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Lake County Gazette

Tuesday, November 5, 2024

City of Highland Park City Council met January 28

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City of Highland Park City Council met Jan. 28.

Here is the minutes provided by the council:

CALL TO ORDER

At 7:42 PM, Mayor Rotering called the meeting to order and asked for a roll call:

ROLL CALL

PRESENT: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Knobel, Holleman

ABSENT: Councilman Blumberg

STAFF PRESENT: City Manager Neukirch, Fire Chief Amidei, Community Development Director Fontane, Police Chief Jogmen, Public Works Director Kanapareddy, Finance Director Logan, Assistant City Manager Sabo, Deputy City Clerk Palbitska

ALSO PRESENT: Corporation Counsel Elrod

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

1. Approval of the Minutes of the Regular City Council Meeting Held on January 14, 2019

Councilwoman Stone moved to approve the minutes of the Regular Meeting of the City Council held on January 14, 2019. Councilman Kaufman seconded the motion.

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

RESULT: ADOPTED AS AMENDED [UNANIMOUS]

MOVER: Kim Stone, Councilwoman

SECONDER: Daniel Kaufman, Councilman

AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Knobel, Holleman

ABSENT: Councilman Blumberg

APPROVAL OF WARRANT LIST

1. Warrant List and Wire Transfers from January 04, 2019 to January 17, 2019

Councilman Kaufman moved to approve the Warrant List. Councilman Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Daniel Kaufman, Councilman

SECONDER: Adam Stolberg, Councilman

AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Knobel, Holleman

ABSENT: Councilman Blumberg

REPORT OF MAYOR

A. Appointments

There were none.

B. Proclamations

There were none.

C. Other business

1. MLK Day of Service

Mayor Rotering thanked everyone who volunteered at last Monday's MLK Day of Service.

2. Winter Weather Reminders

Mayor Rotering thanked the Public Works Department for their winter storm response. She reminded the community of the available warming centers, the importance of checking on neighbors and the elderly, reporting power outages to ComEd and the removal of snow from public sidewalks.

BUSINESS FROM THE PUBLIC (Citizens wishing to be heard regarding items not listed on this agenda)

Anne Bassi, Moraine Township Supervisor, provided information on the income tax assistance for low and moderate income tax payers that will be provided by Moraine Township. She included information as to the state of the food pantry.

SCHEDULED BUSINESS

ITEMS FOR OMNIBUS VOTE CONSIDERATION

Mayor Rotering removed item 3 from omnibus vote consideration. She commented on item 13 and thanked the property owner for voluntarily landmarking their home.

Councilwoman Stone removed item 6 from omnibus vote consideration.

Councilman Kaufman moved to approve items 1-2, 4-5 and 7-17 for omnibus vote consideration. Councilwoman Stone seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Daniel Kaufman, Councilman

SECONDER: Kim Stone, Councilwoman

AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Knobel, Holleman

ABSENT: Councilman Blumberg

Administration

1. Adoption of a Resolution (R7-2019) by omnibus vote consideration titled, “A Resolution Approving an Agreement with Mad Bomber Fireworks Production for Fourth of July Fireworks Services”.

2. Adoption of an Ordinance (O06-2019) by omnibus vote consideration titled, “An Ordinance Waiving the Competitive Bidding Requirements of the City's Purchasing Manual and Authorizing a Professional Services Agreement with Ripple Public Relations, LLC, for the Performance of Marketing and Event Services for the Ravinia District SSA 17 Through December 31, 2019”.

4. Adoption of a Resolution (R8-2019) by omnibus vote consideration titled, “A Resolution Amending the Annual Fee Resolution Regarding Massage Establishment Licenses”.

Finance

5. Adoption of an Ordinance (O07-2019) by omnibus vote consideration titled, “An Ordinance Amending the Annual Budget of the City of Highland Park, County of Lake, State of Illinois, for the Fiscal Year Beginning January 1, 2019 and Ending December 31, 2019 for Enterprise Resource Planning (ERP) Consulting Services”.

Public Works

7. Adoption of a Resolution (R9-2019) by omnibus vote consideration titled, “A Resolution Approving Utility Easement for Former Highland Park Theater Site Redevelopment Lot”.

8. Adoption of a Resolution (R10-2019) by omnibus vote consideration titled, “A Resolution Authorizing the City Manager to Designate three 15-Minute Parking Stalls in the Renaissance Place Parking Lot at 1849 Green Bay Road”.

