City of Highland Park City Council met Oct. 13.
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, Councilman Stolberg, Councilwoman Stone, Councilman Kaufman, Councilman Blumberg, Councilman Knobel, Councilman 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
ALSO PRESENT: Corporation Counsel Elrod
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1. Approval of the Minutes of the Special City Council Meeting Held on September 29, 2020
Councilwoman Stone moved to approve the minutes of the Special City Council meeting held on September 29, 2020. Councilman Kaufman seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Stone, Councilwoman
SECONDER: Daniel Kaufman, Councilman
AYES: Mayor Rotering, Councilman Stolberg, Councilwoman Stone, Councilman Kaufman, Councilman Blumberg, Councilman Knobel, Councilman Holleman
Corporation Counsel Elrod noted that the meeting is being conducted virtually in accordance with the newly amended provision of the Illinois Open Meetings Act.
He explained that the steps required under the new amendment to the Act have been taken by the City. He stated that the City Manager is present at City Hall and City Hall is open. He noted that those individuals who desire to make a comment have been given several forums and opportunities in which to do so.
APPROVAL OF WARRANT LIST
1. Warrant List and Wire Transfers from September 18, 2020 to October 01, 2020.
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, Councilman Stolberg, Councilwoman Stone, Councilman Kaufman, Councilman Blumberg, Councilman Knobel, Councilman Holleman
REPORT OF MAYOR
A. Meet the City Recap
Mayor Rotering provided a recap of the Meet the City meeting that occurred virtually on October 8, 2020.
B. Online Voter Registration
Mayor Rotering noted that online voter registration closes at 11:59PM on Sunday, October 18, 2020. She stated that if individuals would like to register online to vote, they can visit ova.elections.il.gov. She explained that in person grace period registration will also be available at early voting locations. She noted that early voting at the Highland Park Country Club will begin on October 19, 2020 and early voting hours are from 8:30 AM until 7PM, Monday through Friday and 9AM to 5PM Saturday through Sunday. She stated that the Highland Park Police Department is not where early voting is taking place this year. She noted that if individuals needed more information regarding voting in the upcoming election, they can visit lakecountyil.gov or lakevoterpower.info and the Lake County Clerk's Office is available to answer any questions by phone at 847.377.VOTE.
C. City's Continued Flood Mitigation Efforts
Mayor Rotering provided information on the City's continued flood mitigation efforts.
BUSINESS FROM THE PUBLIC (Citizens wishing to be heard regarding items not listed on this agenda)
City Manager Neukirch noted that the City received public comments before the City Council meeting and read them into the record.
Teddy Kirsch, Highland Park resident and registered lobbyist for Harvest Health and Recreation, thanked the City for its continued commitment to the well-being of its citizens, as shown by allowing a discussion of Adult-Use cannabis sales and now by moving forward with a vote on the subject. He explained that bringing this vote directly reflects a desire to expand the welfare of Highland Park residents because it will ideally end with the City fostering a new and vibrant industry. He noted that if allowed, it will give the community not only an injection of extra tax revenue, but also a novel shopping destination. He stated that due to the circumstances presented to everyone, there are not many options to improve the wellbeing of the people and to increase the tax base. He stated that it is his contention that allowing sales of Adult-Use cannabis will further both of those goals simultaneously and therefore should be allowed in Highland Park.
Grace Spencer, junior at Highland Park High School, opined on preventing marijuana dispensaries in Highland Park. She noted that she has been approached many times to try the substance and has seen what the effects are on her classmates. She noted that in her opinion, the more her classmates use, the less motivated they are in school. She explained that she was very concerned for the wellbeing and health of her classmates. She stated that she heard a dispensary may be placed by the Dunkin Donuts that is located near the High School and Wolters Field. She explained that by having a dispensary by a teen hangout is basically condoning the use of marijuana. She voiced concern that the City is sending a message to teens that marijuana is not harmful and is okay for teens.
