to improve familiarity among public
safety employees with the city’s neighborhoods and its residents. Pursuant to this
request, staff has researched residency incentives in the way of “Live Near Your Work”
(LNYW) programs (hereafter referred to as “Programs”). These Programs focus almost
exclusively on financial assistance for homeownership. This report shares findings from
the following aspects of these Programs:
Homeownership Incentives
Borrower Qualifications
Property Qualifications
The aforementioned aspects of Live Near Your Work Programs are discussed in greater
detail below.
Findings
Homeownership Incentives
Down payment assistance
Reduced mortgage interest rates
Reduced settlement and administrative costs
Homeownership incentives are provided primarily through down payment assistance
and/or reduced mortgage interest rates. Forgivable loans for down payment assistance
range from $1,000 to up to $5,000 where local, county and state levels of government
contribute matching funds. In certain municipalities, down payment assistance can be in
excess of $5,000 where partnerships with other local employers exist to attract public
and private employees to reside in the city. Another type of down payment assistance is
a 0% interest loan that is not payable until sale, transfer of title, refinance or thirty-years
from the date of the note’s expiration.
Funds for these Programs are typically allocated on an annual basis and awarded on a
first-come-first-serve basis or through a lottery when the number of applicants exceeds
the available funding. Awards from the Programs are distributed until funds are
exhausted and re-allocated in the following year.
Reduced mortgage interest rates are an alternative to, or sometimes used in
conjunction with, down payment assistance. Municipalities will typically partner with their
existing banking service providers and outline terms of a Program in their contracts.
Programs, which are sometimes partially funded by a portfolio of investments through
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the banking institution, require employees to acquire their mortgage from the bank as
well as enroll in an automatic mortgage payment program. Additional benefits to the
employee may take the form of reduced settlement and other administrative costs.
Borrower Qualifications
Full-time/sworn employees
Income restrictions
Primary residence
Qualifying applicants for Live Near Your Work Programs must be a full-time employee
of the municipality or sworn in the case of public safety employees. Income restrictions
for the participation in the program vary by municipality. For example, one municipality
requires that income of borrowers be at or below 80% of median income as determined
by U.S. Department of Housing and Urban Development. Other municipalities have no
income restrictions at all. However, all Programs stipulate that borrowers must either be
a current renter or not be a current resident of the municipality to participate in the
Program. Additionally, some examples require that borrowers cannot own any other
property. In all examples the property they are acquiring must become their primary
place of residence.
Property Qualifications
Residential zoning requirements
Purchase price limits
Targeted neighborhoods
Property restrictions exist in some Live Near Your Work Programs. For example,
properties eligible for purchase through Live Near Your Work Programs cannot exceed
a certain purchase price and must fulfill specific zoning requirements (i.e. single family,
condo unit, etc.). Purchase prices are typically evaluated on an annual basis and
adjusted for market changes. Additionally, some municipalities confine their Program to
certain geographic areas in an effort to revitalize targeted areas while other
municipalities avail the Program to the entire city while adding additional incentives to
targeted areas. This strategy addresses two goals by incentivizing residency while
revitalizing targeted neighborhoods.
Summary
Without resorting to residency requirements, municipalities have met success in
attracting employees to reside in their communities through the use of financial
incentives. These incentives are provided through mortgage down payment assistance
and reduced interest rates negotiated with the assistance of their employer. Increased
rates of residency among public safety employees may lead to improved familiarity with
neighborhoods and residents, thereby improving public safety.
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For City Council meeting of October 1, 2012 Item SP3
Update on Police Complaint Investigations
For Discussion
To: Honorable Mayor and Members of the City Council
From: Richard Eddington, Chief of Police
Subject: Status of Police Complaint Investigations
Date: September 25, 2012
Recommended Action:
Consideration of attached memorandum from Chief Eddington
Memorandum
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