City of Highland Park Committee of the Whole met June 24.
Here is the agenda provided by the committee:
MEETING DATE: Monday, June 24, 2019
MEETING LOCATION: Pre-Session Conference Room, City Hall
1707 St. Johns Avenue, Highland Park, IL
CALL TO ORDER
At 4:31 PM, Mayor Rotering called the meeting to order and asked for a roll call.
ROLL CALL
Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Blumberg, Knobel, Holleman
Members Absent: Councilman Kaufman
Mayor Rotering declared a quorum was present.
Staff Present: Ghida Neukirch, Joel Fontane, Ashley Palbitska
Also Present: Corporation Counsel Steve Elrod, Deputy Corporation Counsel Hart Passman
APPROVAL OF MINUTES
A. Regular Meeting of the Committee of the Whole – June 10, 2019
Councilwoman Stone moved to approve the minutes from the regular meeting of the Committee of the Whole held on June 10, 2019. Councilman Blumberg seconded the motion.
On a voice vote:
Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Blumberg, Knobel, Holleman
Voting Nay: None
Absent: Councilman Kaufman
Mayor Rotering declared the motion passed.
B. Special Meeting of the Committee of the Whole – May 17, 2019
Councilman Stolberg moved to approve the minutes from the special meeting of the Committee of the Whole held on May 17, 2019. Councilwoman Stone seconded the motion.
Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Blumberg, Knobel, Holleman
Voting Nay: None
Absent: Councilman Kaufman
Mayor Rotering declared the motion passed.
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 purposes of i) approval of closed session minutes (5 ILCS 120/2(c)(21)); ii) setting a price for sale/lease of property (5 ILCS 120/2(c)(6)); and iii) probable litigation (5 ILCS 120/2(c)(11)).
Councilwoman Stone seconded the motion.
On a roll call vote:
Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Blumberg, Knobel,Holleman
Voting Nay: None
Absent: Councilman Kaufman
Mayor Rotering declared the motion passed unanimously.
Mayor Rotering declared the motion passed unanimously.
At 4:31 PM, the Committee recessed the public portion of the meeting to meet in Closed Session.
At 6:05 PM, Mayor Rotering reconvened the open session of the Committee of the Whole Meeting.
Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Blumberg, Knobel,Holleman
Members Absent: Councilman Kaufman
City Staff Present: Ghida Neukirch, Larry Amidei, Joel Fontane, Lou Jogmen, RameshKanapareddy, Julie Logan, Ashley Palbitska, Lara Lukasik
Also Present: Corporation Counsel Steve Elrod, Deputy Corporation Counsel HartPassman
SCHEDULED BUSINESS
Community Partners for Affordable Housing
Councilwoman Stone recused herself due to her participation on the Board for Community Partners for Affordable Housing (“CPAH”).
Community Development Director Fontane provided information on the relationship between the City and CPAH.
Rob Anthony, CPAH Executive Director, provided an overview of the mission and purpose of CPAH, and discussed their recent reorganization.
Councilman Holleman and Mr. Anthony discussed how the ownership units operate between CPAH and the homeowner.
Mayor Rotering requested CPAH look into haven and secure housing for those that are fleeing domestic violence.
Mr. Anthony stated that there can be further discussion regarding this idea.
Experience-Based Land Uses in the B4-5, B5 and POSO Districts
Community Development Director Fontane provide an overview of feedback from property owners, businesses and other parties pertaining to experience-based land uses in the B4-5, B5 and Pedestrian Oriented Shopping Overlay (“POSO”) districts. He provided information on three recommendations: 1) include additional uses & make use definition changes; 2) review POSO establishment language; and 3) include additional standards to assess special uses.
Councilman Knobel expressed her gratitude for all of the work that went into the presentation and research regarding this topic. She asked about the why a restaurant located within 175 feet of a parcel with ground floor residential use was considered to be a conditional use and not a permitted use.
