City of Highland Park City Council met April 10
Here are the minutes provided by the council:
CALL TO ORDER
At 7:55 PM, Mayor Rotering called the meeting to order and asked for a roll call:
ROLL CALL
PRESENT: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer
ABSENT: None
STAFF PRESENT: City Manager Neukirch, Director of Public Works Bannon, Community Development Director Fontane, Assistant City Manager Jason, Police Chief Jogmen, Finance Director Logan, Fire Chief Schrage, City Engineer Gomez, Human Resources Manager Taub, Communications Manager Bennett, Business Development Manager Hersch, Deputy City Clerk Palbitska
ALSO PRESENT: Corporation Counsel Elrod
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
1. Approval of the Minutes of the Regular City Council Meeting Held on March 13, 2023
Councilmember Lidawer moved to approve the Minutes of the Regular City Council Meeting Held on March 13, 2023. Councilmember Blumberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [6 TO 0]
MOVER: Annette Lidawer, Councilmember SECONDER: Anthony Blumberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Holleman, Lidawer PRESENT: Councilmember Stone |
APPROVAL OF WARRANT LIST
1. Warrant List and Wire Transfers from March 03, 2023 to March 30, 2023.
Councilmember Tapia moved to approve the Warrant List. Councilmember Blumberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Andrés Tapia, Councilmember SECONDER: Anthony Blumberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer |
REPORT OF MAYOR
A. Appointments
1. 2023 Reappointment to the Cultural Advisory Group
Mayor Rotering requested a motion to reappoint James Lynch to the Cultural Arts Advisory Group for a term ending December 31, 2023.
Councilmember Tapia moved to approve. Councilmember Stone seconded the motion. Upon a voice vote, the Mayor declared the motion passed unanimously.
B. Proclamations
1. 2023 Tree City USA/Arbor Day Proclamation
Mayor Rotering voiced her appreciation for the City's longstanding commitment to the preservation of the urban forest. She explained that in 2023, the Arbor Foundation named the City of Highland Park a Tree City USA for the 43rd year. She thanked Public Works Director Bannon, City Forester Miller, and the Department of Public Works for all of their work to preserve and expand the City's urban tree canopy.
2. 2023 Autism Awareness and Acceptance Month Proclamation
Mayor Rotering proclaimed April as Autism Awareness and Acceptance Month. She noted that this is an opportunity to celebrate the richness of perspective and experience the neurodiverse individuals contribute to the community. She welcomed Shira Raviv Schwartz and Maddux Rosenblum to accept the proclamation. Maddux Rosenblum and Shira Raviv Schwartz shared their interests with the Council, staff, and community.
3. National Crime Victims' Rights Week - April 23 - 29, 2023
Mayor Rotering proclaimed April 23 - 29 as National Crime Victims' Rights Week, as we honor the victims of crime and the professionals who support them. She noted the importance of centering and amplifying the voices of survivors and how critical it is to creating a culture where victims are heard, believed, and supported, which in turn results in policy changes that make communities across our nation safer. She stated that this year, it is more important than ever that we support survivors in sharing their stories and advocating for change.
4. In Support of Monarch Butterflies
Mayor Rotering renewed the City's commitment to the Mayors' Monarch Pledge through a proclamation. She noted that Highland Park joins local communities across the country in taking action to create habitat for the monarch butterfly and other pollinators, and to provide public education and advocacy. She stated that as part of the City's Pledge, Highland Park intends to plant milkweed and pollinator-friendly gardens, remove invasive species, among other initiatives. She encouraged all neighbors, residents and business to join in the important effort.
C. Other business
1. Blue Kids Lake County
Mayor Rotering noted that April is Child Abuse Prevention Awareness Month, also known as Blue Kids Month. She explained that each year, the Lake County Children's Advocacy Center, a division of the Lake County State's Attorney's Office, encourages Lake County governments, businesses, community organizations, and residents to learn about ways to protect children and prevent child abuse. She noted that the Highland Park Police Department has created an informative video in partnership with LCCAC, which she strongly encouraged the community to watch. She thanked Officer Reyes Montemayor, who produced the video, Detective Amanda Duchak, Sgt. Jimmy Eldridge, and Officer Amy Hyndman for their work on this important project.
BUSINESS FROM CITY STAFF
1. 2023 Major Projects Q1 Update
City Manager Neukirch provided an update to the Quarter One 2023 Major Projects.
BUSINESS FROM THE COUNCIL
There was none.
BUSINESS FROM THE PUBLIC (Citizens wishing to be heard regarding items not listed on this agenda)
There was none.
