City of Highland Park Committee of the Whole of the City Council met Jan. 27.
Here is the minutes provided by the committee:
CALL TO ORDER
At 4:32 PM, Mayor Rotering called the meeting to order and asked for a roll call.
ROLL CALL
Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
Members Absent: None
Mayor Rotering declared a quorum was present.
Staff Present: Ghida Neukirch, Emily Taub, Ashley Palbitska
Also Present: Corporation Counsel Steve Elrod, Deputy Corporation Counsel Hart Passman
APPROVAL OF MINUTES
A. Regular Meeting of the Committee of the Whole – January 13, 2020
Councilwoman Stone moved to approve the minutes from the regular meeting of the Committee of the Whole held on January 13, 2020. Councilman Kaufman seconded the motion.
On a voice vote:
Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
Voting Nay: None
Mayor Rotering declared the motion passed unanimously.
CLOSED SESSION
Councilman 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 closed session minutes (5 ILCS 120/2(c)(21)); ii) pending litigation (5 ILCS 120/2(c)(11)); iii) investigation (5 ILCS 120/2(c)(14)); and iv) setting price to sell/lease property (5 ILCS 120/2(c)(6)). Councilwoman Stone seconded the motion.
On a roll call vote:
Voting Yea: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
Voting Nay: None
Mayor Rotering declared the motion passed unanimously.
At 4:33 PM, the Committee recessed the public portion of the meeting to meet in Closed Session.
At 6:06 PM, Mayor Rotering reconvened the open session of the Committee of the Whole Meeting.
Members Present: Mayor Rotering, Councilmen Stolberg, Stone, Kaufman, Blumberg, Knobel, Holleman
Members Absent: None
City Staff Present: Ghida Neukirch, Joel Fontane, Lou Jogmen, Ramesh Kanapareddy, Rob Sabo, Ashley Palbitska
Also Present: Corporation Counsel Steve Elrod, Deputy Corporation Counsel Hart Passman
SCHEDULED BUSINESS
Short Term Rental Regulations
Community Development Director Fontane presented information as to the City’s current rental regulation program and requested feedback if the City should adopt short term rental regulations.
Councilman Holleman noted that there are individuals that do rent a single room in their homes and are on the property during that time.
Councilman Knobel asked if the current Rental Registration form captures whether the rentals are short term or long term.
Community Development Director Fontane stated that the question was not being asked.
City Manager Neukirch noted that add the question is a recommendation from staff for the 2020 rental registration season.
Councilman Stolberg asked if any of the listings that were researched were currently registered as a rental dwelling with the City.
Community Development Director Fontane stated no and sometimes the rental information does not clearly reveal where the rental unit is.
Mayor Rotering stated that she would like to see short term rentals prohibited similar to Winnetka and Wilmette. She discussed her experience with the long term renters near her home.
She stated that if she had active short term renters near her biggest investment, she would be upset; she moved to Highland Park for the quiet enjoyment of the suburbs.
Councilman Blumberg stated that he was leaning towards being in agreement with Mayor Rotering. He explained that by not prohibiting it, there is the potential to see an increase in short term rentals and it could have a destabilizing effect on a neighborhood or the closeness that is encouraged within a neighborhood from occurring. He stated that if there are short term rentals in his neighborhood, he is unaware of them. He opined on the value of knowing who your neighbors are. He stated that there have been issues with short term rentals in town and around the world and it may be easy to just prohibit this type of activity. He requested information on what the benefits are for allowing short term rentals.
Councilwoman Stone stated that she is leaning in the direction of Mayor Rotering and Councilman Blumberg. She stated that she believes it is difficult in the sense of community within a neighborhood. She opined on the value of owner-occupied rentals where the owner is still on the property and can manage activities.
Mayor Rotering commented on how owner-occupied rentals are different than renting out an empty home where the owners are not available to monitor any of the activities taking place on the property.
Councilwoman Stone opined on the fact that completely prohibiting short term rentals will prohibit the owner-occupied rentals.
Councilman Knobel noted that there are those owner-occupied rentals that are needed by some individuals within the community in order to afford to stay in their homes. She asked for more data on short term rentals and that a decision cannot be made right now without more information. She opined on her experience with renters in her neighborhood and experience with permanent homeowners.