Community Development Director Fontane explained that this is to allow for more outdoor dining experiences where appropriate but still having some protections if the business is located next to ground floor residential uses. He explained that it provides for more clarity in the Code.
Councilman Knobel and Community Development Director Fontane discussed how pop-up establishments would be handled.
Councilwoman Stone stated that gas stations are listed as a conditional use in the BR2W but there use to be two gas stations in the Ravinia Business District. She asked if it was a permitted use that should be brought back.
Mayor Rotering stated that it would not be a bad idea to have a gas station in that particular business district.
Councilman Holleman opined on why it would not be a good idea.
Community Development Fontane stated that the feedback was appreciated and staff would follow the direction of the Committee.
The Committee discussed permitting gas stations in the Ravinia Business District.
Councilman Blumberg stated that he was comfortable with the proposed changes for the most part. He stated that he did not believe it was the silver bullet needed to address vacancies and the current retail issues. He opined on the need to define what the Ravinia Business District should or could be. He explained that the Central Business District has accessibility issues with the lake which can have an effect on the business community.
Councilman Knobel noted that there is a clear outline as to what the Ravinia Business District will be comprised of.
Councilman Blumberg discussed allowing a gas station to be a conditional use, which will allow the market to decide if it is necessary in a POSO district.
Mayor Rotering stated that the Committee is in consensus with the recommendations that have been presented.
Community Development Director Fontane asked for feedback from the Committee to those uses they believe should be allowed.
Councilwoman Stone noted that there are some more upscale resale shops being established and questioned about allowing them in the POSO.
Community Development Director Fontane stated that it would be hard to distinguish resale and upscale resale in regards to land use.
Councilwoman Stone stated that she would not necessarily exclude resale shops.
Councilman Blumberg asked if that could be a conditional use so there was still some control.
Corporation Counsel Elrod stated that decisions should not be made based on what the City may perceive a tenant may be able to afford in rent but that it should be made on land use.
The Committee discussed allowing resale shops in the downtown business district.
False Statement Policy
City Manager Neukirch explained that the False Statement Policy was introduced at the Holland & Knight Biannual Law Seminar in 2019.
Police Chief Jogmen recommended that the City establish a False Statement Policy that would impose penalties on any person who knowingly makes a false statement of material fact to a City police officer in connection with any police report or investigation.
Councilwoman Stone asked how long this ordinance has been in place in Chicago. Corporation Counsel Elrod stated that it has been in place for many years.
Councilwoman Stone asked if this has been used.
Corporation Counsel Elrod stated that this type of policy has been used before where police have been misled.
Councilwoman Stone asked if this type of ordinance has been put in place in other municipalities.
Corporation Counsel Elrod confirmed that other municipalities are considering this type of policy.
Councilwoman Stone asked if there was an issue with false statements in Highland Park investigations.
Police Chief Jogmen stated that there has not been an issue in his experience so far.
Corporation Counsel Elrod explained that this is a policy that can be put in place when misrepresentation ends up costing the City a significant amount of money because that misrepresentation has led investigators down the wrong path.
Councilwoman Stone asked what were to happen if someone were to make a mistake and provide wrong information.
Police Chief Jogmen stated that staff would have to prove that the person that signed the affidavit knew they were providing a false statement.
Councilwoman Stone asked how much of a burden this would put on staff to prove that a false statement was made.
Police Chief Jogmen stated that this can be a tool for the investigators to use when they have suspicion that a false statement is being made.
Councilman Holleman opined on how this type of policy can be detrimental to younger individuals who are questioned by the police and accidently lie to the police because they are nervous. She stated that she is not hearing that this is an issue in Highland Park and the possibility that it may be used with wrong intentions in the future. She voiced her concerns with how fast this policy was being presented to the Committee.
