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Sunday, November 24, 2024

City of Highland Park Committee of the Whole met April 25

City of Highland Park Committee of the Whole met April 25.

Here are the minutes provided by the committee:

CALL TO ORDER

At 6:00 PM, Mayor Rotering called the meeting to order and asked for a roll call:

PRESENT: Mayor Rotering, Councilmembers Tapia (arrived at 6:02 PM), 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, Fire Chief Schrage, Communications Manager Civitello, Business Development Manager Hersch, 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 April 11, 2022

Councilmember Stolberg moved to approve the Minutes of the Regular Meeting of the Committee of the Whole Held on April 11, 2022, as amended. Councilmember Stone seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]

MOVER: Adam Stolberg, Councilmember

SECONDER: Anthony Blumberg, Councilmember

AYES: Mayor Rotering, Councilmembers Stolberg, Stone, Blumberg, Holleman, Lidawer

ABSENT: Councilmember Tapia

SCHEDULED BUSINESS

1. The Lot Event Space Update

City Manager Neukirch stated that the City will transform the North St. Johns Parking Lot located at the intersection of Central Avenue and St. Johns into a flexible, dynamic event space called The Lot.

Communication Manager Civitello and Business Development Manager Hersch presented information regarding The Lot and noted that ten City-sponsored events will be coordinated from June through November 2022. They provided an overview of the purpose of the space, proposed improvements, and the current calendar of events.

Mayor Rotering thanked staff for the creativity that has gone into developing the concept.

Councilmember Lidawer thanked staff for their work on this project and discussed the excitement that has been expressed regarding The Lot.

Councilmember Stone echoed the thanks to staff for the work on this project. She noted that she had spoken with City Manager Neukirch earlier to see if a community contest can be completed to come up with a more creative name, similar to what was done for the new Paw-fficer.

Councilmember Tapia thanked staff for such an ambitious and creative approach to vibrancy. He voiced his appreciation for staff's dedication to measuring this project as we continue to understand what is working and what may not work. He explained that this is an opportunity for other entities to get involved with the community as well, based on the creativity that has gone into building this space.

Councilmember Stolberg thanked staff for their work on this project. He stated that there continues to be a good buzz in the community about this space and people are excited. He explained that there have been comments by some of the businesses as to the confusion of what may be required of them regarding involvement and suggested following up with the businesses so they have a full understanding.

Business Development Manager Hersch noted that the packet of information for businesses will be going out the next day.

Mayor Rotering voiced her appreciation for the update.

2. Business Development Strategic Plan 2022-2024

City Manager Neukirch stated that the 2022-2024 Business Development Strategic Plan sets for ambitious, achievable goals for the City of Highland Park to ensure continued business vitality and growth in the Community. She explained that in 2021, staff began undertaking a holistic update to the Strategic Plan in order to guide the City's objectives for the next three years.

City Manager Neukirch, Communication Manager Civitello and Business Development Manager Hersch presented highlights of the proposed Plan which was developed based on feedback from the public, Business and Economic Development Advisory Group ("BEDAG"), the Council and staff.

Mayor Rotering thanked staff for the work that has been done on this plan. She noted that she had a few questions she wanted to review. She stated that there are a few property owners that are not concerned about the appearance of their properties and the continued vacancies. She asked if there was a way that a tax can be implemented and wanted a better understanding as to how this issue may be resolved. She asked if there was anything legally the City can do.

City Manager Neukirch stated that the City did review the possibility of issuing a vacancy tax but found out it was not feasible. She explained that vacancy concerns

have been raised by individuals that have participated in focus groups, BEDAG, the Council and others that have been involved. She noted that a policy review has been set to re-examine what can be done, but there are legal concerns with implementing a vacancy tax.

Corporation Counsel Elrod provided information as to the legality of issuing a vacancy tax and what prohibits the City from being able to do that.

Mayor Rotering stated that she continues to bring this topic up because of the appearance of those vacant properties and how it is a detriment to the vibrancy of the business districts.

Corporation Counsel Elrod noted that there are incentives that can be provided but that is a different topic.

Mayor Rotering asked if there was coordination taking place across all of the business districts. She mentioned that Crossroads could use some attention in regards to accessibility and walkability. She voiced her appreciation for the Weekender and how wonderful that news piece is. She stated that there was a mention of 5.6% engagement and asked if that was a good metric or not.

Communication Manager Civitello stated that City staff is continuously working on increasing.

Mayor Rotering stated that she was looking forward to the Mayor's meeting. She noted that she recognizes the challenges that we face and that it is not just Highland Park but a capitalistic economy and there are a lot of entities involved.

