Lake County Gazette

City of Highland Park City Council met Aug. 24.

Here is the minutes provided by the council:

CALL TO ORDER

At 5:30 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 (entered the meeting at 5:36 PM)

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, Business Development Manager Hersch, 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 Special City Council Meeting Held on July 13, 2020 

Councilman Blumberg moved to approve the minutes of the Special City Council meeting that was held on July 13, 2020. 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,

ABSENT: Councilman Holleman

APPROVAL OF WARRANT LIST

1. Warrant List and Wire Transfers from July 02, 2020 to August 13, 2020.

Councilman Kaufman noted that he needed to recuse himself from Warrant Item 293654 due to his wife's participation with Community Partners for Affordable Housing.

Councilman Stolberg moved to approve the Warrant List, excluding Warrant Item 293654. Councilman Blumberg seconded the motion. Upon a roll call vote, Mayor Rotering declared the motion passed unanimously.

APPROVAL OF WARRANT LIST

1. Warrant List and Wire Transfers from July 02, 2020 to August 13, 2020.

Councilman Kaufman noted that he needed to recuse himself from Warrant Item 293654 due to his wife's participation with Community Partners for Affordable

Housing.

Councilman Stolberg moved to approve the Warrant List, excluding Warrant Item 293654. Councilman Blumberg seconded the motion. Upon a roll call vote, Mayor Rotering declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Adam Stolberg, Councilman

SECONDER: Anthony Blumberg, Councilman

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

ABSENT: Councilman Holleman

Councilman Kaufman exited the virtual meeting at 5:33 PM.

Councilman Blumberg moved to approve Warrant Item 293654. Councilman Knobel seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Anthony Blumberg, Councilman

SECONDER: Alyssa Knobel, Councilman

AYES: Mayor Rotering, Councilman Stolberg, Stone, Blumberg, Knobel, RECUSE: Councilman Kaufman

ABSENT: Councilman Holleman

Councilman Kaufman entered the virtual meeting at 5:34 PM.

REPORT OF MAYOR

Mayor Rotering asked that the community keep Jacob Blake and his family in their thoughts and prayers. She discussed Women's Equality Day and on August 26, 2020, it will be the 100 year anniversary of the 19th Amendment. She explained that the amendment prohibited states from denying individuals the right to vote on the basis of sex. She noted that women have played a vital role in writing the Country's history. She provided information on the history of Women's Equality Day. She discussed matters that related to the start of back to school season.

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

City Manager Neukirch stated that the City gives the opportunity for individuals to email or call the City if they have any comments, feedback or recommendations for the City Council meeting. She noted that the City received public comments before the City Council meeting and informed the public that if they are attending the City Council meeting virtually, they

should raise their virtual hand and they will be allowed to speak after the submitted comments are read into the record.

Marietta and Kevin Stevens, Highland Park residents, commented on the possible safety issue in the Ravinia Business District neighborhood due to the traffic changes because of the street closures for businesses. They noted that Highland Place is a thoroughfare for cars, trucks, and fire engines/ambulances and many cars speed on this residential street that has walkers and bikers. They noted how the temporary parking restrictions on Green Bay Road and Highland Place have helped traffic flow on that corner. They stated that a speed monitor device has not been in place since early June and given the number of children in the neighborhood and constant traffic flow, there is a real risk of an accident.

Judith and Steven Marcus, Highland Park residents, commented on the sidewalk installation guidelines. They noted that installing sidewalks on University Avenue is intrusive to the character of the community and environmentally unsound. They stated that in order for the City to install sidewalks, they would have to tear down trees, landscaping, light posts, etc. They noted that many of the trees have been in place since the area was developed about 65

years ago. They explained that a sidewalk on University Avenue was recently proposed and was defeated by the residents and the residents have indicated that they do not want sidewalks. They stated that the City sent communication noting that there was no support for sidewalks on University Avenue and no new requests would be considered for three years. They requested the City honor their commitment.

Marla Portman, Highland Park resident, opined on the proposed treatment of non-responses in the proposed Sidewalk Guidelines. She explained that the proposal states that a non response by any affected property owner will be considered a "yes" vote and asked what theory compels the City to believe this is a good and proper democratic principle. She asked why the proposed approach was more appropriate than considering non-response as a "no" vote. She stated that non-responses should not factor in any way into the results. She noted that this element of the proposed guidelines gives the appearance that the Council has an agenda and is willing to unfairly tip the scales of justice in its favor and the element should be rejected.