Councilman Blumberg stated that he did share some concerns of his fellow Committee members but opined on how it was a valuable tool to be used in circumstances that have been presented by Police Chief Jogmen and that the way the ordinance has been written, it will be difficult to prove and enforce because intent needs to be shown. He stated that in his research of the policy being in place in Chicago, it’s been shown to not have been abused.
Building Code Update & Upcoming Code Council Participation
Community Development Director Fontane explained that in addition to the City’s local Code of Ordinances, the City adheres to the 2009 International Building Code, Residential Code, Fire Code, Mechanical Code, the Illinois Energy Conservation Code, Illinois State Plumbing Code and others. He stated that every three years, the International Code Council gathers municipal officials and others to consider and vote on what will become the next, in this case 2021, model energy conservation building code (IECC) for the nation. He explained that this code is one of several codes that are adopted by states and municipalities as the standard for construction. He requested the Committee’s feedback if the City should vote on the adoption of the Code. He explained that that the City has not previously voted at the international level.
Councilman Knobel asked how this information overlays into the City Code.
Community Development Director Fontane explained that energy efficiency in general reduces carbon footprints and development is one of the leading sources of carbon contribution. He stated that it would be in line with what the City has as policies and that it sets forth a path for more than just the community and supports a broader effort of the municipalities and other stakeholders interested in energy efficiency. He explained that it is not simply municipal officials making the decisions but there are regulators who have policy direction from City Councils and industry folks as well. He requested feedback on whether or not the City’s four available votes should be in line with a glide path, meaning zero emissions by 2050.
Councilman Knobel stated that she understands there are four professionals on staff that are registered, voiced concern regarding staff time and asked how that could be balanced.
Community Development Director Fontane explained that the City’s comprehensive Code amendments are the main priority as far as work load. He stated that there has been a general policy direction that has been adopted by the US Conference of Mayors and by participating, the City would not be reinventing the wheel. He explained that there will be a voting guide where staff will review line by line and if there is something that does not make sense, it will be reviewed but these are gradual long term efforts towards 2050.
Mayor Rotering asked if City staff has participated in the past.
Community Development Director Fontane explained that in the past, the senior plans examiner has received a scholarship to participate in discussions with the Code Council but that individual did not vote on behalf of the City.
Mayor Rotering explained that the City has multiple additional pieces that are required for building standards.
City Manager Neukirch explained that there will be some additional work by staff but the City would be leaning on their Councils of Government and others in formulating policy direction.
Councilman Blumberg stated that it seems this is the function that should be completed by staff due to their knowledge base. He explained that this will assist in formulating Code that the City and other communities can adopt.
Councilwoman Stone stated that participation is very important and that the Code assists with health, environmental and financial benefits for residents. She noted that it was her understanding that the majority of the voters were builders and developers, whose incentive is to have the lowest cost for building.
Councilman Holleman stated that it was a wise idea to have staff participate but voiced concerns regarding advocating specifically for net zero by 2050. She asked what it would look like for the community to be on a glide path for net zero by 2050.
Mayor Rotering asked how many total votes there were.
Community Development Director Fontane stated that there was approximately 500 to 600 individuals that participated the last time updates were made. He explained that it is an opportunity to have influence on international policy.
Councilwoman Stone stated that if the City’s votes are cast, it doesn’t necessarily mean that the City has to adopt what the State has adopted.
Community Development Director Fontane explained that so far, the City has followed what the State has adopted and the Code hasn’t been amended any further by the City but the State has their own amendments that flow down to the City. He stated that it would be more of advocating for what the State is going to adopt.
A majority of the Committee was in consensus to allow staff to participate and vote regarding the updates.
OTHERS MATTERS
Corporation Counsel Elrod explained that there was a typo in omnibus item 9 and instructed the Council make the motion as amended.
ADJOURNMENT
Councilwoman Stone moved to adjourn. Councilman Blumberg seconded the motion. On a voice vote, the Mayor declared the motion passed unanimously.
The Committee of the Whole adjourned its meeting at 7:26 PM.
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