Catherine Spencer, Highland Park resident, noted that as a mom of three youth, she strongly disagrees with having any retail marijuana dispensaries in Highland Park. She asked, if the City does move forward, the Council consider the following: 1) Only allow one marijuana dispensary, start slow with one dispensary and see how it goes; 2) Retail marijuana dispensaries would be allowed on Park and 41 by Dunkin Donuts, CVS and Starbucks. Please do not allow dispensaries by retail stores, especially ones that are particularly attractive to children and youth; 3) Include parks on the list of areas that dispensaries must be 1,000 feet away from; 4) Clarify in the ordinance that you will not allow on-site consumption. Allowing on-site consumption is inviting people to ingest marijuana and then drive while high. This concerns me, especially as a mom of two teen drivers; and 5) Limit the hours of operation to 8AM - 7PM. This will make it harder for "party runs" to occur in the later evening.
Olivia Alvarez, Highland Park High School student, noted what she really likes about Highland Park are the relationships and support the community provides and that allowing retail marijuana sales might have a negative impact on that. She explained that research shows that marijuana is addictive and harmful and when sales were legalized in Washington, the percentage of traffic deaths related to marijuana more than doubled. She shared that many students already have access to marijuana and vapes through friends and older siblings; they use them carelessly on school property. She voiced her fear that opening stores will only broaden student's access and reassure them that using marijuana is safe. She noted that no one has died directly from marijuana usage, but it affects the future in so many ways. She noted that advertisements will only encourage more use and perception of wrongness will only decrease. She voiced her concern for the health and wellbeing of her friends and peers.
Mark Portman, Highland Park resident, provided comments on MoveHP. He noted that he was confused and did not understand the message the City Council was trying to achieve for Highland Park. He asked if the City is trying to be 1) Eco-Green Tree City, 2) a MoveHP City, or 3) both. He explained that if the City is trying to achieve both, the City must decide how to resolve the unavoidable conflicts that will arise if MoveHP is implemented. He stated that nowhere in the plan is there a commitment to do no harm to the environment. He asked if an enlightened & progressive City willingly destroy trees or install impervious sidewalks exacerbating flooding problems. He noted that protecting the environment cannot only be practiced on a macro level; lot level decisions are just as important. He noted that he will not pretend to ever understand the Council's preoccupation with cyclists & sidewalks but nevertheless, the City can successfully implement MoveHP but only if it first acknowledges it will take all necessary steps to protect the environment when implementing MoveHP. He asked if the Council will acknowledge its highest priority is to protect the environment. He requested that the Council make this clear by amending the MoveHP document and that the citizens of Highland Park expect no less from their leaders.
Alex Lerman, Highland Park resident, noted that as a proud member of the Highland Park community, he supports the legal sales of adult-use cannabis in Highland Park.
Lauren Hansen, Executive Director for Stand Strong Coalition, stated that she would like to confirm and support the concerns brought up by the Community - The Anti-Drug ("CTAD") and Delta students regarding the discussion to allow retail marijuana sales by the City. She explained that studies have recently found a 25% increase in cannabis use disorder among 12-17 year olds in recreational legal states. She noted that dispensaries near youth- saturated areas like Starbucks and Dunkin Donuts reduce the perception of the risk of marijuana use. She stated that for the overall health and wellness of the youth, the City Council should not approve permits for retail stores in Highland Park.
Kim Radoy, Highland Park resident, noted that as a mom and a substance abuse educator for 20 years who has focused on preventing teen drug use, she is against allowing marijuana dispensaries in town. She stated that she understands that there are already plans to move forward with allowing up to eight dispensaries in addition to the possibility of on-site consumption and this action will not add any value to an already robust and flourishing town but it will very likely send the message to teens that marijuana is not risky and okay. She explained that today's marijuana is much stronger than in years past; in many cases, ten times more potent for flower with 30% THC, and over 90% THC in concentrated form. She asked if the Council really wants this drug sold right in town, in potentially 8 separate locations. She requested that the Council consider protecting the health and safety of young people first by saying no to the empty promises from the marijuana companies that have purported monies will flood in from pot sales. She noted that even if that were the case, the cost to society is far greater than any potential revenue. She explained that the teens are watching and we need to attract businesses that add a positive value, not a negative drain.