Mark Portman, Highland Park resident, stated that he believed the City's proposed new Sidewalk Guidelines was possibly the most perverse, disingenuous and cynical example of bad governance he has seen in a long time. He asked why the City encourages citizen involvement while ultimately and universally retain the right to control the fate of any such subject. He noted that if citizens wish to have sidewalks but the Council decides not, or likewise the citizens do not want sidewalks but the Council decides it does, in both cases the voices of the citizen are ignored. He explained that the Council is exposing itself to harsh criticism if they adopt this portion of the guidelines. He noted his strong objection to exempting plans developed by BikeWalk HP2030 and Move HP from the guideline. He noted that if the Council intends to act on plans developed by these two committees, why not solicit community opinion especially from impacted property owners. He requested the City honor their commitment to not consider sidewalk requests on University Avenue for the three year time period that was communicated.

Jorie Houlihan, Highland Park resident, noted that the neighbors on University Avenue were requesting sidewalks on their street because it is an accident waiting to happen if they are not installed. She noted that there is no safe way for kids living on University Avenue to walk to school and the street is known as a cut-thru to get to or from Lake Forest. She provided

information about her experiences walking on the street. She noted how the topic of sidewalks has become a contentious issue. She explained that people complained that it would require a ton of trees to be cut down and then it was that people would have to shovel the sidewalks. She opined on how people were bullied and harassed as well as there being lies spread and misinformation provided about the installation of sidewalks. She asked why people who don't respond to the form are automatically "no" votes.

Jeff Winton, Highland Park resident, noted that Maple Avenue from Sheridan Road to St. Johns is badly in need of repair and curbs. He explained that the street is deteriorated in several areas and the street is especially in need of curbs because it has a lot of parked cars during Highland Park High School events. He stated that individuals seem to think parking a foot or so onto the grass on the south side of Maple Avenue is a good idea so each year the front yards on the south side of the street lose another few inches of grass.

Kris Walker, Ravinia Brewing Company owner, expressed his appreciation as to what the City has done to enable restaurants to be open and operating during the pandemic. He discussed the environment that has been created to bring together the community into a great gathering location that allows family and friends to enjoy each other's company while maintaining the social distancing requirements. He noted that winter is coming and there is

uncertainty as to what may come with indoor dining. He requested that the City review extending the closer of Roger Williams beyond the November 2nd cutoff date to continue to allow for the possibility of outdoor dining experiences.

Mayor Rotering thanked Mr. Walker for joining the meeting and working so well with the City. She noted that options are being considered and that the City is working across all business districts to make sure that everyone has as many options as possible. She noted that the closure is until November 2nd and now it is a matter of what options are available to extend the outdoor experience. She thanked everyone for their public comments and that all will be considered as the City moves forward in reviewing policies in the future.

SCHEDULED BUSINESS

ITEMS FOR OMNIBUS VOTE CONSIDERATION

Mayor Rotering pulled item 1 from omnibus vote consideration.

Councilman Blumberg requested to pull item 13 from omnibus vote consideration. Councilman Holleman requested to pull item 2 from omnibus vote consideration.

City Manager Neukirch noted that there have been no public comments regarding any of the items on the consent agenda.

Councilman Knobel moved to approve items 3-12 and 14-16 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: Alyssa Knobel, Councilman

SECONDER: Daniel Kaufman, Councilman

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

Administration

3.Adoption of a Resolution (R95-2020) by omnibus vote consideration titled, “A Resolution Authorizing the Release of Minutes of Certain Closed Meetings of the City Council and of the Committee of the Whole of the City Council”.

Finance

4.Adoption of a Resolution (R96-2020) by omnibus vote consideration titled, “A Resolution Ratifying the Execution of an Intergovernmental Agreement between the City of Highland Park and County of Lake”.

5.Adoption of an Ordinance (O51-2020) 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, 2020 and Ending December 31, 2020 Related to the City's General Obligation Refunding Bonds Series 2020”.

Public Works

6.Adoption of a Resolution (R97-2020) by omnibus vote consideration titled, “A Resolution Approving a Construction Engineering Agreement with Ciorba Group Inc. for the Clavey Road Reconstruction Project”.