Councilmember Tapia commended staff for a well thought out strategy. He noted that there needs to be a constant review of the appearance and vacancy of properties because that is causing a vibrancy issue throughout the business districts. He voiced his appreciation for all of the positive initiatives that have been thought of for this Plan. He voiced his concern regarding the capacity that is available to execute all of the ideas that have been presented. He requested staff continue to monitor the metrics and work hard to increase those metrics.

Councilmember Lidawer noted that she agreed that the vacancy issue needs to continue to be reviewed and provided insight as to what other states do in this regards. She stated that she likes the ideas of business surveys and suggested that they be completed more frequently at the beginning since it is a new concept and then spread them out as time goes on. She suggested looking to see how the City can encourage those businesses within the City to be activists within the community. She voiced her appreciation for the opportunity to provide input for the Plan and for the encouragement of input from multiple sources.

Councilmember Blumberg voiced his appreciation for holding this presentation after the presentation on The Lot. He noted that the responsibility of the City tends to end at the property line but the City can provide an easement and back drop for businesses to develop. He stated that he is looking forward to opportunities, like The Lot, to expand into the other business districts throughout Highland Park. He explained that the City is in a position to attract new businesses to the multiple business districts and provide opportunities for the community. He echoed the Mayor's comments in regards to the multiple vacancies. He voiced his concern with a vacancy tax because it seems like a very aggressive action and discussed other opportunities that could be provided for property owners.

Councilmember Stone thanked staff for putting together a comprehensive Plan. She noted that the Plan may be too comprehensive in the sense that it includes work that should be part of work plans within other parts of the City and may not need to be objectives of the Business Development Plan. She stated that there were topics that were brought forward by others and wanted to provide the feedback that was being sought. She mentioned the build out grants which were already discussed in length by the City Council and how there was no interest in using funds to support improvements on private property. She stated that a discussion surrounding the introduction of having bars in Highland Park should be had as part of the Plan.

City Manager Neukirch stated that staff is seeking policy feedback on some of the considerations that were presented. She explained that the build out grants were discussed at a Committee of the Whole meeting and a majority of the Committee was not in support of using City funds for improvements on private property. She noted that in the 3rd quarter, there will be an exploration completed to review incentives that can be offered above and beyond what is currently offered. She explained that the discussion surrounding expanding the City's current liquor licensing to include bars will take place because it was a reoccurring theme that was heard throughout the focus groups but it is not on the 2022 work plan right now; if there is a majority support from the Council, it will be added to the 2023 or 2024 City Major Projects work plan. She discussed TIF districts and the requests that were made to explore other TIF districts.

Councilmember Holleman noted that the vacancy tax was already discussed and was unsure how the conversation was directed back to it but if there were other incentives that could be offered, she would be interested in reviewing that; she was not in favor of the vacancy tax. She stated that she believed the City was antiquated in how we approach establishments and would be open to the discussion regarding allowing bars within the business districts.

Mayor Rotering and Corporation Counsel Elrod discussed that members of the BEDAG that wished to speak could not speak on behalf of the Advisory Group because a meeting of the Advisory Group was not called; if they wished to speak, they needed to speak as a resident, not a member of BEDAG.

Bruno Di Martino, Highland Park resident, discussed the Plan and voiced his concerns about some aspects of the Plan.

Stephanie Kerch, Highland Park resident, discussed the Plan and voiced her concerns about some aspects of the Plan.

Mayor Rotering, based on comments that were made, explained that there is a Building Code that property owners are held to and how staff has completed walk throughs with business owners to provide direction as to where certain areas need to

be improved and maintained better. She discussed operating hours of businesses and efforts that were put forth by staff and local businesses. She encouraged the community to interact with businesses to inform them of the need for extended operating hours but the City has done the best job they can at this point; it is up to the individual businesses.

Councilmember Blumberg discussed build out incentives and allowing a new tenant to participate in the incentive. He explained that the City does not limit business hours but that is a decision that is being made by the business themselves. He noted that the City can condemn a property if it is completely dilapidated but that is very hard to do when basic safety issues are met. He agreed with Councilmember Holleman's comments regarding the vacancy tax and that it is a very aggressive type action. He discussed how the City's vacancy rates compare to other municipalities.

Councilmember Tapia discussed how the community is coming out of COVID and once activities start ramping up, businesses may realize the hours they can be open based on what is taking place within the business districts; there is a benefit to see how the marketplace plays out and how things progress organically. He discussed vacancy rates and conversations he has had with property owners. He suggested the City review the vacancy rates in creative ways.

Councilmember Lidawer discussed the organic nature of business hours and the community's response to new businesses within the business districts. She voiced her appreciation for the work that has gone into bringing in new businesses.

City Manager Neukirch noted that the retail occupancy rate has increased from 85.3% at the close of 2020 to 91% at the close of 2021. She thanked the Council for their feedback and policy considerations as staff moves forward. She stated that staff will review the Plan based on the discussion this evening and follow-up will be provided if appropriate.