9. Adoption of a Resolution (R11-2019) by omnibus vote consideration titled, “A Resolution Approving the Purchase of Two 2019 Ford F-550 Dump Trucks”.

10. Adoption of a Resolution (R12-2019) by omnibus vote consideration titled, “A Resolution Approving the Purchase of a 2019 Ford F-550 Hook Lift Truck”.

11. Adoption of a Resolution (R13-2019) by omnibus vote consideration titled, “A Resolution Approving a Right-Of-Way Use License and Fiber Optic Cable Agreement with MCImetro Access Transmission Services Corporation”.

12. Adoption of a Resolution (R14-2019) by omnibus vote consideration titled, “A Resolution for Improvement of Streets and Highways by a Municipality Under the Illinois Highway Code to Establish a 2019 Estimate of Expenditure Covered Under the Motor Fuel Tax Program in the Amount of $895,700”.

Community Development

13. Adoption of an Ordinance (O08-2019) by omnibus vote consideration titled, “An Ordinance Designating 660 De Tamble Avenue as a Landmark”.

14. Adoption of a Resolution (R15-2019) by omnibus vote consideration titled, “A Resolution Approving a License Agreement Between The City and Waterway Gas & Wash Company at 64 Skokie Valley Road”.

15. Adoption of an Ordinance (O09-2019) by omnibus vote consideration titled, “An Ordinance Granting Variances From Article XX of the Zoning Code For a Ground Sign”.

Public Safety

16. Adoption of a Resolution (R16-2019) by omnibus vote consideration titled, “A Resolution Approving a Memorandum of Understanding with the Lake County Health Department and Community Health Center regarding the provision of Emergency Medical Prophylaxis at City-Owned Facilities”.

17. Adoption of an Ordinance (O10-2019) by omnibus vote consideration titled, “An Ordinance Waiving Competitive Bidding Requirements of the City’s Purchasing Manual and Approving the Purchase of One Cardiac Defibrillator System and Disposal of One Surplus Cardiac Defibrillator System”.

ITEMS REMOVED FROM OMNIBUS VOTE CONSIDERATION

3. Adoption of an Ordinance (O11-2019) titled, “An Ordinance Amending Chapter 108 of "The Highland Park Code of 1968," as Amended, Regarding the Regulation of Massage Establishments”.

Sandy Saldano, owner of Therapeutic Kneads, Ltd., voiced concerns regarding the amendment of Chapter 108 of City Code regarding the regulation of massage establishments.

Corporation Counsel Elrod stated that Ms. Saldano was correct in stating that the State of Illinois does license massage therapists and that home-rule municipalities do not have the ability to concurrently license massage therapists. He explained that the ordinance is a City Code regulation of a business establishment and the facility within which massage activities are to occur. He stated that the ordinance is very carefully drafted to exclude any activity that is licensed by the State. He explained that the background check and fingerprinting requirements are only for those persons who do not receive a license from the State.

City Manager Neukirch stated that staff engaged with multiple municipalities in Lake County and the proposed ordinance is a model ordinance for the regulation of massage establishments. She stated that staff consulted with Corporation Counsel, the City Prosecutor, and the State's Attorney’s Office in preparation of the policy.

Mayor Rotering and Ms. Saldano discussed the proposed license fee.

Councilman Holleman moved to approve an Ordinance Amending Chapter 108 of "The Highland Park Code of 1968," as Amended, Regarding the Regulation of Massage Establishments. Councilman Knobel seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.

RESULT: ADOPTED [5 TO 1]

MOVER: Michelle Holleman, Councilman

SECONDER: Alyssa Knobel, Councilman

AYES: Mayor Rotering, Councilmen Stolberg, Kaufman, Knobel, Holleman

NAYS: Councilwoman Stone

ABSENT: Councilman Blumberg

6. Adoption of a Resolution (R17-2019) titled, “A Resolution Authorizing Renewal of a Purchase of Services Agreement with Pace to Provide Local Bus and Ravinia Park- N-Ride Service for Calendar Year 2019”.

Mayor Rotering and City Manager Neukirch discussed the concerns regarding diminished services for Route 213 on Green Bay Road and the notification that has been provided to Pace regarding those concerns.

