City of Highland Park City Council met Aug. 12.
Here is the minutes provided by the council:
CALL TO ORDER
At 7:31 PM, Mayor Rotering called the meeting to order and asked for a roll call:
ROLL CALL
PRESENT: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
ABSENT: None
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, Human Resources Manager Taub, Deputy City Clerk Palbitska
ALSO PRESENT: Corporation Counsel Elrod, Deputy Corporation Counsel Passman
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1. Approval of the Minutes of the Regular City Council Meeting Held on July 8, 2019
Councilwoman Stone moved to approve the minutes of the Regular City Council meeting held on July 8, 2019. Councilman Kaufman seconded the motion. Upon a voice vote, the Mayor declared the motion passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Stone, Councilwoman
SECONDER: Daniel Kaufman, Councilman
AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
APPROVAL OF WARRANT LIST
1. Warrant List and Wire Transfers from June 27, 2019 to July 25, 2019
Councilman Stolberg moved to approve the Warrant List. 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, Blumberg, Knobel, Holleman
REPORT OF MAYOR
A. Appointments
1. Re-Appointment to Police Pension Board
Mayor Rotering appointed Mark Romo to the Police Pension Board for a term running through May 10, 2021.
B. Proclamations
There were none.
C. Other business
1. National Night Out
Mayor Rotering thanked the community for participating in the City's Annual National Night Out Celebration. She thanked the Highland Park Police Department for coordinating the event with significant contributions from Police Officer Teresa Stadler, Police Department Executive Assistant Leigh Delaney, Assistant to the City Manager Hayley Garard, Deputy Chief Jon Lowman and Chief Lou Jogmen.
Chief Jogmen spoke about the success of the event.
2. Police Arrest Vehicular Invasion Suspect
Mayor Rotering provided information regarding an incident where the Highland Park Police Department apprehended a vehicular invasion suspect. She recognized the officers involved and thanked them for their expedited response times and high-quality service to the community.
3. 214 Bipartisan Mayor's Urge Senate to Address Gun Violence Epidemic Mayor Rotering explained that in the past week, 214 mayors from across the country, including herself, have sent a letter to Senate members urging them to immediately call the Senate back to Washington to take action on gun safety legislation. She provided information on the two bills that have been passed by the House of Representatives that will greatly strengthen the background check system.
BUSINESS FROM THE PUBLIC (Citizens wishing to be heard regarding items not listed on this agenda)
There was none.
SCHEDULED BUSINESS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
Councilman Blumberg moved to approve items 1-7 by omnibus vote consideration. Councilman Kaufman seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Anthony Blumberg, Councilman
SECONDER: Daniel Kaufman, Councilman
AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
Administration
1. Adoption of a Resolution (R97-2019) by omnibus vote consideration titled, “A Resolution Relating To Participation By Elected Officials In The Illinois Municipal Retirement Fund”.
2. Adoption of a Resolution (R98-2019) by omnibus vote consideration titled, “A Resolution Ratifying an Amendment to the Board of Fire and Police Commissioners Rules and Regulations”.
3. Temporary Street Closure and Use of the Public Rights-of-Way on Second Street Between Central Avenue and the Second Street/Elm Place South Parking Lot Entrance for Oktoberfest, a Special Event on Saturday, September 21, 2019
Public Works
4. Adoption of a Resolution (R99-2019) by omnibus vote consideration titled, “A Resolution Authorizing Award of the Waverly Road Storm Sewer & Retaining Wall Repair Contract to A Lamp Concrete Contractors Inc. of Schaumburg, Illinois”.
Public Safety
5. Adoption of a Resolution (R100-2019) by omnibus vote consideration titled, “A Resolution Authorizing the Purchase of One and Disposal of One Police Fleet Vehicle”.
6. Adoption of an Ordinance (O57-2019) by omnibus vote consideration titled, “An Ordinance Amending Chapter 71 of "The Highland Code of 1968,” as amended, to Adopt the Illinois Vehicle Code by Reference”.
7. Adoption of a Resolution (R101-2019) by omnibus vote consideration titled, “A Resolution Amending the Annual Fee Resolution Regarding Penalties for Traffic Violations”.
