City of Highland Park Committee of the Whole met June 12.
Here are the minutes provided by the committee:
CALL TO ORDER
At 6:35 PM, Mayor Rotering called the meeting to order and asked for a roll call:
PRESENT: Mayor Rotering, Councilmembers Ross, Tapia, Lidawer, Stone, Blumberg
ABSENT: Councilmember Hoobler
STAFF PRESENT: City Manager Neukirch, Community Development Director Fontane, Assistant City Manager Jason, Police Chief Jogmen, Human Resources Manager Taub, Communications Manager Bennett, Deputy City Clerk Palbitska
ALSO PRESENT: Corporation Counsel Elrod
APPROVAL OF MINUTES
Approval of the Minutes of the Regular Meeting of the Committee of the Whole Held on May 22, 2023
Councilmember Stone moved to approve the Minutes of the Regular Meeting of the Committee of the Whole Held on May 22, 2023 and the Minutes of the Special Meeting of the Committee of the Whole Held on May 23, 2023. Councilmember Lidawer seconded the motion. Upon a roll call vote, the Mayor declared the motion passed unanimously.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Kim Stone, Councilmember SECONDER: Annette Lidawer, Councilmember AYES: Mayor Rotering, Councilmembers Ross, Tapia, Lidawer, Stone, Blumberg ABSENT: Councilmember Hoobler |
SCHEDULED BUSINESS
1. Mural Arts Policy Discussion
Community Development Director Fontane presented background information regarding murals and the current Sign Code, other communities’ approaches to allowing art murals, staff's recommendations and next steps, a summary of the Original Works of Art framework that was put together by Portland, OR, key definitions of the current Sign Code for Highland Park as well as the definition of "Original Work of Art" from Portland's mural policy, and examples of murals throughout the country and in other parts of the world. He noted that there are unauthorized murals in the community currently that have not been enforced because of the pending feedback staff is looking for from the Council. He stated that there are businesses that are interested in pursuing the proper permit if a mural art program is supported. He explained that although the program would apply to public and private properties, there are no current plans to pursue murals on public property.
Councilmember Tapia asked if the voluntary public review process is not required because of a law surrounding this or not having it as a requirement is staff's recommendation.
Director Fontane explained that if the City is going to allow murals, the direction the Portland policy advises is that the public process would not be a required process.
Mayor Rotering noted that this is a far more complicated conversation than just putting up art. She voiced her appreciation for all of the work that has gone into this presentation. She asked for clarification on what can be regulated as it relates to content.
Corporation Counsel Elrod noted the importance of understanding that once this is allowed, the City is not allowed to regulate content; there are certain steps that can be taken to mitigate risks but the risk will always be there. He provided information on some steps that can be put in place but that doesn't mean the artist will not go rogue. He noted that there are certain abilities the municipality will have under the First Amendment but obscenity may not be one of them. He stated that political and religious statements may be allowed without the ability to regulate or prohibit.
Mayor Rotering and Director Fontane discussed maintenance costs and steps to enforce maintenance.
Corporation Counsel Elrod suggested that enforcement was not for content.
Mayor Rotering and Corporation Counsel Elrod discussed limiting the zoning and number of murals allowed as long as it is not regulating content.
Mayor Rotering, Corporation Counsel Elrod and Director Fontane discussed the purpose of registration.
Mayor Rotering suggested a community survey to understand if this is really something the community wants. She asked how one defines "work of art" and who is making that judgment.
Director Fontane noted the definition that was in the presentation defines it as a method more than an object.
Mayor Rotering noted that she is a fan of the arts but this is a community with a lot of opinions and thoughts on how they want their community to look.
Mayor Rotering, Corporation Counsel Elrod, City Manager Neukirch and Director Fontane discussed the purpose behind the community meeting; similar to a public hearing for a Plan and Design or Zoning Board of Appeals request.
Mayor Rotering asked what staff would do if individuals started to put up murals in disregard of the law.
Corporation Counsel Elrod suggested to allow murals so that the City had established regulations in place in case action like that were to happen.