3. Nuisance Regulation Review Follow-up

City Manager Neukirch noted that this was a follow-up to the March 14th Committee of the Whole meeting pertaining to the City's nuisance regulations and specifically the City's response to noise complaints.

Police Chief Jogmen presented three options that are denoted for the Council's consideration. He explained that staff recommends option three which would entail a Code amendment that sets for alleged noise related violations which arise during the day will only be found to have occurred if supported by the signature and testimony of a complainant other than a City employee. He noted that noise violations that arise during the night will be found to have occurred if supported by the signature and testimony of a complainant other than a City employee, or can be corroborated by the observations of a responding City employee.

Councilmember Holleman and Chief Jogmen discussed the issuance of a citation on an anonymous complaint. They discussed whether or not a person who has a complaint against them can know who has called in the complaint.

Councilmember Holleman noted that she does not understand how a citation can be issued for noise when it is taking place during non-quiet hours. She believes that it is empowering the neighbors and it doesn't make sense.

Chief Jogmen discussed looking at both sides if the situation and how either situation can be weaponized. He explained that a majority of the situations are resolved before a citation is issued. He voiced concerns about not responding to calls or not possibly issuing a citation.

City Manager Neukirch emphasized the approach to anonymous complaints and repeat calls from the same individual or household.

Chief Jogmen stated that through the proposed Code amendment and process, individuals will have to put their name to pen and paper and provide evidence that a noise nuisance was really taking place; the burden is put on those that are complaining during the day versus the burden being put on the noise maker at night during the regular quiet hours.

Councilmember Holleman asked for confirmation that the officers cannot tell the complainant that a citation won't be issued because the noise is not taking place during non-quiet hours.

Chief Jogmen noted that an individual can push this issue right now and an officer can say that the noise is not disturbing your peace and a citation doesn't have to be written but the City does not want to be in the position where the officer is deciding what is disturbing to an individual; it is a tough position to put staff in. He explained that staff is trying to put it in a context that if the complainant really wants to push the envelope, they will have to go to court to explain to the hearing officer why they feel the noise is disturbing their peace. He voiced concern with not addressing these kind of complaints during the day just because they are outside the established quiet hours.

Mayor Rotering stated that we want to give the officers discretion and that there may not be a bright line that can be legislated because everyone is different in terms of what they can or cannot handle.

Councilmember Stone agreed with the comments that were made by Mayor Rotering. She voiced her appreciation for the work that was put in to survey other communities and the compromise that was proposed by staff. She stated that she was in favor of moving forward with staff's recommendation.

Councilmember Lidawer voiced her appreciation for the survey information because it was very helpful. She stated that it is crucial to send an officer on a call no matter what time of day the call comes in. She voiced her disappointment in not receiving responses from Lake Forest, Deerfield and Highwood since they are communities right next door to Highland Park and they are communities similar to Highland Park. She voiced her stance on anonymous calls and professional discretion.

Chief Jogmen provided background information on Lake Forest, Deerfield, Highwood, and Evanston.

Councilmember Blumberg thanked staff for their work on the presentation and the information that has been provided. He noted that he is comfortable with staff's recommendation and sees the Department as having those experiences to handle these types of situations. He explained that there will always be outliers and what is being recommended can mitigate some of the abuse that has been discussed.

Councilmember Tapia discussed legislating to the outliers and chasing down every type of situation that may occur. He noted that there needs to be the allowance of ambiguity and discretion.

Mayor Rotering asked if a straw poll needed to take place.

City Manager Neukirch requested a straw poll to allow for clear direction for staff.

A majority of the Committee was in favor of moving forward with staff's recommendation.

Chief Jogmen noted that he was cautiously optimistic with the decision and that the City may be creating a new path for other municipalities. He stated that if it doesn't seem to be working, staff will work on making the necessary adjustments that may be needed.

Corporation Counsel Elrod stated that he will draft an ordinance along the lines of what staff has recommended.

Mayor Rotering announced that Chief Jogmen was being installed as the Chief of the Illinois Association of Chiefs of Police on Friday, April 30th.

ADJOURNMENT

Councilmember Blumberg moved to adjourn. Councilmember Stone seconded the motion. Upon a roll call vote, the Mayor declared to motion passed.

RESULT: ADOPTED AS AMENDED [UNANIMOUS]

MOVER: Anthony Blumberg, Councilmember

SECONDER: Kim Stone, Councilmember

AYES: Mayor Rotering, Councilmembers Tapia, Stone, Blumberg, Holleman, Lidawer

ABSENT: Councilmember Stolberg

The Committee of the Whole Meeting was adjourned at 7:57 PM.

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