Barbara de Nekker, Executive Director of Community - The Anti-Drug ("CTAD"), noted that because CTAD's mission is to reduce marijuana use among youth in the community, the following information being provided is insight on how local marijuana stores may impact youth: 1) A recent study showed that young people living near dispensaries are more likely to use marijuana, use it more often and have more favorable attitude about marijuana; 2) While the law also requires age verification to purchase alcohol, tobacco and vapes, youth still obtain them through older friends/siblings, asking an adult to purchase it, using a fake ID, and other creative ways. They could do so for marijuana as well. A District 113 high school student reported buying partially used THC cartridges from college students; and 3) Many products, particularly edibles and vapes, have names and packaging that appeal to both teens and young children who may mistake the items for candy. The marijuana store in Mundelein sells marijuana popsicles, chocolate covered mangos, and "Peanut Budda Buddha" chocolate; because of the law, the City would not be able to regulate the type of products sold.
Vicky Sabot, Highland Park High School student, noted how she really likes how the community feels safe and is concerned that would change if the City allowed retail marijuana. She explained that research shows about 700,000 people are arrested for marijuana-related charges annually and the chances of becoming dependent on marijuana can be up to 50% for some users. She noted that as a teen in the community, she could confirm the ongoing drug problem at Highland Park and Deerfield High Schools. She stated that she went to Sunset Park and over 20 Deerfield High Schoolers came to the park to smoke and get high around 8 at night. She explained that these stores would not only add to the problem and increase the number of drug users, but risk the safety of those in the community.
Yaneli Betancourt, Highland Park High School student, noted that the one thing he liked about the community was how involved it was and how allowing retail marijuana may impact this. He explained that research shows that Massachusetts’s handicap discrimination law protects an employee that uses marijuana to treat "debilitating medical condition" and has a MA medical marijuana card. He further explained that the National Survey on Drug Use and Health found that 28% of women living in low-income areas tested positive for marijuana use during pregnancy. He voiced concern that parents will no longer allow their children to play outside due to them being scared people will be walking out under the influence of marijuana.
Mayor Rotering thanked the High Schoolers for their advocacy.
SCHEDULED BUSINESS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
City Manager Neukirch noted that for item 6, there were some recommended changes by the Council and there were two files posted to the agenda packet. She explained that information was posted on Thursday, October 8th and then on Monday, October 12th, information was reposted with tracked changes.
Councilman Knobel moved to approve items 1- 7, with item 6 being as amended, by omnibus vote consideration. Councilwoman Stone seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Alyssa Knobel, CouncilmanSECONDER: Kim Stone, Councilwoman
AYES: Mayor Rotering, Councilman Stolberg, Councilwoman Stone, Councilman Kaufman, Councilman Blumberg, Councilman Knobel, Councilman Holleman
Administration
1. Adoption of a Resolution (R116-2020) by omnibus vote consideration titled, “A Resolution Approving the Regular Committee of the Whole and City Council Meeting Schedule for 2021”.
2. Adoption of a Resolution (R117-2020) by omnibus vote consideration titled, “A Resolution Amending the Conditions and Restrictions for Private Signs and Displays in the Central and St Johns Pocket Park”.
3. Consideration of a Motion to Extend the Emergency Declaration for the City of Highland Park, originally entered on March 14, 2020 through the end of the next City Council meeting on October 26, 2020
Finance
4. Adoption of a Resolution (R118-2020) by omnibus vote consideration titled, “A Resolution Approving a Second Amendment to the Enterprise Resource Planning Software and Implementation Contract between the City of Highland Park and Tyler Technologies Inc., of Plano, Texas”.
5. Adoption of an Ordinance (O62-2020) by omnibus vote consideration titled, “An Ordinance Amending the City of Highland Park Annual Budget for the Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020 for Expenditures Related to the Ravinia Business District Lighting Contract”.
