City of Highland Committee of the Whole met April 11.
Here are the minutes provided by the committee:
CALL TO ORDER
At 5:53 PM, Mayor Rotering called the meeting to order and asked for a roll call:
PRESENT: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer
ABSENT: None
STAFF PRESENT: City Manager Neukirch, Community Development Director Fontane, Assistant City Manager Jason, Police Chief Jogmen, Assistant City Manager/Public Works Director Kanapareddy, Finance Director Logan, Fire Chief Schrage, Community Development Deputy Director Later, Communications Manager Civitello, Human Resources Manager Taub,
Deputy City Clerk Palbitska
ALSO PRESENT: Corporation Counsel Elrod
APPROVAL OF MINUTES
1. Approval of the Minutes of the Regular Meeting of the Committee of the Whole Held on March 14, 2022
Councilmember Stolberg moved to approve the Minutes of the Regular Meeting of the Committee of the Whole Held on March 14, 2022. Councilmember Blumberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.
| RESULT: ADOPTED [6 TO 0]
MOVER: Adam Stolberg, Councilmember SECONDER: Anthony Blumberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Holleman, Lidawer PRESENT: Councilmember Stone |
1. Proposed Agreement with Lakeshore Recycling Systems (LRS) for the Collection of Commercial Solid Waste Hauling & Disposal Services,
Commercial Recycling Services, and Commercial Organic Materials Services for the period between April 1, 2022 and March 31, 2027
City Manager Neukirch noted that City staff recommends a five-year agreement with LakeShore Recycling, consistent with the residential agreement. She explained that following a consensus from a majority of the Committee, an updated agreement will be drafted and presented at a future City Council meeting for formal consideration.
Assistant City Manager Jason presented information regarding the proposed
commercial agreement with LakeShore Recycling.
Councilmember Lidawer noted that Assistant City Manager Jason had discussed the recycling rebate and how that would not be occurring going forward. She asked what the previous rebate was, per year, within the last five years.
Assistant City Manager Jason noted that she did not have the exact numbers but staff could work on getting the information for the Committee. She provided information as to how the program was structured.
Councilmember Lidawer noted that she would appreciate the information when it is available.
Councilmember Stone requested clarity that there are two different payments, a franchise payment and the rebate that was discussed. She noted that the recyclables payment varies based on market cost of the materials being recycled.
Assistant City Manager Jason noted that was correct.
Councilmember Holleman noted that there was not a market for the recyclables right now.
Councilmember Stone asked if the service prices that were presented were per week or per month; the residential contract was presented with the monthly prices and she was requesting clarification on that point.
Assistant City Manager Jason noted that they were monthly prices for weekly service.
Councilmember Stone asked if the compactor prices included the rental of the compacting device.
Assistant City Manager Jason noted that she would need to confirm but she believed it was included.
Josh Connell, President of LRS, noted that there is a separate compactor rental pricing.
Councilmember Stone noted she was reviewing the pricing for cubic yards versus four cubic yards compacted, where the compacted price is much higher.
Mr. Connell noted that he has never seen a four cubic yard compactor in Highland Park.
Councilmember Stone noted that the eight yard compactor pricing was higher as well.
Mr. Connell noted that there were no eight yard compactors in Highland Park either, but the information was in the original contract and came over with the information from the old Advanced Disposal contract.
Walter Willis, Executive Director of Solid Waste Agency of Lake County ("SWALCO"), noted that those were options if commercial properties wanted them. He provided information as to why the compactor rate was so much more expensive.
Councilmember Stone asked if it was important to keep those numbers within the contract.
Mr. Willis noted that it was, just in case there was a business that wished to have the compactor. He explained that most of the prices do not get used by the commercial entities and that 40% are in the two yard cubic level but there may be future business that come in, that want the flexibility.
Mr. Connell agreed the comments that were made by Mr. Willis.
Mr. Willis noted that an analysis was conducted based on the number of users in the City and again the outcome demonstrated that 40% of the users were in the one to two cubic yard area with once a week service.
Councilmember Tapia asked what the sense of the price increases were and how they were going to impact businesses. He asked if the majority of businesses fall within the once a week pick up, what does the break down for the other businesses look like.
Assistant City Manager Jason noted that the price increase overall is less than what the CPI would be. She noted that the increase overall would be about 5.3% and while that does sound high, the dollar over dollar increase is very minimal.
City Manager Neukirch added that the increase is very competitive as staff did review other municipal contracts as well.
