Lake County Gazette

City of Highland Park Committee of the Whole met July 10.

Here is the minutes provided by the Committee:

Call to Order:

At 4:31 p.m., Mayor Rotering called the meeting to order and asked for a roll call.

Roll Call:

Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman

Members Absent: None

Mayor Rotering declared a quorum was not present.

Staff Present: Ghida Neukirch, Ramesh Kanapareddy, Rob Sabo, Paul Shafer, Emily Taub, Ashley Knaus

Also Present: Corporation Counsel Steve Elrod

Approval of Minutes:

A. Regular Meeting of the Committee of the Whole – June 26, 2017

Councilman Stolberg moved to approve the minutes from the regular meeting of the Committee of the Whole held on June 26, 2017, as amended. Councilwoman Stone seconded the motion.

On a voice vote:

Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman

Voting Nay: None

Mayor Rotering declared the motion passed unanimously.

Closed Session:

Councilman Blumberg moved the Committee close its meeting to the public, pursuant to the following cited sections of the Illinois Open Meetings Act (5 ILCS 120/2(c)), for the purpose of discussing i) approval of closed session minutes (5 ILCS 120/2(c)(21)); ii) employment matters (5 ILCS 120/2(c)(1); and iii) setting price to sell or lease property (5 ILCS 120/2(c)(5)). Councilwoman Stone seconded the motion.

On a roll call vote:

Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman

Voting Nay: None

Mayor Rotering declared the motion passed unanimously.

At 4:33 p.m., the Committee recessed the public portion of the meeting to meet in Closed Session.

At 6:21 p.m., Mayor Rotering reconvened the open session of the Committee of the Whole Meeting.

Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman

Members Absent: None

Staff Present: Ghida Neukirch, Joel Fontane Ramesh Kanapareddy, Julie Logan, Rob Sabo, Carolyn Hersch, Andy Cross, Karl Burhop, Ashley Knaus

Also Present: Corporation Counsel Steve Elrod

Scheduled Business:

Lighting Code Follow-Up-

Mayor Rotering stated there was a lot of information presented by staff and asked that the conversation focus on Dark Sky provisions related to government and business buildings; what the Dark Sky provisions would entail; and if a majority of the Committee wanted to move forward with reviewing Dark Sky policies.

Community Development Director Fontane presented information on an update to the lighting code as a follow-up to the September 2016 Committee of the Whole meeting.

Mayor Rotering stated that it was the understanding that regulations were not to be pursued for residential.

Mayor Rotering and Councilman Holleman discussed lighting regulations on residential with lighting zones and voiced concern of legislation being discussed that was not part of the previous Committee of the Whole meeting.

Councilman Holleman discussed that the information staff was adding to the lighting zones was more than what was required by the International Energy Conservation Code (“IECC”) code.

Mayor Rotering stated the previous request of the Committee in the previous meeting. She polled the Committee to determine who was in favor of regulating lighting beyond what was already existing within the City Code.

Councilmen Kaufman, Stolberg, Stone and Blumberg were in favor of moving forward with more regulations and Councilmen Knobel and Holleman were not in favor of more regulations.

Mayor Rotering asked if the regulations should encompass only government and business buildings.

Councilmen Kaufman, Stolberg, Stone and Blumberg agreed that only government and businesses would be addressed regarding lighting regulations and residential would not be regulated beyond the current code.

Councilman Blumberg stated that the conversation should focus on lighting regulations for government and business only and that the mention of residential regulations was focusing on aligning already enforceable regulations with the IECC code that currently exist. He explained that he would like to discuss the types of regulations that should be in place for industrial, business and government buildings. He discussed how current developers who have participated in the Plan and Design Commission (“PDC”) process have been educated about lighting and they have cooperated with the City as to what was being asked of them. He explained that the idea to educate developers was a step to understanding if there should be regulations or if they would be too hard to enforce.

Mayor Rotering asked if there was participation through education, why would there need to be added regulations to the City Code. She stated that those regulations would require administration and enforcement.

Councilman Blumberg explained that the education was through the application of a Planned Unit Development (“PUD”) as opposed to those developers that are not required to participate in the PDC. He stated that the regulations would be environmentally appropriate and should be welcomed. He discussed his confusion as to the resistance to regulations because it is a change that would not impair development, but would make development better and be good for the community.