Councilwoman Stone echoed the comments that were made by the Mayor. She asked if another letter can be sent to Pace.

Mayor Rotering stated that another letter can be sent. She explained that multiple letters have been sent previously and the City has reached out to State and Federal representatives for assistance.

Councilwoman Stone explained that there is a resident that has been passing around a petition to support reinstating Route 213. She explained that Pace has worked with City staff to replace certain buses, particularly on the Ravinia fleet, in order to reduce idling. She stated that last week, the Governor signed on to the US Climate Alliance, pledging to reduce greenhouse gas emissions. She explained that other transit agencies across the area have already committed to incorporating clean electric buses into their fleets to reduce air pollution and greenhouse gas emissions. She stated that the City has purchased electric vehicles to replace some of the City's fleet but yet Pace has not been open to considering any electric buses within their fleet. She requested that if a letter is sent regarding Route 213, that a request be included regarding the inclusion of electric buses within the Highland Park service area.

Councilman Holleman stated that the request was sent to Pace previously.

Councilwoman Stone explained that the request was sent previously but they did not consider the electric buses. She provided information on the current grant proposals available in order to assist with the costs of electric bus fleets.

Councilman Stolberg moved to approve a Resolution Authorizing Renewal of a Purchase of Services Agreement with PACE to Provide Local Bus and Ravinia Park- N-Ride Service for Calendar Year 2019. Councilman Kaufman seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Adam Stolberg, Councilman

SECONDER: Daniel Kaufman, Councilman

AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Knobel, Holleman

ABSENT: Councilman Blumberg

OTHER BUSINESS (the City Council will consider and then either approve or disapprove the following items)

Community Development

18. Consideration of a Recommendation to Approve a Preliminary Planned Development and Design for the Redevelopment of 1850 Green Bay Road

Community Development Director Fontane presented information regarding a recommendation to approve a preliminary planned development and design for the redevelopment of 1850 Green Bay Road.

Mayor Rotering and Community Development Director Fontane discussed zoning modifications as they relate to building setbacks, inclusionary housing, and a traffic study conducted post-development.

Councilmen Kaufman and Holleman, and Community Development Director Fontane discussed the Housing Commission review of the developer's request as it relates to inclusionary housing.

Mayor Rotering asked why the emergency access proposed on Sheahen Court would not be large enough for the fire engine to enter the development’s property.

Community Development Director Fontane explained that the recommendation was to allow for a six foot opening and have the emergency vehicles parked on Sheahen Court; it was not seen as being necessary to have the vehicles on the property.

Councilwoman Stone stated that a resident had provided a photo where the snow had been plowed to the end of Sheahen Court which would make it difficult for emergency vehicles to make it through the proposed emergency access during the winter. She asked if there was a way to plow the street to remove the snow from that area.

Community Development Director Fontane and Public Works Director Kanapareddy confirmed that the snow would be removed from that area.

Councilman Knobel stated that for years, it has been said that Sheahen Court was not to be opened to vehicular traffic but it had not been stated that it should not be opened to residents as an access point. She stated that Albion/Jacobs has worked hard to create a walkway and voiced her confusion as to why the walkway would not be placed on the north side of the property. She asked why a gate would be necessary and, if there was a gate, would there be room for pedestrians to get through.

Community Development Director Fontane stated that it can be considered and that the issue with the gate or a fence was that it was initially proposed to be eight feet tall, which would require relief from the Zoning Board of Appeals. He explained that the gate or fence has evolved through the process and the applicant is not wanting to erect a fence. He stated that if a fence is eventually requested, the recommendation is that there be a six foot wide gate emergency personnel would be able to access by a Knox box.

Councilman Knobel recommended the Edgewood Ring Road be used as a model because over a year was spent ensuring it would work. She stated that the residents like it, especially the ones that abut the property, including the landscaping in the area.

Community Development Director Fontane explained that it could be reviewed for the final approval of the proposed development.

Mayor Rotering, City Manager Neukirch and Community Development Director Fontane discussed the neighborhood meetings that have taken place.

Community Development Director Fontane reviewed and clarified the items that were being recommended for approval.

Corporation Counsel Elrod clarified what the City Council would be taking action on if staff recommendations were approved.

Mayor Rotering and Community Development Director Fontane discussed what is allowed by-right within the zoning district.