SCHEDULED BUSINESS
ITEMS FOR OMNIBUS VOTE CONSIDERATION
Councilmember Stone commented on item 4 and requested that there be a continuous review on an annual basis regarding having the food trucks reduce their carbon emissions during the events.
City Manager Neukirch affirmed that it will be an item that will continue to be reviewed.
Councilmember Tapia stated that he is in favor of a French Market at the Lot but wanted to understand how the market will have an impact on current businesses and what the spill over effect will be for current businesses.
City Manager Neukirch explained that staff provides information to all of the businesses regarding activities that are taking place downtown. She noted that attendees are also provided information as to the businesses that are in Highland Park as a whole in hopes that attendees will come back to Highland Park.
Mayor Rotering commented on item 20 and congratulated Chief Schrage on obtaining a grant that assisted with the cost of new self-contained breathing apparatuses and related equipment.
Councilmember Stone moved to approve items 1-22 for omnibus vote consideration. Councilmember Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Stone, Councilmember SECONDER: Adam Stolberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer |
Administration
1.Adoption of an Ordinance (O17-2023) by omnibus vote consideration titled, “An Ordinance Approving the Closure of a Certain Parking Lot and Waiving Enforcement of Specified Sections of Chapter 118 of “The Highland Park Code of 1968," As Amended, for the Bensidoun Market”.
2.Adoption of an Ordinance (O18-2023) by omnibus vote consideration titled, “An Ordinance Waiving Enforcement of Specified Sections of Chapter 118 of “The Highland Park Code of 1968," As Amended, for the Bensidoun Food Truck Market”.
3.Adoption of a Resolution (R41-2023) by omnibus vote consideration titled, “A Resolution Authorizing the City Manager to Execute a Market Agreement with Bensidoun USA, Inc., for the Operation of a Market in the St. Johns North Surface Parking Lot at 523 Central Avenue”.
4.Adoption of a Resolution (R42-2023) by omnibus vote consideration titled, “A Resolution Authorizing the City Manager to Execute a Market Agreement with Bensidoun USA, Inc., for the Operation of a Food Truck Market in the Ravinia Business District”.
5.Adoption of a Resolution (R43-2023) by omnibus vote consideration titled, “A Resolution Approving a Small Business Facade Improvement Grant to Elizabeth Nottoli for Atelier by EllieStyled, LLC”.
6.Adoption of a Resolution (R44-2023) by omnibus vote consideration titled, “A Resolution Approving a Small Business Facade Improvement Grant to Loeb & Roberts Partnership”.
7.Adoption of a Resolution (R45-2023) by omnibus vote consideration titled, “A Resolution Approving a Small Business Facade Improvement Grant to Fonseca Martial Arts, LLC”.
8.Adoption of a Resolution (R46-2023) by omnibus vote consideration titled, “Resolution Approving a Small Business Facade Improvement Grant to The Music Gallery”.
Community Development
9.Adoption of an Ordinance (O19-2023) by omnibus vote consideration titled, “An Ordinance Approving the Revocation of Special Use Permits and Zoning Approvals (2787 and 2789 Oak Street)”.
10.Adoption of a Resolution (R47-2023) by omnibus vote consideration titled, “A Resolution Approving Professional Service Agreements for the Provision of Fire and Life Safety Plan Review and Inspection Services”.
Public Works
11.Adoption of a Resolution (R48-2023) by omnibus vote consideration titled, “A Resolution Authorizing Award of the Mudjacking Services Contract to Power Concrete Lifting of Hainesville, Illinois”.
12.Adoption of a Resolution (R49-2023) by omnibus vote consideration titled, “A Resolution Authorizing Award of the 2023 Emergency Pipe Fitting Services Contract to Hartwig Mechanical, Inc., of Harvard, Illinois”.
13.Adoption of an Ordinance (O20-2023) by omnibus vote consideration titled, “An Ordinance Waiving City’s Purchasing Policy, due to Municipal Partnering Initiative Bidding, to Authorize Award of the Large Meter Testing Services Contract to M.E. Simpson Co., Inc., of Valparaiso, Indiana”.
14.Adoption of a Resolution (R50-2023) by omnibus vote consideration titled, “A Resolution Authorizing Renewal of the 2021 Hydrant Flushing Program Contract with M.E. Simpson Company, Inc., of Valparaiso, Indiana”.
15.Adoption of an Ordinance (O21-2023) by omnibus vote consideration titled, “Ordinance Waiving the City’s Purchasing Policy, due to Municipal Partnering Initiative Bidding to Authorize Award of the Pavement Rejuvenation Services Contract to Corrective Asphalt Materials, LLC, of South Roxana, Illinois”.
