HomeMy WebLinkAboutNovember 30, 1988 COW Committee of the Whole Meeting
November 30 , 1988
Mayor VanDeVoorde called the meeting to order at 4 :04
p.m. , in the Council Conference Room. Members present :
Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters
and Mayor VanDeVoorde. Absent : None .
Budget Review
Planning Department
Roger Dahlstrom review the Planning Department Budget
for 1989 .
Council discussed the amount of contribution for 1989
to the Northern Illinois Planning Commission. The amount
requested was $5 , 840 .00 .
Mayor VanDeVoorde stated he would support giving the full
amount of this request .
Mr.Dahlstrom stated the budget provided for two additional
part time clerical persons, and he would prefer to fill
this position with one fulltime clerk.
Council requested that both of the above items be placed
on a list for further comsideration.
Police Department
Chief Baird stated there is 1 officer vacancy, 1 officer
is absent on medical leave and there is reason to believe
he will seek a medical disability retirement . In addition
there is a possibility of 8 officers retiring in 1989 . Chief
Baird stated the proposed budget provides for a third
Deputy Chief position, which will steamline the organizational
structure of the department . The proposed structure will
provide better supervision and direction within the various
functions of the department , resulting in an improved
delivery of service.
Councilman Fox stated the city and population has grown
and we should not expect police , fire or Public Works
to work with the same number of people. Councilman Fox
said he was in favor of adding three additional officers .
Jim Cook stated we must look at productivity and getting
new personnel into the organization structure before hiring
more personnel, because you can only absorb so many new
personnel effectively.
Mr. Cook further pointed out other departments who have
had no increase in personnel and this must be addressed
also.
Committee of the Whole Meeting
November 30 , 1989
Page 2
Fire Department
Chief Henrici stated his department is presently short
three people, and there will be a need to staff the proposed
new fire facility in 1990 . In order to train personnel
for certification it takes about 4 years.
Councilwoman Moylan suggested hiring the new personnel
in September or October.
Engineering
Demonstration of Public Technology, Inc. , Computer-
Aided Mapping System.
Adjournment
Councilman Gilliam made a motion, seconded by Councilman
Walters to adjourn the Committee of the Whole Meeting.
Yeas : Councilmen Fox, Gilliam, Moylan, Popple, Shales,
Walters and Mayor VanDeVoorde. Nays: None.
The meeting adjourned at 6 :00 p.m.
Marie YearmA&, City Clerk
COMMITTEE OF THE WHOLE MEETING
November 30 , 1988
The Committee of the Whole Meeting was called to order
at 6 : 30 p.m. , in the Council Chambers by Mayor VanDeVoorde .
Members present : Councilmen Fox, Gilliam, Moylan , Popple ,
Shales , Walters and Mayor VanDeVoorde. Absent : None.
Continuation of consideration of licensing rental property.
Lynn Klein, President of the Elgin Board of Realtors ,
982 S. State Street , Hampshire, Illinois : Thank you for
allowing the Elgin Board of Realtors to come here this
evening and present our position statement regarding your
proposed ordinance for rental registration and inspection
of residential rental property.
Joan Rich: I too would like to thank the Council for
allowing the realtors to have the time to present our
position. Our objective of course , is to offer some alternatives
to the ordinance that was suggested by the City.
It was agreed that 100% of the Directors were against
the ordinance as written. It was unanimous that all Board
members agreed improving the quality of life in Elgin
was a common goal. Also all members were in favor of
cleaning up the City, and making Elgin look better.
In the past weeks my committee, comprised of ten members
of the Elgin Board of Realtors , did a lot of research
and this is how we came up with the information in front
of you with our Position Statement . We surveyed six different
communities , Aurora, Quincy, Evanston, Oak Park, Rockford
and Joliet . From this survey is where we arrived at our
Position Statement . I would like to have Lynn Klein begin
to present that Statement to you.
Position Statement
The Elgin Board of Realtorse is committed to the promotion
of the health, welfare and safety of the general public and the
maintenance of the quality of housing stock within its community.
The Governmental Affairs Committee and the Board of Directors of
the Elgin Board of Realtorse have reviewed An Ordinance to
Providing for the Registration and Inspection of All Rental
Residential Property and wish to provide the following comments
and suggestions for consideration by the City Council .
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Committee of the Whole Meeting
November 30 , 1988
Page 2
1 . It is our suggestion that the City Council establish a
committee to investigate and review other practical alternatives
to the proposed ordinance. Working in conjunction with legal
counsel , the committee should review similar ordinances of
Illinois municipalities with a view to adoption of a workable ,
practical , constitutional and financially practicable ordinance
which would enhance " . . . the existing city-wide systematic
building code inspection program. " ( See "Notice of Public I
Hearing" issued by Marie Yearman, dated September 3, 1988) . The
committee should be comprised of a representative , cross-section
of the community with Realtor® representation, and a liaison to
the City Council .
2 . Regardless of whether the final decision of the City
Council is to enhance the existing city-wide systematic building
code inspection or adopt a new ordinance , serious consideration
should be 9 iven to the hiring of credentialed , licensed
inspectors with proven expertise in their field of inspection.
Qualified , experienced personnel is an essential element for
implementation of a credible , uniformly applied inspection
program. Expert and uniform application of the building P P PP 9 code
would in all probability be essential elements of any action
brought b the City to enforca an ordinance adopted
9 Y Y Y
3. The City Council or the special committee appointed to
investigate this matter will , of course , wish to consider and
plan for the short term and long-term budgeting requirements for
start-up costs and continued implementation of any inspection
program, particularly that presented in the proposed ordinance .