OTHER BUSINESS (the City Council will consider and then either approve or disapprove the following items)
Community Development
8. “An Ordinance Approving the Execution of a Fourth Amendment to a Purchase
and Sale Agreement for the Sale of the Karger Recreation Center Property and Adjacent Properties”.
9. “A Resolution Ratifying a Minor Amendment to the 1840-1850 Green Bay Road Planned Unit Development”.
10. “A Resolution Approving a Final Plat of Subdivision (1850-1870 Green Bay Road)”.
11. “An Ordinance Granting a Special Use Permit for a Planned Development (1850- 1870 Green Bay Road)”.
12. “A Resolution Approving a Development Agreement (1850 Green Bay Road)”.
13. “A Resolution Approving a License Agreement Between the City and Albion Jacobs Highland Park, LLC For Construction and Use of Off-Street Parking Spaces”.
14. “A Resolution Approving a Reciprocal Easement Agreement With HPC Properties, LLC and 751 Central Properties Inc. (1812-1814 and 1850 Green Bay Road)”.
Mayor Rotering explained that agenda items 8-14 were related to the purchase, sale and development of the Karger Recreation Center and adjacent properties; 1840 - 1850 Green Bay Road and 1870 Green Bay Road. She stated that these items will be under consideration at the next City Council meeting on August 26, 2019.
Corporation Counsel Elrod explained that, after the presentation, if the Council is satisfied with the documents that have been received and the presentation of information, a motion to place these items on the consent agenda can be taken for the next meeting.
Community Development Director Fontane presented information on the purchase, sale and development of the Karger Recreation Center property and adjacent properties.
Corporation Counsel explained that due to the addition of the extra lots along Green Bay Road, it will be necessary for the Council, in a brief public hearing to, confirm that those lots are part of the overall plan development. He stated that the public hearing is scheduled for the August 26, 2019 City Council meeting but will be for the limited purpose of discussing the additional lots along Green Bay Road and not a reopening of all matters to be discussed. He explained that notice regarding the public hearing was already sent to the neighboring residents and businesses. He explained that if a motion is made to put these items on the August 26th consent agenda, the public hearing will take place first.
Councilman Stolberg and Community Development Director Fontane discussed the way finding signs as a public benefit.
Councilman Stolberg asked the developer if they would be able to screen the construction fencing due to the size of the project and the proximity of the development to neighbors.
Corporation Counsel Elrod stated that the requirement to screen the construction fencing will be added to the development agreement.
Councilwoman Stone noted the importance of screening the construction fencing, especially during the demolition of the building.
Councilwoman Stone and Community Development Director Fontane discussed the burying of the utility wires and the dimming of lights in the atrium at night.
Corporation Counsel Elrod explained that the dimming of the lights usually falls under operations but the dimming was agreed to by the developer and can be added to the development agreement.
Councilman Blumberg explained why he is participating in the discussion at this point whereas he had recused himself previously.
Councilman Holleman and Corporation Counsel Elrod discussed the agreement for the Nursery Day School that is currently located within the Karger Center property.
Corporation Counsel Elrod explained to Councilman Blumberg that the Council has already provided preliminary approval for the development of the site. He stated that because it is before the Council now in final form, the Council has very little discretion.
Councilman Blumberg stated that he understands the comment made by Corporation Counsel Elrod and wants to ensure the developer that he has reviewed all of the pertinent information related to the development.
Cal Bernstein, Attorney for Albion/Jacobs, provided information on inclusionary housing. He stated that the developers are in favor of screening the construction fences and that signs may be added to them. He explained that the developers are agreeable to the dimming of the lights in the atrium and the glass that is being proposed is bird friendly glass.
Councilwoman Stone asked if there is a separation between the pedestrian walkway and the driving lane.
Mr. Bernstein explained that there were concerns voiced by the neighbors regarding the traffic and noise to the north of the property and the developers have decided to move the garage entrance to the south of the property to further address those concerns of the neighbors.
Councilwoman Stone and Andrew Yule, developer of the Albion/Jacobs proposed development, discussed the location and direction of the walkway located near the building.
Mr. Bernstein provided information on the discussions that have been had with the Lake County Health Center regarding parking spaces.
Mayor Rotering asked for assurance that the sounds from the parking garage are not going to be disrupting the neighborhood with regularity.
Mr. Yule provided assurance.