Mayor Rotering noted that the City does have property maintenance inspectors that can assist with permanent homeowner property issues but if there are individuals who are only in town for one night, it is hard to regulate.
Councilman Knobel noted that in Chicago, if there are property owners that are repeat offenders of the Code, they will be placed on a shared ineligible list regarding rentals. She stated that there is not enough data provided to make an informed decision either way right now; there is a rental registration form that just asks if the property is a rental property but there needs to be more information collected about the types of rental properties. She asked if there has been research conducted on where violations are coming from and if there are repeat offenders. She asked, if enforcement is based on the prohibition of rentals and what the penalty is for not being in compliance with the Code. She opined on the fact that she does not care for short term rentals but she understands there are property owners that are concerned with their own property rights being regulated.
Mayor Rotering stated that there is a burden on those individuals who live next to someone who decided they want to conduct this type of business to call in complaints. She asked what the enforcement data is for long term rentals, homeowners, and short term rentals.
Councilman Stolberg voiced his concern of infringing on a property owner’s rights. He stated that he is in the management business and tells his owners that they can do anything they want with their property until it effects someone else’s rights to do what they want in their home. He stated that he agreed with Councilman Knobel that more data is needed before a decision can be made one way or the other. He stated that even with individuals leaving in the morning, ultimately the property owner is responsible for the action of their tenants. He stated that he was in favor of regulating rentals; changing the Code is a step in the right direction and asking more questions about the rental properties would be beneficial. He stated that if there are repeated violations at a certain property, that property would become ineligible for rentals.
Councilman Holleman echoed what was said by Councilmen Knobel and Stolberg. She stated that the rental market is drastically changing and it is here to stay. She opined on how families may rent their home while they take vacation to assist with the ability to finance experiences they would not otherwise be afforded if they were prohibited from allowing short term rentals. She stated that enforcement would be hard to conduct because you are not required to enter an exact address when posting a home for rent through short term rental sites. She was in favor of requesting more information on the rental registration form and importing that information into the City’s E911 database to inform officers that they are being called to a rental property.
Councilman Kaufman stated that he was thinking along the lines of strict regulation and that more data may be helpful in deciding how those regulations should be formulated. He asked how often will there be these properties that will be “party houses” if short term rentals are allowed based on certain regulations and how does the City balance out the interests of all parties involved. He stated that he would rather see heavy regulation and then revisit the concept and if it has become a burden and/or a bigger issue, then decide at that time if outright prohibition would be the best option.
Mayor Rotering noted that she appreciates the rights of those property owners who would like to offer short term rentals but is also looking out for those property owners that purchased homes in this area that intended to live next to other homeowners, not short term renters. She requested more information on the discussions at Deerfield, Northbrook, Wilmette, and Winnetka because they have outright banned short term rentals and they seem like similar municipalities to Highland Park.
Corporation Counsel Elrod stated those municipalities that Holland & Knight have guided, have either outright prohibited or implemented strong regulations and made these changes through their Zoning Code.
Councilman Blumberg asked if information can be collected regarding those rental properties that are owner-occupied rentals or absentee-owner rentals.
Mayor Rotering and Corporation Counsel Elrod discussed the regulations that have been put in place by Lake Bluff.
Councilman Holleman noted several listings of homes that are available for rent in municipalities that have prohibited short term rentals. She stated that banning it does not stop property owners from putting their homes up for rent.
Councilman Knobel discussed the process Lake Bluff went through when reviewing and implementing their short term rental regulations. She requested feedback from Lake Bluff to understand how their process is working. She noted that there are “party houses” within the City where the owners are permanent residents and the Police are called often.
Councilwoman Stone agreed that Lake Bluff’s regulations would be a good starting point.
Councilman Stolberg stated that Lake Bluff is a very good balance between not infringing on homeowner rights but still protects those residents that have to live next to a short term rental.
Councilman Kaufman stated that he was interested in the Lake Bluff regulations as well.
Howard Shless, Highland Park resident, voiced concerns of safety if short terms rentals were to be allowed in the City, in light of the incident that took place on January 1.
Christine Skolnik, Highland Park Resident, voiced concerns regarding the incident that took place January 1 and that what happened does not compare to the homes of those people who live permanently within the City. She voiced concern regarding safety and the continuance of large parties at this particular “party house” if short term rentals are not regulated or prohibited.