Mr. Willis explained that eight of 50 or so communities in Lake County actually have a commercial franchise agreement, 30 municipalities within the state, and they are very difficult to do because of how complicated the process is to put the agreement together. He noted that the reason why the agreement is in place is because the City is assisting in saving the business community a significant amount of money. He stated that he would be able to get the information in regards to the breakdown in the kinds of services being utilized by the business community.
Councilmember Holleman noted that this is a very comprehensive, spelled out agreement. She voiced her appreciation for having a franchise agreement in place for the business community. She stated that she is comfortable moving forward with the proposed agreement that was presented.
Councilmember Stone echoed the thanks Councilmember Holleman just noted. She stated that this was well done and she was comfortable moving forward as well. She noted that the City should stay in contact with the hospital to make sure they are comfortable with the decision that is being made because there were some issues with the last contract.
The Committee was in consensus to move forward with what has been proposed.
2. Outdoor Dining in Public Right-of-Way Program
City Manager Neukirch introduced the Outdoor Dining Program. She noted that staff was seeking Committee feedback if there were any changes or new policy
considerations desired. She explained that a no-cost outdoor dining and use of the public right-of-way ("ROW") permit was established during the pandemic to encourage and support outdoor dining and other commercial use in the public ROW.
Community Development Director Fontane presented procedures and parameters for the City's outdoor dining program; the presentation focused on the use of the public ROW for outdoor dining.
Mayor Rotering noted that everyone is a fan of outdoor dining and voiced her appreciation for how staff was able to be flexible and nimble during the pandemic. She explained that she had in mind two main users of outdoor dining that uses the City roads by setting up furniture in the ROW. She asked how the City addresses the needs of neighboring businesses and residents because there are some businesses that do not want to get other businesses in trouble, while there are some businesses that are more assertive than others. She stated that she believes the City has asked a lot of other businesses and other restaurants to allow for outdoor dining to expand. She noted that the concerns have been parking for neighboring businesses and noise. She asked who was enforcing the removal of outdoor furniture overnight and who is enforcing the music issues that seem to be coming with regularity. She noted that she wanted to ensure there was accessibility to those that needed it on the sidewalks and getting to the businesses in general; she recognizes that the agreement is a five foot width but if an individual is in a wheelchair, that is kind of tight and she wants to make sure that accommodations are provided to everyone fairly. She asked who was keeping track of and reviewing where generators are being placed, as well as the pollution and noise that is being produced by them. She noted that there were extensive conversations regarding Ravinia Brewing, their beer garden and how many days they could have certain types of music; she asked why they were requesting to use the parking spaces in the front of the business when they had a beer garden in the back of the business.
City Manager Neukirch noted that the City is attempting to create a balance of being responsive and addressing concerns that are received. She stated that the parameters that were presented by Community Development Director Fontane really reflect that balance that is being sought. She noted that there are two restaurants that are using the parking spaces in front of their business and staff did review their requests to expand the area but it was decided that they could only utilize up to three spaces to allow for curbside parking and other parking spaces to be available to for other businesses. She stated that staff does communicate that there is an adjoining parking lot available in the Ravinia Business District that is available to the public. She provided information as to the review process for outdoor dining applications. She explained that in general, Community Development staff are the ones that are enforcing during business hours that is not considered a safety issue. She noted that if there are calls that do come in after hours or they are related to safety concerns, those calls are directed to the Police or Fire Department. She included Business Development as another point of contact for issues that are not related to inspections or life safety issues.
Mayor Rotering noted that it was her understanding that the furniture needed to come in at night and asked how the City can diminish the burden that is created by all of the noise of outdoor dining and outdoor music.
City Manager Neukirch explained that the businesses are not required to bring in the furniture on a nightly basis but it has to be cleared after the season and when the permit expires. She explained that staff will ensure there is accessibility in the area where outdoor dining is taking place and there are no life safety issues as well. She explained that the City did grant permission to Ravinia Brewing to maintain their outdoor furniture outside based on a unique circumstance.
Community Development Director Fontane noted that staff worked together to discuss how unpractical it is to have businesses bring in their furniture every night during the season.
Mayor Rotering stated that she was responding to what was being presented and wanted to understand what the cost was going to be to the community when businesses were bringing in their furniture on a nightly basis.
Community Development Director Fontane noted that what is being proposed and what has taken place for the last two years, the City would continue to allow businesses to have their outdoor dining furniture remain in place during the season but would be required to breakdown and bring in their furniture at the end of the season.
City Manager Neukirch stated that staff does try to say "yes" to everyone; staff is trying to work diligently with everyone to make sure that concerns are being addressed. She addressed the question as to why the City would allow a businesses to have music in the front of their business when they were granted approval to have music in the rear of their business.