Councilman Stolberg demonstrated his appreciation of the improvement of a single point of crossing in the parking lot and asked if a strobe will be installed as well at the entrance of the parking garage.
Mr. Yule confirmed a strobe will be added.
Councilman Blumberg thanked the developer for working on such a complex site. He stated that the preliminary approval occurred before the hearing at the Housing Commission. He explained that the Council is required to make a specific finding after the Housing Commission considers alternative compliance but the Council has not made that finding as of yet.
Corporation Counsel Elrod explained that the Council made its preliminary approval subject to the Housing Commission’s determination. He stated that the necessary approval that will be provided per the Code will be codified as part of the final approval.
Councilman Blumberg asked for clarification on the pre-approval that has already been given regarding the inclusionary housing.
Corporation Counsel Elrod stated that it is contemplated in the final package.
Councilman Blumberg stated that there are a lot of good reasons for putting money into the Affordable Housing Trust Fund and that value has been addressed by the Housing Commission. He explained that what has been provided has not addressed the standard which is that it has to be demonstrated that the alternative payment in lieu will create an equal or greater opportunity in order for those units to be acquired and maintained off site. He reviewed how the statement in the packet addresses the high costs of construction and financial exigency on the developer but that does not follow the standard that has been created.
Councilman Holleman noted that the Housing Commission did meet with the developer on three separate occasions, where there were extensive discussions about what was in the best interest for the community in terms of bringing the affordable units on site. She stated that the developers did have reservations at first but by the time the final meeting took place, the developer had met and exceeded all of the requests the Commission had made. She explained that the Commission saw the development as an opportunity with high quality units. She stated that the Commission was in agreement that there will be a need down the line for additional revenue in the Housing Trust Fund for a variety of long term projects. She explained that it was a unanimous decision by the Housing Commission and the Commission found this to be equal to or better than the plan to build on site. She encouraged the other Council members to continue to support the unanimous decision of the Housing Commission.
Mr. Bernstein explained that the inclusionary housing was discussed with the Housing Commission and provided information regarding the discussion.
Councilman Knobel exited the meeting at 7:54 PM.
Councilman Blumberg explained that what the Staff believes will assist the Housing Trust fund is not the standard. He stated that it is a laudable goal and the Affordable Housing Trust Fund is important but that is not the standard that needs to be considered. He voiced his concern about this setting a precedence that allows for developer discretion and not Council discretion.
Mayor Rotering stated that an in depth conversation regarding inclusionary housing and the City Code will be taking place in the near future.
Councilman Kaufman stated that during the comprehensive discussion regarding inclusionary housing, the way in which the language in the ordinance meets the standards of attempting to achieve alternative compliance and the process will need to be heavily reviewed.
Councilman Holleman stated that she wanted to make sure that the Council understands that the Housing Commission did give serious consideration to the inclusionary housing and that the plan that has been presented is a good and solid plan because it reaches a compromise that is not always perfect but will work in the best interest of the community.
Mr. Bernstein stated that the Housing Commission was very laudable to the developer because even though the building shrunk, the amount of affordable units did not shrink.
Councilman Holleman stated that one of the Housing Commissioners stated repeatedly that 20% of zero is zero. She explained that there are a number of units that will be able to be brought online that the City has never seen before. She stated that these are units that range in size where families can grow into that have not been afforded before.
Mr. Bernstein stated that the units within the development will have the same finishing and appliances as the market rate units in a fully amenitized building.
Peter Mordini, Highland Park resident, asked questions regarding the location of the construction fence, rooftop air handlers, the relocation of the path to the north side of the building, the amount of windows, the size of the proposed planted trees, the need to water down the construction dust heavily, the size of the berm, the dimming of the lights, the swale and screening facing the park, and the entrance off of Central Avenue. He stated that the bird glass was great but asked if there was something that can be done with the other windows on the west side of the building.
Councilman Holleman addressed the question regarding windows.
Louise Conway, Highland Park resident, asked about the City lots that are being conveyed to the developers for the purchase and sale of the property.