Community Development
6. Adoption of a Resolution (R119-2020) by omnibus vote consideration titled, “A Resolution Adopting the MoveHP Plan”.
Public Safety
7. Adoption of an Ordinance (O63-2020) 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 Ending December 31, 2020 for Receipt of a Carbon Monoxide Detector Grant and Related Expenditure of Funds”.
OTHER BUSINESS (the City Council will consider and then either approve or disapprove the following items)
Community Development
8. Adoption of an Ordinance (O64-2020) titled, “An Ordinance Amending the "City of Highland Park Zoning Code of 1997," as Amended, Regarding Conditional Use Permits for Adult Use Cannabis Dispensaries”.
Mayor Rotering noted that there have been many presentations, significant data and information has been provided within the agenda packet.
Councilman Kaufman voiced his concern of approval of the ordinance. He noted that he favors legalization and decriminalization of marijuana but there is potential unknown impact of allowing recreational dispensaries within the community. He explained that a number of the communities that were surveyed felt that it is too early for them to realize what the impact is. He voiced concern about the unintentional consequences to the health and safety of residents. He thanked the High School students for their involvement and advocacy. He noted that it is a particularly challenging time where there are other safety and health risks during the pandemic which has put an additional pressure on the Police and Fire Departments.
Councilman Blumberg agreed with the comments made by Councilman Kaufman. He noted that he did agree with the decriminalization of marijuana; it is a very important step. He noted that his concerns mirror Councilman Kaufman's, in regards to the issue of bringing a dispensary into the community. He stated that at the onset of the conversation a few months ago, before it was considered by the Plan and Design Commission ("PDC"), there was a discussion about having information as to how the dispensaries were going to function in the world; there really isn't a lot of information as to how that is going to occur in communities similar to Highland Park and around the country. He explained that it isn't a question about the health concerns, even though he is concerned about that but that is not really the driving force for his decision. He noted that the driving force for his decision is what a dispensary is going to do and the impact it is going to have on the City in terms of whether it will bring traffic issues, criminal issues, etc. He stated that the City does have a medical marijuana dispensary that has generally functioned pretty well within the limited community that it serves. He stated that until there was more information available regarding the impact on communities, he was not willing to approve having a recreational dispensary in Highland Park.
Councilman Stolberg noted that he had expressed his concerns when the conversations first started and that he has been at all of the meetings for the PDC discussions. He applauded the High School students who took the time and eloquently expressed their opinions. He noted that during at least two PDC meetings, he was surprised there was not much comment for either side from the general public. He stated that while the PDC has put a recommendation forward, he is comfortable with the security aspects and the ability to approve the ordinance however, he would not be in favor of allowing this in other zoning districts. He discussed the recommendation of 1,000 feet between each dispensary that would be allowed but would recommend 1,500 feet instead. He explained that the medicinal cannabis dispensary has proven to be responsible. He stated that he would be in favor of approval but only allow it to be in one location in Briergate and as there is more information and data available, then review at that time.
Councilwoman Stone voiced her support of the approval. She stated that recreational marijuana is legal in Illinois and people are going to be using it; if they are going to be using it, they should be able to get it safely. She voiced her comfort level with allowing multiple dispensaries and the area that has been chosen is ideal. She voiced her appreciation for what the High School students have stated and the area that has been chosen is away from schools. She reiterated what Councilman Stolberg stated, that anyone who enters needs to have an ID and show that you are of age to make any purchases.
Councilman Knobel stated that she agreed with the comments that were made by Councilwoman Stone. She noted that the City would be lucky if another dispensary would open in Highland Park; there are 175 licenses that are about to be given out and they are nowhere near Highland Park. She explained that the licenses are going to neighborhoods of need and neighborhoods of color; it will be a very long time before the City sees another application. She voiced her appreciation of the input from everyone and from the students.
Councilman Holleman echoed the comments that were made by Councilwoman Stone and Councilman Knobel. She noted that she was not in favor of limiting to a single dispensary because it seems like it would be unfair business practices to say that only one dispensary could have a license. She recommended that the Council move forward with the proposal as presented.