Councilwoman Stone asked for clarification as to the applicant's request regarding the bifurcated process as she believes it is to reduce their financial risk by seeking clarity on the parameters that will be allowed. She stated that she understood the process for larger portions of the project like the engineering plan but voiced concerns regarding the housing plan because it has not been reviewed by the Housing Commission and there are a certain number of units presumably being based on the finances of the building.

Corporation Council Elrod explained that if the Council were to approve the condition, it is being recommended that the final numbers be subject to approval by the City Council in regards to the affordable housing plan. He explained that they are proceeding at their own risk by not having the plan currently in place.

Councilman Holleman provided information as to conversations that were held previously by the Council and the Housing Commission regarding inclusionary housing.

Corporation Counsel Elrod explained that the applicant is looking for a preliminary approval of the variation from the Code provision.

Councilman Stolberg and Community Development Director Fontane discussed the calculation of average grade in order for the community to understand how the allowable height of the building was calculated.

Councilman Kaufman explained and clarified that the preliminary approval of the affordable housing proposal does not allow for exceptions to the affordable housing requirements specifically inclusionary zoning requirements.

Cal Bernstein, attorney for Albion/Jacobs, provided background information surrounding the project and read a letter on behalf of developer Keith Jacobs.

Ray Hartshorne, Partner at Hartshorne Plunkard Architecture, provided information as to the inspiration of the project.

Andrew Yule, Vice President of Albion, presented details of the proposed development.

Mayor Rotering asked for information as it relates to the shadow study that was conducted.

Community Development Director Fontane explained that the shadow study was provided at the request of the Plan and Design Commission ("PDC”) based on resident input. He provided insight as to the results of that study.

Mayor Rotering and Community Development Director Fontane reviewed the four preliminary zoning modifications to be reviewed by the Council that included upper story building step back, building setbacks, inclusionary housing and downtown form and design.

Paul Alessandro, Partner at Hartshorne Plunkard Architecture, discussed the shadow study that was provided at the request of the PDC.

Councilwoman Stone and Mr. Alessandro discussed the lighting within the atrium of the building.

Mr. Bernstein stated that the applicant would like to allow for public comment. He discussed the current zoning of the property and provided information as to the public benefit the applicant was providing the Lake County Health Department that was near the location of the proposed development.

Betsy Lassar, Highland Park resident, voiced concerns regarding the development project.

Corporation Elrod stated that the applicant does understand that they will need to meet all of the standards as they relate to inclusionary housing. He explained that the Council can entertain the preliminary plans because it is well within the concept of the Zoning Code.

Marc Lichtman, managing partner with Lichtman Eisen Partners, Ltd, voiced his support for the proposed development.

Amy Corr, managing broker with Highland Park @ Properties, voiced her support for the proposed development.

Carrie Goodman, owner of Goodies, voiced her support for the proposed development.

Adam Pfeffer, Highland Park resident, stated that he did not have an issue with the building but voiced concerns regarding the size of the building and how rules are being followed.

Mayor Rotering addressed some of Mr. Pfeffer's concerns. She explained that the property is not a lot-in-depth because there is an easement coming off of Central Avenue in order for there to be ingress from two different directions.

Corporation Counsel Elrod explained that he has reviewed all of the steps in determining which is the proper side yard and front yard for the project. He stated that he can affirm that Community Development Director Fontane has completed the calculations correctly and has properly indicated as to where the front yard is.

Mayor Rotering opined on the easement across Sunset Foods parking lot.

Community Development Director Fontane confirmed that the property is not a lot- in-depth.

Mr. Pfeffer stated that tonight was the first time that the community has been told that the property was not a lot-in-depth.

Community Development Director Fontane provided the definition of what a lot-in- depth consists of. He explained that there was some confusion as to whether or not the property was a lot-in-depth and after further review it was determined that it was not. He provided information as to the north side of the property and the required setback calculations.

Mr. Pfeffer voiced his frustration that tonight was the first time it was stated that the property was not a lot-in-depth and his confusion as to an easement being the reason why the property is no longer considered a lot-in-depth.

Community Director Fontane clarified where access was being provided and that there is a proposed easement currently being negotiated to allow for additional access to the property.

Mr. Pfeffer voiced his frustration and requested the Council reflect on what is being approved. He opined on the land being public land and that it should be held to a higher standard in regards to pay back to the public.