Corporation Counsel Elrod explained that the two City lots are going to be used and encumbered for a right-of-way. He stated that they will be constructed and developed at the developer's expense. He explained that the City had two options. Option one is to license or create an easement to the developer and continue to own the lots. The Second option is to include them within the purchase price that is already part of the overall conveyance. He stated that if the City chose option one, the City would continue to maintain ownership and possibly liability as the underlying property owner if anything were to occur on that property as well as the possibility of maintenance responsibilities. He explained that if the City were to convey them with the purchase of the property, they would be put back on the real estate tax rolls. He explained that it is worthless for the City to continue to own lots that were completely encumbered by a right-of-way. He stated that they are included in the overall purchase price for the overall lot.
Mayor Rotering stated that the City will receive revenue from them in the future. Corporation Counsel Elrod explained that the realignment was done at the City's request.
Ms. Conway asked if Albion/Jacobs will be responsible for the maintenance of the newly aligned drive.
Mayor Rotering confirmed they would be.
The Committee, Corporation Counsel Elrod, Community Development Director Fontane and Ms. Conway discussed the waiver that has been requested for the burial of the utility lines.
Ms. Conway discussed the easement through Sunset Foods and stated that signage will not be enough to prevent people from using that access. She encouraged discussion as to how it should be monitored, enforced and regulated so that everyone is safe and people are not cutting through that area.
Ms. Sibbernsen, Highland Park resident, stated that she shared concerns regarding low income housing. She stated that she would prefer her grandkids walk along the north side of the building in order to access the park.
Mr. Bernstein explained that the Housing Commission, as it related to the fee in-lieu, wanted more diversity in the type of housing that was being offered but the payment that would be made would allow the Commission to do other things with single family homes and not just pigeon hole all of the affordable housing in one building. He explained that at this time, the walkway is in a position where the developer will not be able to relocate it. He welcomed a phone call from Mr. Mordini regarding any other concerns he may have about the development. He explained that the fencing will be placed on top of the berm and will be placed away from the property line. He stated that the reason for having the fence placed on the berm is because they are only allowed a six foot fence and by putting it on the berm, they are afforded more height.
Mr. Yule provided information as to where the rooftop air handlers are located, they cannot be moved to any other location on top of the building and they are fully screened. He provided information as to the height of the berm. He discussed the can lighting within the units and that the developers will follow the lighting code in regards to the outside lighting.
Councilwoman Stone stated that she did not recall the plans showing any exterior lights on the north side of the building.
Mr. Yule explained that they are only located in the public areas.
Mr. Bernstein explained that the neighbors requested there be no public activity on the north side of the building so there will be no activity and no lighting.
Mayor Rotering, Mr. Yule and Mr. Bernstein discussed and addressed the concerns regarding the swale.
Community Development Director Fontane stated that no Park District property is being conveyed with the purchase, sale and development of the property.
Councilwoman Stone stated that the atrium glass is a very important element in regards to bird safety since birds will be able to see through the building to the park on the other side.
Mr. Bernstein thanked staff for their assistance and dedication to the project.
The Committee was in consensus to move items 8-14 to the consent agenda of the Regular City Council Meeting scheduled to be held on Monday, August 26, 2019.
Corporation Counsel Elrod explained that tonight's meeting was the time to be heard about the development and the public hearing will only be a discussion regarding the conveyance of the properties located on Green Bay Road.
Councilman Holleman thanked the developer for their time and dedication to the proposed development.
Councilman Stolberg thanked the neighbors for their involvement in the public process.
15. Adoption of a Resolution (R102-2019) titled, “A Resolution Regarding Zoning Uses and Districts in the Crossroads Business District”.
Councilwoman Stone asked that staff strongly consider the traffic implications of what is recommended because the corridor has gotten to be a difficult traffic area.
Community Development Director Fontane acknowledged the recommendation and stated that it will go through a planning process and study.
Councilman Holleman moved to approve a Resolution Regarding Zoning Uses and Districts in the Crossroads Business District. Councilman Blumberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michelle Holleman, Councilman
SECONDER: Anthony Blumberg, Councilman
AYES: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Holleman
ABSENT: Councilman Knobel
BUSINESS FROM THE COUNCIL
Councilwoman Stone announced that on Wednesday, August 14, 2019 at 6 PM, Senator Julie Morrison will be hosting a forum on micro plastics at the Highland Park Public Library in conjunction with the Illinois Environmental Council, the Shedd Aquarium, and other experts on micro plastics.
BUSINESS FROM CITY STAFF
There was none.
ADJOURNMENT
Councilman Stolberg 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 8:51 PM.
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