Kimberly Loughlin, Highland Park resident, stated that there may not have been a lot of complaints that have been brought forward from residents regarding this topic but there are a number of people who are aware of the situation and are not happy about what happened. She discussed concerns with one house becoming a “party house” and the issues that will bring to the neighborhood.
Joyce Ann, Highland Park resident, voiced concern of safety during the January 1 incident. She discussed how a monitored rental is very different from a “party house”.
Henry Erlich, Highland Park resident, voiced concern with allowing an 8,000 square foot house to be rented on a short term basis. He provided information on other large parties that have taken place at the location of the “party house”. He voiced concerns with safety in the neighborhood. He explained that the neighbors are not requesting the prohibition of rentals but there has to be some kind of regulation put in place.
Alexis Kanarek, Highland Park resident, stated that the short term rental agencies are not stepping in to assist with the incident. She explained that she was comfortable with longer term rentals but not rentals for one or two nights.
Ms. Ann stated that she had contacted Airbnb and at this point, they are not taking any responsibility.
Ms. Skolnik provided some statistics of incidents that have taken place at Airbnb rentals across the world.
Ms. Loughlin discussed what has been going on with the short-term rental home in the Cooper’s Pond area within the City.
Mayor Rotering noted that a vast majority of neighborhoods do not have homeowner’s associations.
Councilman Knobel asked when this discussion item can come back for review with the Committee. She stated that one of the residents had mentioned that this “party house” has had parties in the last six months and wanted to know how enforcement was being handled.
City Manager Neukirch stated that the City was not notified.
Mayor Rotering stated that it is a burden for the neighbors to call and report every time something like this arises.
City Manager Neukirch stated that if someone calls, depending on when the call comes in, either Community Development or the Police Department will respond and they will address that incident at that moment. She explained that the City has hundreds of property maintenance concerns and staff has not been cross referencing as to whether the house is owner-occupied or not; the incident will be addressed through corrective action and/or citations. She stated that she fully understands the gravity of the incident that took place January 1, but generally, there have been very few incidents of “party houses”. She explained that in terms of next steps, further research will be conducted with Northbrook, Deerfield, Winnetka and Wilmette and that will be brought back to the Committee.
Community Development Director Fontane explained that if a rental property does not register, then they are issued a citation for an Administrative Hearing where a fine is assessed based on the duration of the lack of compliance; a fine can be assessed for each day the property is out of compliance.
City Manager Neukirch stated that more information and municipal research will be gathered and presented within a couple of months.
Mayor Rotering asked, in the meantime, how the City provides those neighbors the reassurance that their homes and neighborhoods are safe.
The Committee, City Manager Neukrich and Mr. Shless discussed the ability to open up a “party house” in downtown Highland Park.
Ms. Loughlin noted that there is a regulation in Chicago, that if enough neighbors petition a rental property as a nuisance, then they are put on a list that would prohibit them from renting and wanted to know if something like that could be done in the meantime while everything was being worked out.
Mayor Rotering explained how that type of law is not outlined in the City Code and staff could not tell someone right now that they could not rent their property. She asked if there was anything that could be done in the meantime.
Corporation Counsel Elrod stated that the property owner does have to abide by all nuisance regulations that are within the City Code.
The Committee was in consensus to review Lake Bluff’s regulations and create something similar for Highland Park.
Councilwoman Stone asked if the process can be started with the Plan and Design Commission in regards to changing the Code.
Corporation Counsel Elrod explained that the City would be the applicant and would need to speak with staff to initiate that zoning text amendment.
Mayor Rotering asked the Committee to review Lake Bluff’s current regulations and provide feedback if there should be any changes or additions.
Beach Structure Permit Regulations
Community Development Director Fontane reviewed the current process for Beach Structure Permit requests and requested feedback from the Committee as to if the City should move forward with modifications.
Councilwoman Stone stated that she is the Council liaison to the City’s Sustainability Advisory Group and noted that when beach structure permits are brought to the City for review, they have already been through the Army Corps of Engineers and State process; any changes that are requested by the City start the process all over again for the homeowner which creates setbacks in timelines. She explained that pedestrian access is something that is not usually considered by the Army Corps or State agencies.
Mayor Rotering asked who determines unreasonable access.
Councilwoman Stone explained that everything is pretty clear when they are brought to the City for permitting.