Councilmember Stone provided information as to where murals used to be within City limits. She recognized the comments that have been made by the Mayor. She noted that there was language in the agenda packet about the content and she questioned if that information could be added to the City's policy.
Corporation Counsel Elrod noted that he would have to do a complete review of the information that has been provided.
Director Fontane noted that there has been information provided that includes different approaches. He described the different approaches.
Corporation Counsel Elrod provided information on a recent United States Supreme Court Case that dealt with the flying of flags that would relate to tonight's discussion.
Councilmember Stone stated that the work should be on the property owner and not on City staff; she was not interested in the easement donation framework. She noted that the Portland provisions seem to be fairly straight forward but was unsure about the stipulation of two years. She noted that vandalism can be an issue. She stated that she likes the application from Chicago and she does not see Evanston or Oak Park being useful comparable communities because their programs are on public property, not private property, and that is not what the City is considering.
Mayor Rotering and Corporation Counsel Elrod discussed Glencoe's position on allowing mural artwork.
Mayor Rotering voiced her appreciation for the communities that were mentioned but she is interested in understanding what Highland Park's immediate peers are doing as it relates to mural art.
The Committee, Corporation Counsel Elrod and Director Fontane discussed the other municipalities that have taken this policy under consideration and who is allowing murals.
Councilmember Tapia noted that murals add vibrancy to the community and provide a message to the community. He stated that it is good to have parameters and guidelines but there are some concerns that the City will have to review risk mitigation. He noted that directionally, he is all for a mural program and murals are a good tool for economic development. He voiced his concern regarding quality variances and noted that there should be some guidelines to ensure the work allows for a certain quality. He noted that he would be interested in having the Cultural Arts Advisory Group playing some kind of role during the process.
Councilmember Lidawer agreed with the comments made by Councilmember Tapia in regards to art and vibrancy. She discussed collaboration of the businesses with the arts community. She noted that she is in support of this program. She asked why the City would look to the Portland model because she believes it to be a very backward proposal and discussed her view on it. She noted that the Cultural Arts Advisory Group would be a good group to assist in reviewing the applications in conjunction with The Art Center. She discussed the importance of exploring all kinds art like projected art and not just handmade, hand painted murals.
Mayor Rotering stated that a previous City Council did review a mural arts program but chose not to pursue such a program.
Councilmember Blumberg stated that there is art that is for Highland Parkers and there is art that will bring people to Highland Park to shop locally. He discussed First Amendment topics that have been discussed related to content. He discussed the different works of art that have been commissioned by the City. He spoke about mural art being placed on private residential property and what decisions private property owners may make in regards to public displays of art. He discussed the positive impacts a mural art program may have on the community.
Corporation Counsel Elrod clarified that if public displays of art are on private property, the City does not have the ability to regulate what is considered art and the content of that art. He noted that most residents would not put up content that would cause distress to other individuals within the community but there is a private residence currently within Highland Park that has put up content that may be disturbing to most of the members of the community.
Mayor Rotering noted that there will be worse case scenarios and the City will have to be prepared for that.
Councilmember Blumberg noted that he understood what was being discussed but stated that the murals can be regulated as to where they can be located which will not allow private residential homes to have such content displayed.
Corporation Counsel Elrod noted that those would be the steps that could be taken lawfully.
Councilmember Blumberg stated that the City can prohibit the time, place and manner if there is a regulated mural program in place.
Corporation Counsel Elrod clarified that if a mural fits within the City's Sign Code, the City would not be able to prohibit that on private property.
Mayor Rotering, Councilmember Blumberg, Corporation Counsel Elrod and Director Fontane discussed the regulation of political signs in relation to how that could assist with regulating murals.
Councilmember Ross and Corporation Counsel Elrod discussed what was considered to be hate speech.
Councilmember Ross noted that she agrees with a lot that has been discussed so far and she is appreciative to hear of the support for a mural program. She agreed with the comments made that the Portland framework may be backward and behind on some of its requirements. She discussed the work that has been undertaken in Chicago regarding the murals the community is able to experience. She agrees with the comments made about how this would provide vibrancy to the community. She stated that she is in agreement that the Cultural Arts Advisory Group being the right group of people to have participate in the application process. She talked about the impact the climate has on murals and the important role maintenance is going to play. She voiced her support for the mural program.