Mayor Rotering explained that the City frequently uses the Planned Unit Development ("PUD") process for developments for flexibility to better meet the public's needs and that the sale price of the property was higher than the fair market value which will be paid to the City.

Bivan Kischer, Highland Park Resident, stated that he is not opposed to development and that this development needs to be held to a high standard. He opined on lot-in-depth and a permanent easement through Sunset Foods property.

Mayor Rotering clarified that easements follow with the land and that is the law.

Mr. Kischer stated that he does not have an issue with the work that has been performed by the developer thus far but it is incorrect to state that the neighbors are in agreement with the developers. He voiced concerns regarding the number of units that have been proposed for the size of the property. He discussed the proposed public benefits.

Mayor Rotering, Councilman Stolberg and Mr. Kischer discussed a path next to the northern border of the property.

Louise Conway, Highland Park resident, voiced concerns regarding the proposed development as it relates to the City Code and City ordinances, direct conflict with the City's Master Plan, and Findings of Fact prepared by City staff.

Mayor Rotering and Ms. Conway discussed the availability of a walking path on the north side of development property. Mayor Rotering explained that the City is not in violation of the City Code or the Master Plan.

Jody Mordini, Highland Park resident, voiced concerns regarding the proposed development in regards to the density.

Mayor Rotering explained that the decision was not to choose the highest bidder and provided information regarding the decision process related to the sale of the Karger Recreation Center. She stated that Peter Mordini, Ms. Mordini's husband, has had multiple conversations with the developers and the developers have been accommodating to most of the requests that have been made.

Sam Shepard, Highland Park resident, discussed the zoning change that had taken place in 2014 and how there should have been a cap on the number of floors a new development should have if it abuts an R-6 zoned neighborhood. He voiced concerns regarding the resale value of the properties in the Sheahen Court neighborhood.

Mayor Rotering explained that the zoning change discussions happened during multiple public hearings.

Gerry Meister, Highland Park resident, voiced concerns regarding density of the proposed development.

Mayor Rotering, Councilman Stolberg and Mr. Meister discussed the required engineering plan.

Katie Drucker, Highland Park resident, voiced concerns regarding the proposed development and how it will affect Sunset Park.

Eddie Adler, Highland Park resident, voiced his support of the project and how it will enhance the downtown business district. He opined on the value of properties in Highland Park.

Mayor Rotering explained that housing prices have increased from last year.

Richard Kahan, professional with KB Real Estate, voiced support for the project.

Danny Webber, Highland Park resident, voiced support for the project.

Steve Calhoun, Highland Park resident, voiced concerns regarding the proposed development.

Lawrence Dunlap, Highland Park resident, voiced concerns regarding the proposed development and the process that has been conducted.

Councilman Stolberg and Corporation Counsel Elrod addressed Mr. Dunlap's concerns regarding the development and the PUD process.

Mr. Dunlap stated that he disagrees with how the PUD process has been conducted.

Jeff Gorbena, owner of Tamales restaurant, discussed the importance of looking forward and allowing for more volume and density.

Dan Hirsh, Highland Park resident, voiced concern regarding the density and property ownership in the downtown business district.

Jeff Silverman, Highland Park resident, voiced support for the proposed development.

Peter Mordini, Highland Park resident, presented an image of the proposed development next to his property and voiced concerns regarding the proposed development as it relates to the height of the building and the shadows that will be cast on the properties located on Sheahen Court.

Mayor Rotering and Mr. Mordini discussed the height of the existing Karger Center building that is located on the property.

Greg Viti, Highland Park property owner, echoed some of the comments provided by Mr. Mordini. He voiced his support of the proposed development and the want to build more properties in Highland Park.

Mr. Mordini requested the motion be tabled until a clear definition of access and lot- in-depth can be provided.

Mr. Bernstein thanked the Council for addressing some of the issues that have been presented. He discussed the conversations that have been conducted through neighborhood meetings where they discussed the impact that the proposed development would have on the neighbors. He requested that the Council approve the drafting of the necessary documents approving the preliminary PUD for the proposed development. He discussed the outreach that has been conducted in order to obtain support for the development.

Mayor Rotering asked if the garage vent could be moved to the western exposure. Mr. Alessandro stated that the garage vent can be moved to the western exposure.