16.Adoption of a Resolution (R51-2023) by omnibus vote consideration titled, “A Resolution Authorizing Award of the 2023 Emergency Leak Detection Services Contract to M.E. Simpson Company, Inc., of Valparaiso, Indiana”.
17.Adoption of an Ordinance (O22-2023) by omnibus vote consideration titled, “An Ordinance Waiving City’s Purchasing Policy, due to Municipal Partnering Initiative Bidding, to Authorize Award of the Manhole Rehabilitation Contract to Culy Contracting, LLC. of Winchester, Indiana”.
18.Adoption of a Resolution (R52-2023) by omnibus vote consideration titled, “A Resolution Authorizing Award of the 2023 Concrete Street and Sidewalk Repair Program Contract to Triggi Construction, Inc., of West Chicago, Illinois”.
19.Adoption of a Resolution (R53-2023) by omnibus vote consideration titled, “A Resolution Authorizing Award of the Police Facility Uninterruptable Power Supply (UPS) Replacement Project to Spiral Services, LLC., d/b/a Burnett & Sons Electric of Plano, Illinois”.
Public Safety
20.Adoption of a Resolution (R54-2023) by omnibus vote consideration titled, “A Resolution Approving The Purchase Of New Self-Contained Breathing Apparatuses And Related Equipment For The City Fire Department, From Municipal Emergency Services, Inc., Of Deer Creek, Illinois”.
21.Adoption of a Resolution (R55-2023) by omnibus vote consideration titled, “A Resolution Amending the Annual Fee Resolution Regarding the City’s Assisted Living Facility Registration Penalty”.
22.Adoption of an Ordinance (O23-2023) by omnibus vote consideration titled, “An Ordinance Waiving the Formal Bidding Requirements of the City's Purchasing Manual and Authorizing the Execution of An Agreement with InterDev, LLC, of Alpharetta, Georgia, for Information Technology Support Services”.
OTHER BUSINESS (the City Council will consider and then either approve or disapprove the following items)
Administration
23. Adoption of a Resolution (R56-2023) titled, “Resolution Authorizing the City Manager to Execute a Professional Services Agreement with the Lakota Group for the Plan and Design of a Permanent Special Event Venue”.
Assistant City Manager Jason provided an overview of an agreement with the Lakota Group as it relates to the planning and designing of a permanent structure at The Lot.
Councilmember Blumberg voiced his appreciation of working with the Lakota Group, based on the experience the City has had with them on past projects.
Councilmember Stone voiced her appreciation for the presentation and staff's vision. She noted that she doesn't have concerns about The Lot and she doesn’t have concerns about the Lakota Group being selected but her concern lies with what was stated in the presentation, "if enacted by a future Council with funding." She stated that she does not want another study that becomes outdated. She explained that there needs to be a comprehensive plan for the downtown, including an event space like The Lot, along with the Library expansion, future parking needs and future development of the permanent memorial. She voiced her concern that the City may move forward with this one element without considering the other pieces. She noted that there is a streetscape plan but it is old. She stated that the City may be better served by updating the streetscape plan and include an event space, like The Lot, within that plan. She voiced her concern about creating another plan or design without budgeting funds for implementation.
Mayor Rotering noted that it was around 2009 that the City worked with the Lakota Group for three years to develop a master plan for the downtown.
Councilmember Holleman agreed with the comments made by Councilmember Stone. She noted that the City has a downtown plan that was created by Lakota that is sitting on a shelf. She voiced her appreciation for The Lot and what it is but she also appreciates that it is temporary. She noted that the City does have a lot of needs, especially an event space but it doesn't need to be in that space. She stated that it may not be beneficial for the City to create and invest in a permanent space if there is not a cohesive vision or budget. She voiced her appreciation for the views the new Councilmembers Elect would add to this discussion.
Councilmember Lidawer and Assistant City Manager Jason discussed how the Lakota Group would be gathering information on creating a permanent community space in the downtown and the benefits of utilizing this space for The Lot and creating a permanent community space.
Councilmembers Lidawer, Holleman and City Manager Neukirch discussed if there were previous conversations regarding locations for event spaces.
Councilmember Lidawer noted that she came into the meeting ready to move forward with this agreement but based on the comments that Councilmember Stone has made, she is now hesitant in moving forward. She voiced her concern that this may be one more piecemeal study that may not tie into a comprehensive vision for the downtown. She agreed that the Lakota Group was the best choice for this type of work. She noted that it may not be visionary when thinking about a cohesive downtown. She voiced her appreciation for the upcoming discussions regarding this work from the new Councilmembers Elect. She noted that she would like to see a bigger vision for the downtown and not just a space for The Lot.
