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Session 1588, M_inlltes Page 6 April 12, 1993 USE OF ACKERT/E~_MAR AREA FC~ OUTDfKIR DINING The City Manager said Brandt's and Fitz Bottling ~ sukmitted a joint proposal to use City-owned land adjacent to Aakert Walk for outdoor dining. B~-dndt's would use the area ~t of the walk for about six umbrella ~hles, while Fitz's would use land west of the walk, adding landscaping and a hard cleanable surface for the eating area. Both restaurants have a~=~ed to clean and maintain the area. Fitz has ~ to po~t~x~ne cc~c~ of the ap- proved terrace on the west side of their building, which would have reduced parking. They would also like to have oo~ional enter~{nment. Mr. Ollen- dorff said he ccexAlrs in the Park C~m...~-~sicm and Planning Department recc~- mendatic~ to approve, subject to ccelditic~s that the restaurants maintain the area, collect the trash, suitably store outdoor furniture in the off season, and that paving and plant materials he approved by the Park Director. He said the Special Business District has asked that this matter be held over to the next Council meeting so they may d~-~ass it at their meeting ~n April 13. Mr. Sc_hocmer suggested that Council discuss this and make a reoaLu~endation. He moved approval, and Mr. Price seconded the motion. Mayor Majerus had two concerns--the type and loudness of musical entertain- ment, and litter. She sugg~cte~__ adding a condition that if litter beccmes a problem, approval will be rescinded. Mr. Wagner shared tba Mayor's concern about late night music. He asked the applicants to ccme forward. Mr. Michael Alter, Fitz's Restaurant, said Brandt's made the request to have music in the park area, but if it is ap~, they would establish a time frame for enterta~, and the type of musk. Mr. Schocmer suggest_~__ that entertainment c~-~e at 10 p.m. and he limiting__ to acoustical instruments. Mr. Ollendorff sugges~a having two separate condi- tions, with c~e stating there should be no an~Dlified music after 10:30 p.m. Mr. Schocener felt it should be stricter; if found to be a hardship, it may be made more lenient. Mayor Majerus a~ed. Mr. Schocmer was asked to s~m~mrize Park CumLdssion discussion regarding pri- vats use of park land. He said there was concern that approval might violate the Charter amerament that prohibits any (Ahange in park use without a vote; however, no fees are involved and there have been similar uses in the past, so most felt the amendanent did not affect this [huposal. Mr. Ollendorff said most of the p~uperty in question is not part of Ackert Park, although it is publicly owned. It w-as notea_ that food sold by businesses at the Market in the Loop is eaten on public prc~merty. Mrs. Sdmaman favored trying this pro- posal, adding that if approvad now, Mr. Ollendorff should find out if the Special Business District has any concerns. He said he will specify that mu- sic be non-amplified after 10:30 p.m. In resixmlse to Mr. Wagner, he said Council always has the option of adding ccraiticr~ if prublem~ erisa. All voted Aye except Mr. Price, who voted Nay. Tna motion carried five to One.