7.Adoption of a Resolution (R98-2020) by omnibus vote consideration titled, “A Resolution Approving a Local Agency Agreement with the Illinois Department of Transportation for the Clavey Road Project”.

8.Adoption of an Ordinance (O52-2020) by omnibus vote consideration titled, “An Ordinance Amending Chapter 77 of the City Code, Adding a Stop Sign in Both Directions on Forest Avenue; at the Intersection with Ravine Drive as Supported by the Traffic Management Committee”.

9.Adoption of a Resolution (R99-2020) by omnibus vote consideration titled, “A Resolution Approving a Bill of Sale between Albion Jacobs Highland Park, LLC and the City of Highland Park for Acceptance of the Public Water Main Improvements”.

10.Adoption of an Ordinance (O53-2020) 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, 2020 and Ending December 31, 2020 Related to Forestry Funds”.

11.Adoption of an Ordinance (O54-2020) by omnibus vote consideration titled, “An Ordinance Declaring Certain Property Owned by the City of Highland Park to be Surplus”.

12.Adoption of an Ordinance (O55-2020) by omnibus vote consideration titled, “An Ordinance Waiving City’s Purchasing Policy, Due to Municipal Partnering Initiative Bidding, to Authorize Award of the 2020/2021 Asphalt Materials Unit Price Contract to Peter Baker & Sons Co., of Lake Bluff, Illinois”.

Community Development

14.Adoption of a Resolution (R100-2020) by omnibus vote consideration titled, “Resolution Approving the Preliminary and Final Plat of the 1456 Ridge Resubdivision at 1456 Ridge Road”.

15.Adoption of a Resolution (R101-2020) by omnibus vote consideration titled, “A Resolution Approving a Second Amendment to the Memorandum of Understanding with Albion at Renaissance Place, LLC”.

16.Adoption of a Resolution (R102-2020) by omnibus vote consideration titled, “A Resolution Ratifying a Minor Amendment to the Ravinia Festival Planned Development”.

ITEMS REMOVED FROM OMNIBUS VOTE CONSIDERATION

1. “A Resolution Supporting the Metropolitan Mayors Caucus' Community Solar Clearinghouse Solution Program”.

Mayor Rotering noted that it was recommended by staff that no action be taken on this agenda item and the item will be placed on a future Committee of the Whole agenda for discussion.

2. Adoption of a Resolution (R103-2020) titled, “A Resolution Approving an Agreement with the Metropolitan Mayors Caucus to Host a Greenest Region Corp Member”.

Councilman Holleman asked for confirmation that with the recent need for budget cuts, the money that is budgeted for this position is not taking away from a City established position.

City Manager Neukirch noted that the City has been reviewing every single line item in the budget and trying to save expenses where ever possible. She explained that staff has evaluated the Greenest Region Corp program and believe that it is beneficial to the City. She noted that 50% of funding for this position is paid by the AmeriCorps program and the remaining 50% is paid through the City’s Sustainability Fund, where most of the regular positions for the City are paid through the City's General Fund. She explained that the money that has been allocated for this position cannot be used towards a regular position and have that individual just work on sustainability projects because it would be contrary to the agreement that has been established with the Metropolitan Mayors Caucus and the requirements of the AmeriCorps program. She noted that information regarding the current Corp Member's work has been provided and staff believes this position is worthwhile.

Councilman Holleman noted her appreciation for the explanation.

Councilwoman Stone moved to approve a Resolution Approving an Agreement with the Metropolitan Mayors Caucus to Host a Greenest Region Corps Member. Councilman Blumberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Kim Stone, Councilwoman

SECONDER: Anthony Blumberg, Councilman

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

13. Adoption of an Ordinance (O56-2020) titled, “An Ordinance Amending Sections 24.005, 33.1133, and 170.122 of “The Highland Park Code of 1968,” as Amended, Regarding the City’s Demolition Regulations”.

Councilman Blumberg noted that he supports the reinstatement of these amendments that were inadvertently left out of the previous Code amendments. He explained that unfortunately, late in the process, he noted that there was language missing that was intended to be in the amendment that is consistent with the policies that are expressed. He noted that the amendments allow for the termination or the cutting off of the demolition delay under certain circumstances. He recommended proposed additional clarification language should be added but rather than guessing what that should be, he suggested that there be no vote on the ordinance and have further discussion at the next Committee of the Whole meeting.