Mayor Rotering stated that she is reflecting back on what others may be hesitant to say; that they feel they are frustrated and feel that they are not being heard. The loudest voices are getting the parking spaces that may be creating a detriment to businesses in the vicinity to these restaurants.
Councilmember Lidawer recognized how hard it is to create the balance that staff is working towards. She commended staff for their hard work on this program. She opined the benefits of the proposal and her approval of the work that has been completed by staff.
Councilmember Holleman echoed the comments that were made by Councilmember Lidawer. She thanked those businesses that were able to survive the last two years that were the worst in the history of the restaurant business. She discussed the importance of vibrancy within the business districts. She touched on the importance of allowing businesses to have their dining and entertaining in the front of their businesses to draw people coming into Highland Park to the businesses. She noted that she was not concerned with taking away some of the parking spaces to allow for an expansion in front of businesses for outdoor dining.
Mayor Rotering clarified the need to address those concerns of neighboring businesses because there are other small businesses that have felt that their voices have not been heard.
Councilmember Holleman noted that those businesses can address those concerns with the City Manager but she is unsure as to what the City can do for those businesses that are not willing to speak up.
Mayor Rotering stated that they do not want to upset their neighbors because they all have to coexist; they have tried and several of them have contacted the City Manager. She noted that balance is the key in these types of situations. She voiced her appreciation for the work that the restaurants have done to pivot during these difficult times.
Councilmember Stolberg echoed the positive statements that were made by Councilmember Lidawer. He noted that the City should not value outdoor space and loss of parking at the detriment of a neighboring business who feel they are losing out on opportunities because customers are not able to find somewhere to park. He explained that Ravinia Brewing has been a great business to work with on all aspects of their outdoor beer garden but what he has heard is that the outdoor space in front of the business is in an area where there are prime parking spots and provided some examples of where parking could be available throughout the Ravinia Business District. He explained that the parking in front of Norton's wasn't that big of an issues because there are a plethora of parking spots throughout the area where the restaurant is located but the concern that needed to be addressed came from the neighboring business when Norton's wanted to expand their dining while the business next door was closed. He noted that he wants to make sure that decisions are being approved by the City and not neighbor to neighbor. He stated that he is in favor of continuing outdoor dining. He noted that staff should continue to encourage businesses to provide outdoor dining in the ROW as long as it does not interfere with accessibility. He opined on the enforcement of noise that is created by music. He asked Community Development Director Fontane as to how much revenue was going to be brought into the City based on the permitting fees that were presented and if it may be beneficial to continue to waive those fees for the next few years.
Community Development Director Fontane noted that it would be about $5,000 based on the review of permits that were requested in the last few years. He provided clarification as to outdoor dining that takes place on the sidewalk and outdoor dining that takes place within the City ROW.
Councilmember Stolberg and Community Development Director Fontane discussed how it would be $150 in total, not per parking spot.
Councilmember Blumberg noted that the discussion is kind of twofold; supporting local businesses and maintaining the vibrancy of the business district. He noted that there continues to be a comparison of Highland Park to Highwood and asked City Manager Neukirch how the fees and taxes differed between communities because both seem to be completely different.
City Manager Neukirch stated that staff can do a comparison of liquor license fees because those are different across all municipalities but the recent survey that was conducted was based on how much other municipalities are charging for outdoor dining permits. She noted that Highwood was found to be the highest at $500 per application for public parking spaces but $25 for a basic application on the sidewalk.
Councilmember Blumberg asked if the taxing and licensing structures were similar and if there were things they were foregoing but the Highland Park was not.
City Manager Neukirch noted that Highwood does not have a food and beverage tax whereas Highland Park does.
Councilmember Blumberg discussed how comparing Highland Park to Highwood may not be appropriate. He voiced his appreciation for the desire to assist businesses that are struggling, especially restaurants, but all businesses as a whole. He voiced his appreciation for the parameters that were presented and opined on what is allowed to be in front of businesses should only extend to their property line. He explained that he wants to encourage creativity but there should be a clear framework to protect the interest and rights of surrounding businesses and adjacent property owners.
Mayor Rotering stated that we all want it to be fair; the City wants to be able to support businesses but it needs to be fair to all.
