Village of Northbrook Board of Trustees Met Jan. 26.
Here is the minutes provided by the board:
1. ROLL CALL
| Attendee Name | Title | Status | Arrived |
| Sandra Frum | Village President | Present | |
| Kathryn Ciesla | Trustee | Present | |
| Bob Israel | Trustee | Present | |
| Muriel Collison | Trustee | Present | |
| Heather Ross | Trustee | Present | |
| Johannah Hebl | Trustee | Present | |
| Dan Pepoon | Trustee | Present |
3. MINUTES APPROVAL
A. Board of Trustees - Regular Meeting - Jan 12, 2021 7:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Johannah Hebl, Trustee SECONDER: Bob Israel, Trustee AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon |
President Frum noted the public can make comments by emailing publiccomments@northbrook.il.us mailto:publiccomments@northbrook.il.us.
Email responses must be under 200 words in length.
5. MANAGER'S REPORT
Village Manager Rich Nahrstadt reported the Public Works Department did a great job in the recent snow event. He congratulated Tom Poupard on his years of service with the Village and wished him a great retirement.
Assistant to the Village Manager, Madeline Farrell, reported that on Saturday, January 23, 2021 Region 10 advanced to Tier 1 COVID-19 resurgence mitigations, allowing bars and restaurants to open for limited indoor service of up to 25 guests or 25% room capacity. In addition, meetings and social gatherings of up to 25 guests or 25% room capacity are allowed both indoors and outdoors. Furthermore, Cook County has moved to phase 1B of its vaccination plan. The vaccine will now be offered to residents over 65 years of age and front-line essential workers. The Village encourages community members and employees to sign up to receive updates regarding the COVID-19 vaccine at vaccine.cookcountyil.gov. The vaccine information has been posted on all social media platforms, on the website, and in regular and special e-newsletters.
Mr. Nahrstadt commented he encourages the public to sign-up for COVID-19 vaccine notifications. He introduced Chan Yu as the new Assistant DPS Director.
Assistant DPS Director Chan Yu thanked the Village of Northbrook for the amazing opportunity and he looks forward to collaborating with the team and serving the community.
President Frum commented Chan Yu has great experience in economic development.
6. WARRANT LIST
A. Review and Approval of Payments to be Made
Trustee Ciesla Moved for the approval of class A & B Warrants dated January 1, 2021 - January 15, 2021 in the amount of $3,329,242.55.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee SECONDER: Bob Israel, Trustee AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon |
Trustee Ciesla Moved for the approval of Frontage Deposit refunds totaling $13,200.00 dated January 14, 2021.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee SECONDER: Bob Israel, Trustee AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon |
A. RESOLUTION NO. 2021-9
A Resolution Recognizing Telecommunicator Michael Nicholson for 39 Years of Service in the Police Department
A Resolution Recognizing Telecommunicator Michael Nicholson for 39 Years of Service in the Police Department
President Frum thanked Michael Nicholson for providing 39 years of service to the Village of Northbrook.
President Frum thanked the Public Works Department for performing snow removal. She noted the Board received a letter from the Northbrook Observers Group of the Glenview/Glencoe League of Women Voters, which stated two individuals (Bayla Stuart and Dean Zimmerman) will be observing the Board of Trustees at a future meeting. Furthermore, the legislator will be passing new laws that will affect the Village.
Trustee Collison expressed disappointment regarding the approved Police Reform Bill. She noted many unfunded mandates were passed without bringing stakeholders to the table..
President Frum commented she performed a wedding on Saturday, January 23, 2021.
Village Attorney Steve Elrod commented the Village received on objection regarding the petition for an advisory referendum question to be placed on the ballot for the April election. The Village created an Electoral Board, which is required by the State of Illinois. He read the Board’s final decision, which stated the memorandum was invalid and will not be printed on the ballot for the April election.
President Frum commented the attorney for the opponent acknowledged there were insufficient signatures on the petition.
| RESULT: ADOPTED [UNANIMOUS]
MOVER: Johannah Hebl, Trustee SECONDER: Muriel Collison, Trustee AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon |
Marilyn Fish, Go Green Board Member, discussed how snow and rain affect the environment. When the snow melts into water, it travels to the storm sewers and creeks. The water carries pollutants, fertilizer and fecal matter. According to the EPA, rain water is responsible for 70% of water pollution. However, rain gardens help remove 90% of water pollution and helps reduce mosquito populations. The rain gardens require no fertilizer, no pesticides or watering. Furthermore, the garden is composed of native plants and the design helps resolve flooding issues.
President Frum commented the Board asked the Storm Water Commission to evaluate the expanded use of rain gardens for storm detention.