City Manager Neukirch noted that she had the proposed changes that were provided by Councilman Blumberg and could display that for Council’s review or the Council could discuss the proposed changes at the next Committee of the Whole meeting.

Corporation Counsel Elrod noted that he spoke with Councilman Blumberg and while the language may seem innocuous, this was a very heavily debated and discussed concept. He stated that it was his suggestion that instead of discussing it at tonight's meeting, he recommended having the discussion at the next Committee of the Whole meeting. He noted that the error happened because of the codifiers but the law still exists, it’s just not codified into the City's Code book.

Mayor Rotering asked if it was a motion to postpone to a date uncertain or what would be the recommended motion.

Corporation Counsel Elrod asked City Manager Neukirch if there was time on the next Committee of the Whole agenda for the discussion to take place.

City Manager Neukirch confirmed there was time available.

A majority of the Council was in favor of moving the discussion to the next Committee of the Whole meeting.

Corporation Counsel Elrod noted that the amendments need to be codified and put into the City's Code book.

Mayor Rotering asked if the Council was in favor of approving the ordinance as is and have the future discussion at the Committee of the Whole.

Councilman Blumberg noted that from his conversation with Corporation Counsel the there is no harm in continuing the approval of the ordinance to the next City Council agenda.

Councilman Holleman noted that this is already law and that it sounds like text is being copied from one place to another to codify information that is already existing. She stated that any change to the information would be a change to the current law and that is what it sounds like is being proposed.

Corporation Counsel Elrod stated that Councilman Holleman's statement is correct. He noted that he does not want to put words in Councilman Blumberg's mouth but that Councilman Blumberg believes his proposed language is consistent with the intent of the Council and it may have been omitted in the first place. He stated that he hasn't had time to consider that proposal and the Council has not had time to consider the proposal either.

Councilman Holleman explained that since the law has already been passed and the law is already on the books, she was inclined to move forward with approving the ordinance so that the amendments are in place, and what Councilman Blumberg is requesting should be given full consideration when changing the law.

Councilman Blumberg stated that he is not asking for a change in the law. He explained, respectfully, that there was language omitted which is consistent with what was debated and agreed to. He stated that he wants to make sure that it is accurately reflected as to what was intended and if there is not a mistake, then the language should not be included but rather than pass, what he believes, erroneous reflections of what was decided, there needs to be a discussion.

Councilman Holleman stated that it is her understanding that the discussion already took place.

Councilman Blumberg stated that the discussion is not reflected in the language of the ordinance, in his opinion. He is requesting that others take a look at the language as well.

Councilwoman Stone noted that she would be more comfortable waiting to approve the ordinance given that there may be an error that needs to be corrected. She stated that she would like to wait and discuss what is being proposed to make sure the language is correct before there is a vote on it.

Councilman Kaufman agreed that it would be good to give the Council some time to review and there doesn't seem to an urgency, or downside or prejudice by waiting.

Councilman Stolberg stated that as long as Corporation Counsel confirms there is no urgency to have this approved tonight because it is already an existing law, he would rather wait and clarify, than vote on amendments that would have to be redone.

Councilman Holleman noted that there may not be four people in favor of not approving the ordinance. She opined on reopening a discussion that has already been had at length.

Councilman Knobel stated that there is no harm in having an overview of what was discussed and decide if there is an error. She explained that if the topic is being discussed again, the City owes it to the people that contacted the Council and staff about the issue in the first place to notify them that the Council is reviewing the discussion again.

Mayor Rotering asked if Council members have been contacted about this topic.

Councilman Knobel opined on her confusion as to what is being discussed currently. She noted that is sounds like there is an error possibly, but a conversation is being reopened that was had in the past that was very controversial. She asked for clear clarification as to what action is being requested right now.

Councilwoman Stone noted that her understanding is that Corporation Counsel was checking to see if there was an error made in the language based on when this topic was originally discussed, not that Councilman Blumberg was interested in reopening the conversation in its entirety.

Councilman Blumberg stated that he is not looking to change the policy; he accepts the policy and supports the policy. He explained that he believes there is a small error in some language that was omitted to make sure that the policy was discussed and reflected from the public meetings and the decision of the Council was properly reflected in the way the language has been drafted.