Community Development Director Fontane explained that the access does not need to be ADA compliant.
Councilman Stolberg stated that he was in favor of the Sustainability Advisory Group’s recommendation.
Public Works Director Kanapareddy explained that the Illinois Department of Natural Resources (“IDNR”) does regulate pedestrian access because the shore and lakes belong to the federal government.
Mayor Rotering confirmed that there would be an administrative review that would take into consideration the pedestrian access.
The Committee was in consensus with staff’s recommendations.
Steep Slope Zone Variation
Community Development Director Fontane reviewed the current process for all Steep Slope Zone Variations and requested feedback from the Committee as to if the City should move forward with modifications.
Mayor Rotering discussed the experiences her neighbors have gone through based on the current process.
Councilman Stolberg stated that what he believes the Zoning Board of Appeals (“ZBA”) explained was that they believed the recommendation by the Sustainability Advisory Group to be important because that group knew more and could opine in an intelligent way to make the best decision because the ZBA’s decision is final. In his opinion, he understands what the ZBA was attempting to do, but there needs to be the accessibility to good data from individuals that know more than the Commission so the information is available to make a better informed decision. He believed that if the engineer was available, that would assist in making a more qualified decision. He stated that he would be in favor of voting against the ZBA and PDC recommendation to not accept staff’s recommendation.
Councilwoman Stone explained that Steep Slope Zone variations do not have to go do IDNR or the Army Corps and deals mainly with the ravines; review of work in the ravines is not reviewed by any other agency outside of the City Engineer. She stated that the ravines are a unique geological feature in Highland Park and they require a deeper review when changes are requested. She opined on the idea that engineers review ravines from an engineering standpoint where there may be some drainage issues and they want to review how the water is flowing rather than looking at it as the unique geological form.
Public Works Director Kanapareddy stated that every steep slope is reviewed but if the steep slope is failing, engineering is required.
Mayor Rotering stated that Community Development is reviewing and opining on the variations.
Councilwoman Stone stated that there have been things the Sustainability Advisory Group has suggested. She explained that the Sustainability Advisory Group has individuals that are experts in landscaping, plants and water issues; they made recommendations for several properties in the past that did change the outcome of the project and were considered when the final proposal came through. She believes that the advisory group reviews the variations with a different eye than staff.
Councilman Holleman agreed that the Sustainability Advisory Group can add valuable input but in most cases, staff and an engineer are highly qualified to conduct the reviews. She stated that it is hard for homeowners to go through unnecessary delays due to cosmetic suggestions. She was comfortable with moving forward with staff’s recommendation.
Councilman Knobel expressed her appreciation for what Councilwoman Stone is saying and agrees with what Councilman Holleman has also said. She asked if a happy medium would be allowing a homeowner to appeal to the commission if they do not agree with staff.
Deputy Corporation Counsel Passman expressed his appreciation for the suggestion and if this is something that the Council would like to pursue, what is it that the homeowner would be appealing; staff really does not have much of a role because this is going through a variation process. He explained that an applicant has the right to seek a variation from the ZBA. He stated that if staff’s recommendation is in error, then there is an appeal process that is outlined within the Zoning Code.
Mayor Rotering and Community Development Director Fontane discussed Forestry’s involvement with the review of the variation.
Councilman Kaufman suggested that there could be two highly qualified ex-officio experts and allow them to assist with the staff review.
Community Development Director Fontane said it would only be for steep slope applications. Mayor Rotering voiced concerns with the ex-officio suggestion.
Councilman Blumberg stated the main issue that is attempting to be address is a) there needs to be access to a knowledgeable report for the ZBA to review; and b) speed in making decisions. He suggested a staff report that had intelligent background information, especially with a certified engineering report and that would most likely be adequate. He stated that the other alternative would be that the Sustainability Advisory Group would have to reach a decision within a certain amount of time, otherwise the staff report will be presented to the ZBA. He explained that the critical element is the time.
A majority of the Committee was in consensus with staff’s recommendation.
OTHERS MATTERS
There were none.
ADJOURNMENT
Councilman Blumberg moved to adjourn. Councilwoman Stone seconded the motion. On a voice vote, the Mayor declared the motion passed unanimously.
The Committee of the Whole adjourned its meeting at 7:31 PM.
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