Mayor Rotering discussed how education is allowing developers to make the right decisions about lighting. She explained that it is overstepping when equating public safety regulations with light regulations. She stated that she understands the importance of environmentalism in the community and the theory behind it but based on the education that has been provided, developers are stepping up and complying. She explained the effort it would take to regulate versus educate.

Councilwoman Stone stated that putting the information into the Code provides certainty to the developers; they have a clear understanding as to what is being asked of them. She explained that there was information within the staff presentation that allowed for the updating of the Code in regards to technology and terminology.

Mayor Rotering asked why regulation needs to be put in place and why information cannot be provided to the community. She explained that if the developing community does not cooperate with what has been provided then regulation can be reviewed.

Councilwoman Stone explained why simply providing information would not be a good long term strategy.

Mayor Rotering stated that with education, developers are complying.

Councilman Stolberg explained that the commissioners on PDC believed that the Council was looking for regulations of lighting. He discussed how developers have complied with what has been asked but the struggle is when we ask something different at the PDC stage in the process. He was not in support of the curfew that was proposed by staff. He stated that regulations would not create a hardship and it would not be a big leap to go from education to adding it to the City Code.

Councilman Kaufman stated that education is a good option but that it is uncertain because it may be working now but if there are changes to staffing or the PDC, the focus might be different. He discussed how it does not seem that what is being asked of the developers or business owners is that onerous.

Councilman Holleman and Community Development Director Fontane discussed a specific question asked about changing non-conforming light fixtures.

Community Development Director Fontane discussed Chapter 150 of the Zoning Code and Chapter 93 that covers streetlights and sidewalks.

Councilman Holleman, Community Development Director Fontane and Public Works Director Kanapareddy discussed the proposed change to Chapter 93 as it relates to who is qualified to approve lighting plans for streetlights in residential areas.

Councilman Knobel discussed variances that have been provided and the issue of enforcement. She explained how the City has encouraged businesses to keep lights on for safety but the proposed lighting regulations are now asking businesses to implement light controls and turn off lights. She explained that education is starting to change behavior and that is where the City should first start. She cautioned moving forward with what has been proposed and felt the enforcement of the regulations is going to be difficult.

Councilman Blumberg explained that a majority of the members of the Committee would like to move forward with discussing regulations. He stated that he was not in favor of a curfew and by putting regulations in the code versus education, enforcement could be handled on an even playing field. He explained that the City should start with items that are readily understandable for designers working in the field of commercial or industrial development. He stated that buildings that are already in existence would be grandfathered in and this would be implemented for new developments going forward. He explained how the regulations would allow for more accurate evaluation of lighting within the commercial and government settings.

Mayor Rotering and Councilman Blumberg discussed how lighting regulations would be enforced.

Councilmen Stone, Stolberg and Kaufman were in agreement with what Councilman Blumberg stated.

The Committee discussed Highway 41 and that the proposed curfew was to be removed from staff’s recommendation.

Mayor Rotering asked Community Development Director Fontane for a two page summary of policies that are being included in the code. She explained that the Committee has set forth what they are looking for and what they are looking to achieve.

Mayor Rotering and Councilwoman Stone discussed if a specific timeframe could be set for a return date to the Committee to further discuss regulations.

The Committee and Community Development Director Fontane discussed what should be done about existing regulations on residential.

Councilman Knobel and Community Development Director Fontane discussed the origin of lighting zones.

Councilwoman Stone and Community Development Director discussed updates to Chapter 93.

Councilman Holleman discussed updating the code and regulations.

Involuntary Landmark Follow-Up-

Community Development Director Fontane provided a follow-up presentation to previous discussions of involuntary landmarking and requested Council direction.

Mayor Rotering and Community Development Director Fontane discussed surveys that were conducted previously and contact that has been had with homeowners to inform them of the historical significance of their homes. They discussed how those conversations might lead to more voluntary landmarking.

Councilman Knobel explained that it’s egregious for the City to tell homeowners they have to landmark their home. She discussed the surveys and how some of the homes that were labeled as historically significant have already been demolished. She showed her appreciation for the effort that was put in to involuntary landmarking but it is not a solution that helps the City save what needs to be saved historically.

Mayor Rotering encouraged the Historical Preservation Commission (HPC) to make it a priority to educate homeowners as to the significance and importance of the preservation of their homes.

Councilman Blumberg discussed how the HPC has made it its goal to educate. He explained that the City should be educating and encouraging voluntary landmarking. He discussed how involuntary landmarking is a limited tool that applies to less than a handful of properties in Highland Park. He stated that he was comfortable with the recommendations that have been made by the Council and staff. He explained his hesitation with eliminating involuntary landmarking in whole.