Assistant City Manager Jason provided information as to the benefit of looking at this as an individual project as part of a bigger vision for the downtown. She explained how staff has asked Lakota to look at what is going on within downtown as a whole while working on this study. She stated that this would be for design services only, not the building of a permanent structure.
Mayor Rotering stated that what she is hearing from the Council is an interest in a Central Business District ("CBD") master plan. She noted that she is not sure what the timeline is for that project or the cost. She voiced her appreciation for the information that Assistant City Manager Jason has provided.
Councilmember Tapia voiced his appreciation for The Lot. He noted that he believes the City is lacking in an overall vision for the downtown. He stated that he is trying to understand how the Second Street review and The Lot review will come together and what may take place in between these two studies. He noted that he does not want to lose the opportunity of using this summer for data gathering but he recommended that the project be amended to viewing how the City can make the downtown an area for vibrant activity; use The Lot experience for gathering that information. He voiced his awareness that doing a CBD plan is a bigger project but the City may lose this window of opportunity to gather some data this summer. He noted that he would be in favor of the work if the focus could be pivoted slightly.
Mayor Rotering voiced her appreciation for the discussion as to how this space can be utilized 365 days a year.
Councilmember Stolberg noted that he hears his colleagues about needing a grand vision but chasing after that grand vision could get the City stuck. He discussed the previous plan created by the Lakota Group and discussed how Lakota has experience in other facets of City development and planning. He explained how the work Lakota could do for The Lot could serve as a way for the City to move forward with the vision for the downtown.
Councilmember Blumberg noted that he is torn on which way be may move forward. He discussed how things have changed and we are unsure as to what may be coming. He voiced his concern with events like this because it is hard to know what the dynamic is with people visiting and if it actually translates into regular, improved patronage in the downtown. He voiced his enthusiasm for Lakota because
they are able to look at the bigger picture. He noted that it would be a good idea to retain Lakota to work on this project but would be careful in telling them to only look at The Lot as a location, although this seems to be the best location to do something on this scale. He noted that he would be in favor of voting for this but he has also heard what his Council colleagues are saying.
Councilmember Stolberg moved to approve a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with the Lakota Group for the Plan and Design of a Permanent Special Event Venue. Councilmember Tapia seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.
| RESULT: ADOPTED [5 TO 2]
MOVER: Adam Stolberg, Councilmember SECONDER: Andrés Tapia, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Lidawer NAYS: Councilmembers Stone, Holleman |
Community Development
24. A Referral of a Zoning Variation from Section 150.407 to the Zoning Board of Appeals (1248 Glencoe Avenue)
Community Development Director Fontane presented information regarding staff's revised recommendation regarding a referral to the Plan and Design Commission ("PDC") to hold a public hearing and make a recommendation to the Council whether a zoning text amendment should be made related to sleeping quarters (bedroom) in a cellar.
Corporation Counsel Elrod stated that he and Director Fontane discussed this over the past several days and he concurs with staff's revised recommendation. He provided historical information as it relates to Compere referrals. He noted that it is very uncommon for a municipality to allow for a change of use by variation; it is much more common to change a use through a text amendment. He stated that what is being presented here is allowing bedrooms in a cellar.
Councilmember Stone noted that a cellar is different than a basement.
Corporation Counsel Elrod stated that it is what is commonly known and understood that the majority of the space that sits below the ground is a cellar; most residents in Highland Park think of it as a basement. He noted that what is being discussed is a bedroom that the Building Code would allow if it has the necessary access window but the Zoning Code does not allow it. He explained that it may not only be a benefit of a text amendment but from a policy perspective that is not unique to this one house that may be applicable elsewhere in the City.
Mayor Rotering asked if it was the goal for this specific case for this specific agenda item, the Council pause on the Compere referral and come back to discuss the revised recommendation or is it to take action and come back another time to put this on a PDC agenda.
Corporation Counsel Elrod noted that the Council could pause but the recommendation is take action tonight. He stated that in fairness of the applicant, they would not lose any time in the process. He explained that this is on the agenda as a recommendation, the Council has the ability to direct a text amendment to the PDC and given the Council meeting schedule, it would come back for approval by the Council as if it were sent to the Zoning Board of Appeals ("ZBA").
Councilmember Stone asked if a bedroom is currently allowed in a basement but not in a cellar.
Director Fontane noted that was correct.