8. CONSENT AGENDA
Trustee Israel moved, seconded by Trustee Pepoon, to move items 10(A), 10(B) and 10(C) be moved to the Consent Agenda. On voice vote all were in favor. President Frum abstained.
| RESULT: ADOPTED [6 TO 0]
MOVER: Muriel Collison, Trustee SECONDER: Bob Israel, Trustee AYES: Ciesla, Israel, Collison, Ross, Hebl, Pepoon ABSTAIN: Frum |
A Resolution Authorizing an Extended Warranty and Service Support Agreement for Boardroom Equipment with Midwest Computer Products, Inc.
B. ORDINANCE NO. 2021-4
An Ordinance Rezoning the Property at 1355 Rosemary Lane and Amending the District Zoning Map C. RESOLUTION NO. 2021-11
A Resolution Approving an Agreement with Marc Kresmery Construction, LLC of Elgin, Illinois for Construction Services for Modification of the Water Treatment Plant Chlorine Room as Part of the Water System Disinfection Conversion Project
D. RESOLUTION NO. 2021-12
A Resolution Authorizing an Agreement for Sanitary Sewer Lining Services with Hoerr Construction, Inc. of Goodfield, Illinois
E. RESOLUTION NO. 2021-13
A Resolution Authorizing an Agreement for Building Security Improvements at Village Hall with F.H. Paschen
COMMITTEE REPORTS
9. FINANCE
10. PUBLIC WORKS
11. PLANNING/ZONING
A. PRELIMINARY REVIEW - ZONING & DEVELOPMENT APPLICATIONS
B. ORDINANCE NO.
An Ordinance Amending the Northbrook Zoning Code (1988) Regarding the Definition of the Term “Short-Term Rental” and Related Standards for Accessory Uses
Tom Poupard, Director of Development & Planning Services discussed a Zoning Code amendment for Short-Term Rentals. The term "Short-Term Rentals" are not addressed in the Zoning Code or Municipal Code. The Village Staff has determined the Zoning Code as prohibiting the use of a single-family home, townhouse, condominium or apartment as available for rent for less than 30-days, which is viewed as transient lodging. Furthermore, renting out a dwelling for a minimum of 30-days is viewed as a more typical housing situation and is allowed in Northbrook. The Village asked the Plan Commission to formulate reasonable rules and the first public hearing was held on November 17, 2020.
The Board provided the following direction to the Plan Commission:
∙ If a property owner wished to rent out a single room in their house to a guest on a short term basis, that would be allowed “by right”
∙ The Board also favored having single room rentals pay the hotel tax, as this is in direct competition to our local hotels.
∙ If a property owner wished to rent out the entire dwelling, it could only do so for a minimum of 30 days. A whole dwelling unit rental for less than 30 days would be explicitly prohibited.
The goal is to eliminate the use of AirBNB's for partying in the community. The Village staff performed research to see if other communities had enacted regulations. Based upon the staff review of zoning codes, several more communities in the suburban Chicago area have now enacted regulations, including: Barrington, Deer Park, Evanston, Hawthorn Woods, Lake Bluff, Lincolnshire, Lincolnwood, Northfield, Roselle and Wheaton. The data shows six (6) of the ten (10) communities prohibited Short-Term Rentals by establishing a minimum rental term of at least 30-days (Barrington, Deer Park, Hawthorn Woods, Lincolnshire, Lincolnwood and Northfield). Furthermore, only Wheaton chose an approach similar to what was suggested by the Board of Trustees (a whole house could not be used for a short-term rental, but rooms could be rented out if the owner is present).
The Plan Commission recommendations:
∙ Short-Term Rentals should be deemed a rental of a dwelling for a length of time less than 30-days.
∙ Short-Term Rentals should exclude a “rent back” provision in a real estate contract to purchase a dwelling, which is a common occurrence.
∙ Short-Term Rentals should be prohibited when it involves an entire dwelling.
∙ Short-Term Rentals should also be prohibited for individual rooms in a dwelling. This differs from the initial suggestion from the Board of Trustees when the matter was referred to the Plan Commission.
In summary, the Plan Commission recommendations differ from what was initially suggested by the Board. If the Board wishes to allow individual rooms with an owner present, the ordinance will be re-drafted and presented at a future meeting.
Trustee Israel discussed a widow in the community who occasionally operates as an AirBNB to only one client (pharmaceutical company representative). He noted the homeowner makes additional income by operating as an AirBNB. Furthermore, he expressed interest in allowing AirBNB's in the community.
Trustee Ciesla requested clarification on why the Plan Commission wanted to exclude AirBNB's. Mr. Poupard responded the Plan Commission expressed concern the public might take advantage of AirBNB's and there are not enough resources available to monitor enforcement.
Trustee Hebl asked if 30-day rentals are considered a month-to-month lease and how evictions will be managed. Village Attorney Steve Elrod responded many municipalities have enforced 30-day rentals and the Wheaton model is the most appropriate approach.