Mayor Rotering, Councilmember Ross and Corporation Counsel Elrod discussed how Councilmember Ross is the Board President for The Art Center and she can continue to discuss this matter.
Councilmember Ross noted that The Art Center could be used as a resource. She noted that it is important to understand what other communities are doing but Highland Park could also forge their own way as well.
Mayor Rotering and Director Fontane discussed the Public Arts Committee.
Sandy Lund, Highland Park resident, voiced her concern with allowing a mural arts program.
Jim Lederer, Highland Park business owner, voiced his appreciation for a mural arts program and requested the Council move forward with a policy.
Joanne Bernstein, Chair of the Cultural Arts Advisory Group, voiced her position as it relates to a mural arts program.
Lori Rubin Dekalo, Executive Director of the Highland Park Chamber of Commerce, voiced her appreciation for the discussion that has taken place.
Mayor Rotering voiced her concerns related to content and maintenance.
Ms. Bernstein referred to the presentation and asked what was meant by a successful meeting.
Director Fontane noted that neighborhood meetings were discussed in the presentation but the phrase successful neighborhood meeting was not part of the presentation.
Councilmember Tapia noted that there is a mural of Highland Park in the sister city of Puerto Vallarta and there is a mural of Puerto Vallarta in one of the schools.
Councilmember Blumberg noted that if the art is commissioned, there can be set parameters for what is being commissioned.
Corporation Counsel Elrod stated that the work can be commissioned through an easement and that would start the process for proprietary ownership.
Councilmember Blumberg and Corporation Counsel Elrod discussed the piece of art that was commissioned for the sesquicentennial.
Mayor Rotering asked if there was a majority of individuals that wanted to discuss commissioning artwork through an easement process or not.
Councilmember Blumberg stated that it would be a good discussion to have to understand what process should be undertaken to start the process.
The Committee and City Manager Neukirch discussed reviewing all types of art, like visual, the role the Cultural Arts Advisory Group can take on and project art and they discussed having a pilot program. They discussed having three murals to start the program but based on the murals that are already present in the community, they agreed on increasing the number of pilot murals to five.
Mr. Lederer voiced the importance of having this program started sooner rather than later.
Director Fontane noted that the owner of Swiss Fine Timing did voice his opposition for a mural program.
CLOSED SESSION
At 7:58 PM, the Committee recessed Committee of the Whole Meeting.
At 8:04 PM, the Mayor reconvened the Committee of the Whole Meeting.
Members Present: Mayor Rotering, Councilmembers Ross, Tapia, Lidawer, Stone, Blumberg
Members Absent: Councilmember Hoobler
City Staff Present: City Manager Neukirch, Police Chief Jogmen, Deputy Clerk Palbitska Also Present: Corporation Counsel Elrod
Councilmember Blumberg moved the Committee 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)); ii) security (5 ILCS 120/2(c)(8)); and iii) personnel (5 ILCS 120/2(c)(1)). Councilmember Stone seconded the motion. On a roll call vote, the Mayor declared the motion passed unanimously.
At 8:04 PM, the Committee recessed the public portion of the meeting to meet in Closed Session. At 8:55 PM, the Mayor reconvened the open session of the Committee of the Whole Meeting. Members Present: Mayor Rotering, Councilmembers Ross, Tapia, Stone, Blumberg Members Absent: Councilmembers Hoobler, Lidawer
City Staff Present: City Manager Neukirch, Human Resources Manager Taub Also Present: Corporation Counsel Elrod
ADJOURNMENT
Councilmember Blumberg moved to adjourn the Committee of the Whole meeting. Councilmember Stone seconded the motion. Upon a voice vote, the Mayor declared the motion passed unanimously.
The Mayor declared the meeting adjourned at 8:55 PM.
http://highlandparkil.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=2836&Inline=True
Alerts Sign-up