Councilman Stolberg noted that he did not want it to seem that the City was only favoring one dispensary and understands Councilman Holleman's comments. He stated that the recommendation from the PDC was to place the dispensaries 1,000 feet apart, which would allow for eight dispensaries in the recommended area. He noted that the other point of discussion that was talked about for a while was that the dispensaries would have to be 1,500 feet apart, which would then limit it to five dispensaries. He explained that it would create more distance between the dispensaries and it would prevent the area from becoming cannabis row.
Councilman Knobel stated that she would be comfortable amending it to 1,500 feet. She noted that while the businesses are not coming up to Highland Park currently, she would like to have a long term view of things.
Councilwoman Stone noted that she would be comfortable with the amendment from 1,000 feet to 1,500 feet. She explained that by making that amendment and allowing five dispensaries, it seems more proportional to the area, rather than eight businesses.
Mayor Rotering noted that the ordinance would be as amended that would allow for four or five dispensaries with 1,500 feet between each dispensary with zoning as originally outlined in the packet.
Councilwoman Stoned noted that there was an error in the packet regarding the east and west and asked if that had gotten fixed.
Corporation Counsel Elrod stated that it had gotten fixed.
Councilman Knobel moved to approve an Ordinance Amending the "City of Highland Park Zoning Code of 1997", as Amended, Regarding Conditional Use Permits for Adult Use Cannabis Dispensaries, as amended. Councilwoman Stone seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.
Corporation Counsel Elrod explained that what the City Council just approved is an enabling ordinance in its Zoning Code. He noted that there is not an application for a specific dispensary before the City Council; if and when there is, the application will be required to go through a special use permit process with a public hearing before the PDC and then an ultimate vote by the City Council.
Councilwoman Stone noted that she had discussed with the City Manager earlier about the tax that could be imposed by the City and asked where that stands.
City Manager Neukirch thanked Councilwoman Stone for the question and stated that the imposition of a tax was the next policy question and requested feedback from the City Council before an ordinance is prepared for formal consideration at the next City Council meeting. She explained that the State law does allow municipalities to impose up to a 3% tax for the retail sales of adult-use cannabis in quarter percent increments. She stated that it is staff's recommendation to tax up to the limit of 3%, which is comparable to what neighboring communities have done.
Corporation Counsel Elrod noted that the tax would not require PDC input but rather something the Council can consider directly.
Councilman Stolberg discussed the zoning district where the dispensaries would be allowed and noted that realistically, there would only be room for three dispensaries. He asked for confirmation that the ordinance approved will not allow for consumption on site, the City would have to take action to allow that to happen.
Corporation Counsel Elrod confirmed Councilman Stolberg was correct regarding the topic of no consumption allowed on site.
Community Development Director Fontane discussed the area within the recommended zoning district that Councilman Stolberg was referring to.
City Manager Neukirch stated that she would need feedback from the Council in regards to moving forward with preparing an ordinance to allow the City to tax at the 3% level.
The Council was in consensus with staff's recommendation.
BUSINESS FROM THE COUNCIL
There was none.
BUSINESS FROM CITY STAFF
COVID-19 Update, Roger Williams Street Closure, City's Public Buildings, 2020 Census & Q3 Major Projects
City Manager Neukirch provided an update on the City's efforts during COVID-19, the amended site plan for the closure of Roger Williams Ave., continued closure of public buildings to public walk-in business, 2020 Census, and quarter three major projects.
Councilman Kaufman noted that he heard that a court ruling may move up the end date of the Census.
Corporation Counsel Elrod noted that Councilman Kaufman summarized it correctly; there is some confusion as to what the final date is.
ADJOURNMENT
Councilwoman Stone moved to adjourn. Councilman Kaufman seconded the motion. On a roll vote, Mayor Rotering declared the motion passed unanimously.
The City Council adjourned its meeting at 6:17 PM.
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