Councilman Holleman stated that she may not understand correctly but the policy is law as it was passed and if there was an error it should have been corrected previously. She noted that this is the law and it is just supposed to be codified for the technical detail.

Corporation Counsel Elrod stated that was correct. He explained that there was an ordinance that was adopted by the Council in 2018 after much discussion.

Councilman Holleman stated this is the law as it stands.

Corporation Counsel Elrod noted there was a glitch and it has nothing to do with Councilman Blumberg's comments. He stated that the reason why tonight's ordinance has been put on the agenda was because it was discovered in 2020, when the Code was recodified, the provision was erroneously left out.

Councilman Holleman stated that it was a scrivener's error. She noted that this ordinance is putting back into the Code what was erroneously left out. She explained that if there was a discussion about minor changes to what is being amended, there is a change to the law which means there should be a full conversation about it if that is what is being requested. She stated that, just because it was left off, it does not make sense to go back and start editing the language. She noted that she would not support reopening the discussion but she would support approving the ordinance to take care of the scrivener's error and then go through the process to edit the policy, should it be warranted.

Mayor Rotering sought clarification as to what is really being requested, is it a scrivener's error or an amendment to something that has already been approved.

Councilman Blumberg noted that he believes it is an editing error that doesn't change the substance of the law. He stated that he was unsure as to what the concern was. He noted that if the ordinance is approved tonight and a discussion is had later, it takes the same amount of effort as if the ordinance is not approved tonight, discuss it later and approve it after the discussion.

Mayor Rotering stated that it is a question of potentially not remembering what the nuances were of that very contentious conversation. She asked Corporation Counsel Elrod how this can be handled that doesn't involve a higher policy conversation.

Corporation Counsel Elrod explained that the conversation is discussing two possible issues. He stated, as he explained to Councilman Blumberg, that he did not think tonight was the time to add the language that is being requested; that would not be good practice. He explained that the only question that should be considered tonight is whether or not the Council approve the ordinance as it was originally drafted in 2018 and give an opportunity for Councilman Blumberg to propose the amendments later. He explained, after listening to the arguments that are being made, the simplest thing to do is adopt the ordinance in its current form, which does exactly what was done in 2018. He stated that if there was an error in the way in which the 2018 ordinance was ultimately drafted, Councilman Blumberg has the opportunity, with support of the Council, to put the proposal on the table and have a discussion.

Councilman Blumberg stated that he was comfortable with what Corporation Counsel Elrod stated.

Mayor Rotering stated that her preference would be to have a motion to approve the ordinance as is and Councilman Blumberg can provide the Council his proposed edits that he is concerned about. She noted that time can be set aside at a Committee of the Whole meeting or review via email to see if there is any substantive issues that need to be addressed for codification.

Councilman Stolberg noted his appreciation of Corporation Counsel's clarification because he was not in favor of reopening the discussion regarding changing the policy. He stated that what he understood was that Councilman Blumberg was explaining that what is being asked to be approved tonight did not accurately reflect the policy that was agreed upon. He agreed with Councilmen Holleman and Knobel that the policy discussion should not be reopened.

Councilman Blumberg clarified that what he is recommending will not change the policy in any way or diminish the authority of the City Council to reduce or terminate a tear down delay.

Councilman Holleman moved to approve an Ordinance Amending Section 24.005, 33.1133 and 170.122 of "The Highland Park Code of 1969", as Amended, Regarding the City's Demolition Regulations. 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, Knobel, Holleman

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

Administration

17. Consideration of a Motion to Extend the Emergency Declaration for the City of Highland Park, originally entered on March 14, 2020

Councilman Holleman asked City Manager Neukirch to outline the importance of extending the Emergency Declaration.

City Manager Neukirch provided information as to why it is important for the City to continue to extend the Emergency Declaration during the pandemic. She noted that the Emergency Declarations are available for viewing on the City's website.

Councilman Stolberg moved to extend the Emergency Declaration for the City of Highland Park, originally entered on March 14, 2020, to the adjournment of the City's next City Council meeting on September 14, 2020. 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

BUSINESS FROM THE COUNCIL

There was none.

BUSINESS FROM CITY STAFF

There was none.

ADJOURNMENT

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

The City Council adjourned its meeting at 6:21 PM.

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