Councilmember Tapia stated that he was in favor of moving forward based on what his fellow Councilmembers have stated and noted that he wanted to add another reason as to why continuing the program was beneficial and that would be Ravinia Festival. He voiced his appreciation for the balance that staff is attempting to create. He noted that he believed the 8:00 PM cut off for acoustic music during the week may be a little too early and asked if anyone else might advocate for a 9:00 PM cut off time. He stated that he was in agreement with the other hours that were presented as part of the parameters of the permit. He asked what was meant by the cut off time; was that cleaning up, ordering food, etc., because it does leave for some ambiguity. He opined on the proposed permit fee. He asked if there was clarification for businesses to make a special request with the City Manager.
City Manager Neukirch reviewed the hours of operation and that the hours are for service, which means that businesses should no longer be providing services after the established time periods. She noted that she is asking for the Committee's feedback on Councilmember Tapia's request for changing the 8:00 PM cut off time to 9:00 PM.
A majority of the Committee was not in favor of making that change because it is not in line with the City's nuisance ordinance.
City Manager Neukirch addressed the ability for businesses to request accommodations if needed.
Councilmember Stone voiced her appreciation for the staff report and the supporting information that was provided based on what other communities were doing. She agreed that the City wants to support the restaurants in the area and increase vibrancy with outdoor dining. She agreed that the City needs to be fair and balance the needs between businesses and the neighbors. She voiced concern with the noise that may be created by the cleanup of the areas.
Councilmember Blumberg recalled that City Manager Neukirch noted that businesses do have the opportunity to request an exception if a business does want to extend their outdoor dining space and asked if that was for a special use permit or if that would be throughout the summer.
City Manager Neukirch noted that it would be part of the review process when the application is submitted. She stated that she is looking for some feedback from the Committee because there seems to be a few different things being stated. She noted that some members support the allowance of up to three parking spaces and some are hesitant. She stated that the City is attempting to provide a balance of outdoor dining that attracts people to the businesses but also recognizing that some neighboring businesses may be losing access to public parking. She asked for feedback if staff should continue to work on the balance or only allow businesses the space that is right in front of their business.
Councilmember Blumberg noted that it is not only the parking spaces but that some businesses are using the sidewalk during the day time in front of active businesses because the adjacent businesses are too afraid to raise any opposition of that use. He stated that he doesn't want that option at all.
Mayor Rotering stated that the other piece of this issue is only allowing for the 15 min parking space which is not useful for the patrons visiting the businesses because they need more time.
Councilmember Blumberg stated that some businesses that are not open at night may not have an objection to the expansion at night but he was unsure as to how that can be done without an objecting business being identified.
Mayor Rotering noted that we should take that burden off the neighboring businesses.
Councilmember Lidawer noted that night time may be the best delineation because if those shops are going to be closed at night, that's when the expansion should be allowed.
Councilmember Stolberg noted that overall the proposal was excellent and not everyone is going to be pleased no matter what is done. He stated that giving up three parking spaces may not be the deciding factor as to whether or not a business will continue to be in operation. He stated that it should be the decision of the City as to whether or not a business can expand its footprint when another business is closed, it should not be businesses making that decision.
Mayor Rotering noted that the 15 minute parking space is ultimately to benefit the restaurants and not the other businesses; there has to be a way to make it fair to all businesses within the area.
Councilmember Stolberg stated that maybe the 15 minute parking spaces could be eliminated because of the City is allowing for outdoor dining and there has to be some give and take. He commented on the concern regarding noise from clean up at 10:00 PM or 11:00 PM at night.
City Manager Neukirch explained how the 15 minute parking space is utilized by all businesses, not just restaurants. She provided information on the new signs that were put up for curbside pick-up.
Mayor Rotering voiced her appreciation for the explanation but businesses are feeling they are not being heard because their customers are not able to park close enough to get into the business, especially the elderly customers that frequent certain businesses.
Councilmember Holleman stated that it is public ROW and how a business that is closed after 5:00 PM may not have the right to control the area in front of their business.
Community Development Director Fontane reminded the Committee that this not like a special use permit but that this is a license that allows the City Manager to amend approvals to correct things if they don't work.
Councilmember Tapia echoed Councilmember Holleman in the fact that the City Manager should have discretion to be able to allow the particular exceptions that are requested.
Councilmember Lidawer agreed that it is the City's obligation to give direction but the City also needs to listen to what the business knows best about what they need in order to operate.
Councilmember Blumberg stated that he was comfortable with what Councilmember Holleman suggested in terms of allowing the City Manager the latitude to extend past a business when it is not within the business's regular business hours.
Councilmember Stone agreed with the compromise as well.
Mayor Rotering voiced her appreciation for all of the work that the businesses have put in during difficult times.
ADJOURNMENT
Councilmember Stone moved to adjourn. Councilmember Tapia seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Stone, Councilmember SECONDER: Andrés Tapia, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer |
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