Mayor Rotering requested information on the request for modification as it relates to the upper story setback to understand whether or not a further setback can be provided on the north side of the property and accommodate that change on the south side of the property.

Mr. Yule stated that the request has been reviewed and unfortunately it cannot be accommodated because the building is at its mass capacity.

Councilwoman Stone asked if the building can be moved to the south.

Mr. Yule stated that the project has been through the planning process and the point they are at right now, that they can accommodate loading comfortably with the appropriate amount of room for turning radius and do not feel comfortable moving the building any further south.

Councilwoman Stone asked about moving the building either east or west on the property.

Mr. Yule explained that from east to west, the development just fits on the property to allow enough room for a car to get in and out for ingress and egress to the parking garage through the ramp with a buffer between the development and the Lake County Health building.

Mr. Bernstein stated that when the project first came before the Council, the building was more east on the property but in working with Sunset Foods, they were forced to move the building more to the west to allow for Sunset Foods to develop their new loading docks. He explained that the reason relief is being sought along the west property line is because Sunset Park is currently zoned residential, so therefore, the developers have to accept the zoning of the R-5 district. He stated that if the park property was changed to PA zoning, under that zoning, there would be a zero setback requirement and the development would be compliant.

Councilwoman Stone stated that to her understanding, the Firehouse is slightly set in to the Park District property.

Mr. Bernstein stated that the Firehouse is entirely on the Park District property as well as part of the parking lot.

Councilwoman Stone stated that on the north side of the property, there is access to Sunset Park on the north end of Elm Place. She stated that it makes more sense to keep the walking path on the south side of the development because it protects the privacy of the homes on Sheahen Court and also enables other people to walk on the other side of the building and provide another access point to the park. She asked if it could be lined up with the pedestrian crossing that is currently on Green Bay Road. She stated that the cross walk being proposed, aligns with the middle of a parking area.

Mr. Bernstein explained that the walking path was proposed where it is was because in April 2018, there was a neighborhood meeting where it was requested that there be no public activity at all on the north side. He stated that the neighbors were asked if they wanted access to any type of walking path and they agreed that they did not want access and that they would prefer that to be heavily landscaped or fenced.

Councilwoman Stone and Mr. Yule discussed the alignment of the path to the cross walk on Green Bay Road.

Councilman Kaufman asked if there was anything else the applicant can amend in order to mitigate the concerns of the neighbors or provide other public benefits to the community.

Mr. Yule explained that if the pedestrian walkway were to move from the south to the north, there would possibly be three feet that can be provided in order to move the building further south on the property.

Mr. Bernstein explained that through the PUD process, public benefit is tied to the amount of relief that is being requested. He stated that it came from the PDC that the amount of relief that is being sought is very minor and technical in nature. He explained that it is believed that the multiple public benefits that are being offered far outweigh the amount of relief that is being sought.

Mayor Rotering requested the applicant have further discussions with the neighbors as to the relocation of the path from the south to the north portion of the property.

Councilwoman Stone stated that in certain condo and apartment buildings some sort of window covering is required and asked if there was going to be window coverings required or provided.

Mr. Yule confirmed there would be universal roller shades that will be uniform throughout the whole property.

Councilwoman Stone asked if there were shades on the public spaces, like the atrium or the ground floor.

Mayor Rotering explained that the sun would then be blocked.

Mr. Yule stated that there can be cutoffs on the lights in the atrium so they do not spill out into the general public. He explained that there will be bird strike on the glass as well.

Mayor Rotering stated that under the City’s Light Code, there are measurements conducted that indicate what is allowed to cross over into the neighboring properties.

Councilman Holleman explained that a photometric study would be conducted.

Councilwoman Stone stated that she understood there are ordinances that restrict light spillage but she asked, because of the proximity of the building and the size of the project, if here was something that can be done on the public spaces to limit that light even further beyond what is required on both the west side and north side.

Mayor Rotering stated that Sunset Condominiums are literally right next to the park where there are lights spilling on to the park property. She asked if there was a study done in terms of environmental impacts.

Corporation Counsel Elrod stated that there were environmental studies conducted but there was not a light study.

Mr. Yule explained that the common areas are located on the first floor and there is nothing on the higher floors that would be open all night but the percentage of coverage by the roller shades will be reviewed to help with as much blockage as they can.

Councilman Holleman opined on the regulations that are currently in place that limit light spillage.