Councilman Kaufman stated that education would be phenomenal and is a necessary component. He explained why involuntary landmarking could be warranted but also that the City would have to take into consideration any hardship the landmarking may have upon the homeowner.

Councilman Stolberg voiced concern about stepping on a homeowner’s rights and hardships that may be applied if a home was involuntarily landmarked.

Councilman Holleman discussed the affordability of the process. She discussed how involuntary landmarking has been established and that it can be used punitively as it has happened in the past. She stated that she was not in support of involuntary landmarking before and she is not in support of it now. She discussed that if a property was too valuable to lose based on community feedback then the City could enact imminent domain and purchase the property but to ask a homeowner, on their own, to bear the cost of community interest is very difficult. She explained that involuntary landmarking was supposed to be used as a limited tool but it has not been used that way.

Councilman Knobel discussed the encumbrances that are now on a homeowner if a property is involuntarily landmarked and it continues to go into disrepair if they are not able to maintain it. She explained that the City is not providing any tools or assistance once this has happened. She thanked the HPC for the direction they were headed with education. She stated that she was against de-landmarking homes.

Councilman Blumberg discussed the last experience of involuntary landmarking and how there has only been one home that this has applied to under unique circumstances. He explained how the concerns that have been discussed by the Council can be addressed through the Council reviewing the properties first, reviewing the integrity of the property, public interest and addressing the homeowner’s interest in the beginning. He explained how imminent domain is not a substitution for landmarking. He explained how the proposed protections could be effective in preventing abuse, huge legal bills and the unfair treatment of owners.

Mayor Rotering and Councilman Blumberg discussed the creation of an index of the most historically significant homes in Highland Park.

Councilman Blumberg suggested that the nine criteria used to landmark needs to be amended and clarified. He explained that a house that is to be involuntarily landmark should have to meet specific criteria above and beyond the already established criteria.

Councilwoman Stone agreed with Councilman Blumberg and stated this is a tool that is available for a very limited number of homes in the community but the tool needs to be sharpened to make it more useful and not used incorrectly. She discussed incentives available when landmarking a home and suggested educating homeowners on those incentives.

Councilman Holleman stated that if homes are involuntarily or voluntarily landmark, the City should provide them an incentive.

Danial Kahn, Highland Park Resident, explained how the eight year tax freeze worked when a homeowner voluntarily landmarked their home.

Councilman Holleman opined as to the hardship involuntarily landmarking a property presents to a homeowner.

City Manager Neukirch stated that the moratorium was set to expire in August and asked for direction from the Committee as to extending it or allowing it to expire.

Mitch Macknin, Highland Park Resident, discussed the surveys and the homes that meet the criteria for landmarking.

Community Development Director discussed how the survey does present a large amount of significant homes in Highland Park. He explained that the age of the home does not necessarily add to the significance.

Mr. Kahn discussed the criteria that would need to be met for involuntary landmarking and that not all of the homes listed as significant from the surveys would meet the criteria.

Rhoda Pierce, HPC Chair, discussed the importance of education.

Councilwoman Stone asked if the HPC could review the survey to understand how many of the properties listed as significant remain.

Mayor Rotering and Councilman Holleman discussed which direction the Committee was going to move forward.

Mayor Rotering asked the Committee who was in favor of considering maintaining involuntary landmarking.

Mayor Rotering, Councilmen Stone, Kaufman and Blumberg were in favor of continuing the conversation regarding involuntary landmarking and Councilman Stolberg, Knobel and Holleman were not in favor of continuing the conversation of involuntary landmarking.

Mayor Rotering asked if the Committee was in favor of extending the moratorium.

The Committee was in consensus to extend the moratorium.

Business & Economic Development (BEDC), Ravinia Festival Community Relations (RFCRC) and Zoning Board of Appeals (ZBA) Commission Work Plan Presentations-

Mayor Rotering explained that due to time limits, the work plans would need to be pushed to another Committee of the Whole Meeting.

City Manager Neukirch asked that the Committee send her any questions related to the Commission Work Plans and she would share those with the staff liaisons.

Others Matters:

There was none.

Adjournment:

Councilwoman Stone moved to adjourn. Councilman Knobel seconded the motion.

On a voice vote, the Mayor declared the motion passed unanimously.

The Committee of the Whole adjourned its meeting at 7:44 p.m.

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