President Frum asked if a homeowner can rent more than one room in their home. Trustee Israel responded the Village should allow only one or two rooms to be rented within a home.
President Frum expressed concern allowing more than two rooms to be rented to the public might become a boarding house use.
Mr. Elrod commented the definition of Short-Term Rental proposed by the Plan Commission excludes the rental of dwelling units pursuant to a rental agreement.
Trustee Hebl asked if an individual who over stays the 30-days without a rental agreement, is considered renting on a month-to-month basis. Mr. Elrod responded not if the rental is illegal based on the definition of Short-Term Rental.
Trustee Collison thanked the Plan Commission for their hard work and agrees with their recommendations. She noted the Village is unable to monitor the number of rooms being rented, number of individuals living in the home and the number of cars per residence. The Village has received many complaints from residents in the community regarding AirBNB's and they do not have enough resources available to monitor enforcement. Furthermore, the use of AirBNB's greatly impact the hotel business, which are greatly struggling during the pandemic.
Trustee Ciesla stated homeowners should be allowed to rent rooms within their home if they are not a nuisance in the community. She noted the Village should not be over regulating an individual’s real estate property.
Trustee Israel concurs with Trustee Ciesla.
Trustee Ross concurs with Trustee Israel. She noted the Board previously agreed homeowners should be allowed to rent a room within their home. She discussed a program that would match elderly homeowners with individuals looking for a place to rent for a short time, which helped homeowners generate additional income. Furthermore, many of the complaints the Village received was regarding large parties taking place at AirBNB's. She suggested limiting AirBNB's to two or three nights.
Trustee Hebl stated she does not agree with the Plan Commission’s recommendations. She noted the way people generate additional income has changed over the years and homeowners should be allowed to rent rooms within their home.
Trustee Pepoon stated he is not in favor of eliminating AirBNB's in the community. He noted the Village should require the owner to be on premises at all times, with a two-room limit. He expressed concern the public might take advantage by operating their property as a boarding house and hosting large parties.
President Frum commented the Board would like to include a limited number of rooms in the ordinance. She asked the Board if anyone has an objection regarding a two-room limit in the ordinance.
Trustee Collison stated she objects to the proposed two-room limit. She asked how many individuals will be allowed to stay in two rooms.
Trustee Ciesla suggested not having a room limit, due to limited enforcement resources.
Mr. Elrod commented the Board should have received a document with Zoning Code amendments regarding Short-Term Rentals. The document has information regarding the number of individuals per bedroom and overnight stay. He requested feedback from the Board, which will be used to draft a regulation to present at the next meeting.
President Frum read the Plan Commission’s recommendations to the Board. She requested clarification regarding not being allowed to rent a property for more than 45-days in a calendar year. Mr. Poupard responded they are referring to all rentals.
Trustee Israel commented he is in favor of allowing three people per bedroom and allowing four guests per night.
Trustee Collison expressed concern the number of individuals allowed in the home will increase if they invite guests.
President Frum asked if the rental minimum is two nights.
Trustee Israel stated he is in favor of a two-night rental minimum.
Trustee Ross concurs with Trustee Israel. However, she does not agree with the 45-days per calendar restriction.
Mr. Poupard suggested the limited occupancy numbers should be used for adults only. Trustee Israel commented many of the individuals using AirBNB's are traveling employees.
President Frum commented the majority of the Board agrees with the following: two night minimum, two adults per room and two-bedroom limit. She noted she is not in favor of allowing someone to rent rooms half the year (45-day restriction).
Trustee Israel stated he has no preference regarding the 45-day restriction.
Trustee Ciesla commented the 45-day restriction affects the open community program. She noted the major issue the Board is trying to remedy is the use of AirBNB's for large parties that disrupt the community. Furthermore, she noted homeowners should not be prohibited from renting out rooms within their home to generate additional income.
President Frum asked what day limit the Board would like to impose.
Trustee Ross asked if other communities have a day limit. Mr. Poupard responded many cities have a day limit to try to prevent people from buying properties to use for AirBNB's.
Trustee Ciesla made a motion for staff to revise the documents in accordance with the Board’s feedback and striking line five, seconded by Trustee Israel. On voice vote, the motion passed. The ordinance was not passed at this time.
President Frum congratulated Tom Poupard for dedicating 30 years of service to the Village of Northbrook.
12. COMMUNITY
13. PUBLIC SAFETY
14. LEGISLATION AND COMMUNICATION
15. REMARKS FOR THE GOOD OF THE ORDER
President Frum commented she will be attending the Annual Village meeting tomorrow at 12 p.m., via Zoom meeting platform.
16. CLOSED SESSION
17. ADJOURN
President Frum adjourned the meeting at 8:35 p.m.
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