Corporation Counsel Elrod stated that the regulations were for light spillage but that would not mean that residents would be able to see a building that has lights on it.

Mayor Rotering stated that the lights should not be lighting up neighbor’s yards. Councilman Knobel asked for clarification as to flood mitigation.

Mr. Yule explained that the site itself is allowing all the rain to roll off the asphalt and pavement today into the park. He stated that the proposed development itself will act as a natural reservoir. He explained that there was a preliminary civil engineering plan provided but that there is much more work that needs to be conducted before it can be completed.

Councilmen Stolberg and Stone, and Mr. Yule discussed the trash shoots and providing one for trash and one for recycling. Mr. Yule confirmed that there will be two trash shoots with one for trash and one for recycling.

Councilwoman Stone and Mr. Yule discussed the parking spot that would be available for a car-share vehicle.

Councilman Knobel asked Community Development Director Fontane to explain how the proposed development is in concert with the City's Master Plan.

Community Development Director Fontane confirmed that the proposed development does not conflict with the City's Master Plan and provided information as to the purpose of the Master Plan.

Councilman Kaufman thanked the applicant and residents for their input and feedback regarding the proposed development.

Councilman Stolberg stated that, while height seems to be a concern to the neighbors, it is not relief that is being sought by the developer.

Councilwoman Stone stated that she was appreciative of the changes that have been made and the feedback from the neighbors on both sides and that she was generally supportive of the proposed development. She explained that the density in the area of the downtown is a good thing but voiced her concerns regarding the impact the development will have on the Sheahen Court neighbors and that the project did not go for review before the Housing Commission before it was presented to the Council.

Mayor Rotering thanked everyone for attending the City Council meeting as well as the numerous PDC meetings and neighborhood meetings.

Councilman Stolberg moved to approve the drafting of documents for preliminary approval of a Planned Development and Design for the redevelopment of 1850 Green Bay Road subject to the conditions by the PDC and the Housing Commission with the developer's calculations on inclusionary units. Councilman Holleman seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.

RESULT: ADOPTED [4 TO 2]

MOVER: Adam Stolberg, Councilman

SECONDER: Michelle Holleman, Councilman

AYES: Mayor Rotering, Councilmen Stolberg, Knobel, Holleman

NAYS: Councilmen Stone, Kaufman

ABSENT: Councilman Blumberg

Mayor Rotering asked when the project will be brought to the Council again seeing that there is a lot of work that still needs to be completed before it can be finalized.

Corporation Counsel Elrod explained that the draft preliminary approval documents can come before the Council at the next meeting or the meeting after that.

Mr. Yule stated that the applicant will wait for the preliminary documents to be provided and that the proposed development will be discussed at the March Housing Commission meeting. He stated that they anticipate coming back in April with a final civil engineering drawing and final approval from the City.

Mr. Bernstein stated that the proposed development will be reviewed by the PDC for final recommendation and then it will be back before the Council in either May or June.

Corporation Counsel Elrod explained that there is a minor tweak to the Purchase and Sale Agreement only concerning the timeline which will be on the agenda at the same time as the drafted preliminary plan approvals.

Mr. Bernstein stated that the applicant has been in contact with the Highland Park Community Nursery School and Day Care Center and that they are working on a timeline in order to find another location outside of the Karger Center. He explained that it has been discussed that the applicant will amend their contract so the closing will happen after the end of August instead of the end of June in order to accommodate Highland Park Community Nursery School and Day Care Center. He stated that with the preliminary approvals, the developers can create a more concrete timeline which would allow the applicant to provide the Council with the last possible date the closing needs to occur in order to begin construction and not have to deal with winter conditions. He explained that if they are able to accommodate more time for the Highland Park Community Nursery School and Day Care Center, they will try.

BUSINESS FROM THE COUNCIL

Zoning Board of Appeals Report - Councilman Stolberg

Councilman Stolberg provided a report on the Zoning Board of Appeals. Housing Commission Report - Councilman Holleman

Councilman Holleman provided a report on the Housing Commission.

BUSINESS FROM CITY STAFF

There was none.

ADJOURNMENT

Councilwoman Stone moved to adjourn. Councilman Kaufman seconded the motion. On a voice vote, Mayor Rotering declared the motion passed unanimously.

The City Council adjourned its meeting at 11:22 PM.

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