Councilmember Stolberg voiced his appreciation for staff thinking outside the box. He noted that a Compere referral was for a one off situation but he sees this as being an opportunity for homeowners with new construction or remodeling. He stated that it makes more sense to do this through a text amendment.
Councilmember Blumberg asked for confirmation from the petitioner that they were comfortable with this process.
Attorney Cal Bernstein noted that he was comfortable with the process.
Director Fontane explained that from the petitioner's point of view, if the Council so wishes, it would be a consideration by a different means.
Councilmember Stone voiced her concerns about this specific use for this specific location because it is for a person with disabilities. She voiced her concern about the safety of this particular situation. She voiced her concern with the issue of radon and noted that would need to be addressed as well. She noted that a basement is different from a cellar and the egress is different as well.
Director Fontane noted that a basement has more space above ground but cellars do have undersized windows. He explained that the Building Code now has provisions as to how the windows need to be structured. He noted that whether or not someone should or should not sleep in a basement depending on their abilities is a choice that needs to be made by responsible parties within the household.
Councilmember Stone noted that if the Building Code already allows for a bedroom in a basement, she doesn't know if the City needs to be considering allowing a bedroom within a cellar because of safety issues.
Councilmember Lidawer agreed with the zoning text amendment analysis. She noted that she recognized Councilmember Stone's concerns but that is a choice that needs to be made by the household.
Director Fontane addressed Councilmember Stone's concerns and stated that the City can put provisions within the amendment.
Councilmember Stolberg noted that he hears what Councilmember Stone is saying but that is like telling a business they can operate within an area that has a permitted use but then telling that business how to operate their business. He explained that it is up to the homeowner if they want to allow someone to have a bedroom within a cellar.
The Council and Director Fontane discussed what the difference is between a basement and a cellar.
Councilmember Stone noted that the City has a responsibility of safety that is why the City has a Building Code and Planning and Zoning Regulations.
Director Fontane noted that if there are living quarters present, then a citation can be issued because it is against the Zoning Code. He explained that Building Codes are for when people are building or renovating.
Councilmember Holleman moved to refer the PDC to hold a public hearing and make a recommendation to the Council whether a zoning text amendment should be made related to sleeping quarters (bedroom) in a cellar. Councilmember Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed.
| RESULT: ADOPTED [6 TO 1]
MOVER: Michelle Holleman, Councilmember SECONDER: Adam Stolberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Blumberg, Holleman, Lidawer NAYS: Councilmember Stone |
25. Consideration of a Special Exception Request for an Off-Street Parking Facility (700 Park Avenue W, 678-696 Park Avenue W, and 668-670 Park Avenue W)
Community Development Director Fontane noted that staff's recommendation is to consider the Plan and Design Commission's ("PDC") recommendation to approve a special exception with conditions and if appropriate, direct staff to draft documents.
Councilmember Stone voiced her appreciation to the applicant for working with the Forester to find the best solution to accommodate this project. She asked if the motion can include a provision that no invasive species be included and verified by staff prior to planting.
Councilmember Holleman noted that she will leave that work to staff and would not amend her motion.
Director Fontane noted that the Zoning Code does have provisions for plantings. He explained that the applicant is transplanting some of the landscaping.
Councilmember Holleman moved to approve a Consideration of a Special Exception Request for an Off-Street Parking Facility (700 Park Avenue W, 678-696 Park Avenue W, and 668-670 Park Avenue W). Councilmember Stolberg seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Michelle Holleman, Councilmember SECONDER: Adam Stolberg, Councilmember AYES: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer |
CLOSED SESSION
Councilmember Blumberg moved the Council close its meeting to the public, pursuant to the following cited sections of the Illinois Open Meetings Act (5 ILCS 120/2(c)), for the purposes of I) approval of minutes (5 ILCS 120/2(c)(21)); and ii) security (5 ILCS 120/2(c)(8)). Councilmember Stone seconded the motion. On a roll call vote, the Mayor declared the motion passed unanimously.
At 9:21 PM, the Council recessed the public portion of the meeting to meet in Closed Session. At 10:06 PM, the Mayor reconvened the open session of the City Council Meeting.
Members Present: Mayor Rotering, Councilmembers Tapia, Stolberg, Stone, Blumberg, Holleman, Lidawer
Members Absent: None
City Staff Present: City Manager Neukirch, Police Chief Jogmen, Deputy Clerk Palbitska Also Present: Corporation Counsel Elrod
ADJOURNMENT
Councilmember Tapia moved to adjourn. Councilmember Stone seconded the motion. On a voice vote, Mayor Rotering declared the motion passed unanimously.
The City Council adjourned its meeting at 10:06 PM.
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