Based upon the statistics of the recent Special Census presented
on July 28 , 1988 there are 10 , 212 rental units in the City of
Committee of the Whole Meeting
November 30 , 1988
Page 3
Elgin comprised of the following:
1 unit detached 1 , 223
1 unit attached 1 ,405
2 units 1 ,441
3 and 4 units 1 ,320
5 or more units 4,790
Presuming for the moment that a majority of these rental units
experience an annual occupancy change , the implementation costs,
including City staffing requirements , could be overwhelming ,
particularly if the proposed ordinance calling for an occupancy
permit for each registered unit is adopted . It is our
understanding that an essential element of any ordinance ' s
viability is a showing that there is no harm to the owner ' s
legitimate economic interest through "untimely" inspections. We
do not believe that current staff could be expected to inspect
and report in a " timely" fashion . It seems obvious that the
administrative costs of any program cannot be covered through
"landlord fees . " Careful consideration should be given to
budgeting and funding availability.
4. We would encourage the City to inspect all residential
income property.
5 . While the Elgin Board of Realtors® shares the City
Council ' s strong feelings concerning the elimination of illegal
drug sales and use in our community and advocates consistent and
full implementation of "drug" laws, we question the advisability
of Section 6. 37 .0902. of the proposed ordinance. If an owner of
a property (who does not occupy a unit) is convicted of the sale ,
use or possession of a controlled substance , why would a
registration permit be revoked? Contrariwise, if a tenant is
convicted of similar drug law violations (and landlord cannot
legally or practically control all actions of their tenants) , why
Committee of the Whole Meeting
November 30 , 1988
Page 4
should the owner/landlord suffer the consequence of the
revocation of a registration permit? Does the law hold the owner
accountable for the actions of the tenant? Is this violative of
the owner ' s constitutional rights? Certainly , in that
circumstance , if law enforcement authorities have reason to
believe that an illegal activity is occurring on a landlord ' s
premises , they could communicate that fact to the landlord .
Generally speaking, the owner/landlord would have the ability,
under the terms of most leases, to evict the tenant.
6. We believe that any ordinance adopted should provide a
basic framework of "due process. " Section 6.37.090 B. 1. (4) of
the proposed ordinance seems to address this issue; however, we
feel the Council or the special committee should look into an
expanded appeal process similar to that used by the City of
Aurora.
Additionally, because a portion of Elgin is in Cook County,
it may be more practical , from a code enforcement perspective, to
have the Kane County courts obtain , and retain , jurisdiction over
building code matters. It would be especially desirable to have
a special "housing court" judge hear cases on specified days each
month dealing exclusively with building code matters.
7. We have grave reservation over Section 6.37 .090B 2 and 3
of the proposed ordinance and any variations thereo-f. - These
sections do not seem fair to tenants (particularly where building
code violations may be minor) , will impose a serious burden on
remaining rental housing stock , and interfere with the
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Committee of the Whole Meeting
November 30 , 1988
Page 5
constitutional and contractual rights of both owners and tenants
without appropriate judicial (eminent domain or condemnation)
proceedings.
If the objective of any City initiative is to maintain the
quality of rental housing stock and the public health, safety and
welfare, it would seem that these objectives could be achieved
through stringent building code enforcements (by citation with
fines and judicial proceedings) without placing undue hardship on
the tenant population.
8 . As an inducement to building owners to maintain and
improve existing rental housing stock, we feel it would be
beneficial to the City to explore the possibility of initiating a
program to provide low interest financing for improvements,
including correction of code violations, to building owners.
Conclusion
Clearly, the issues of " inspection" , "registration" and
"occupancy permits" require more study, community input and
careful consideration.
The cooperation of property owners in the maintenance of
their rental properties and enhancement of our community is
essential . By giving them, and other community representatives,
an opportunity through a special committee to become involved in
the research and preparation of a proposal to address all of our
concerns , we have a rare opportunity to instill a spirit of
Committee of the Whole Meeting
November 30 , 1988
Page 6
cooperation that threats of fines can never achieve. Effective
communication of existing building codes, thorough analysis of
"complaints" received and networking between city and real estate
groups will go far to achieve our mutual objective.
Respectfully submitted,
Lynn Klein
President
Elgin Board of Realtors*
Attorney Robert Cichocki, 1101 Lake St . , Oak Park, Ill. ,
representing the Board of Realtors: We feel that Section
6 . 37 .090 A ( 2 ) wherein it states the owner, agent , tenant ,
or occupant , has been convicted of a sale , use , possession
of a controlled substance that the registration permit
for an apartment could be revoked. We feel that while
the Board of Realtors shares your strong feelings about
illegal drug sales and use within the community, that
may deprive a tenant or an owner of their due process
under the law, and legal protection under the law. It
is not fair and I think we are dealing with elements of
fairness that if an owner of a property has been convicted
of having a controlled substance , or use of a controlled
substance, or sale of a controlled substance, it has absolutely
nothing to do with that apartment . Why should the owner
of an apartment suffer a revocation of the registration.
We would hope that an effective networking could be established
between building inspection and/or other City departments
so that if the Police Department had strong feelings ,
or another City department had strong feelings that a
tenant to the property was creating a problem from a drug
perspective that there could be some communication with
the owner of that property.
Lynn Klein: Clearly the issues of inspection, registration
and occupancy permits require more study, community imput
and careful consideration. The cooperation of property
owners and the maintenance of their rental property and
enhancement of our community is essential. By giving
them and other community representatives an opportunity
through a special committee to become involved in the
research and the preparation of a proposal to address
all of our concerns . We have a rare opporunity to instill
Committee of the Whole Meeting
November 30 , 1988
Page 7
a spirit of cooperation that threats or fines cannot achieve.
Networking between the City and real estate groups will
go far to achieve our mutual objective.
Councilman Gilliam: I agree with you on Section 5 , when
you talk about the drug thing, I think that is a good
point . I think you made a good point that it would be
tough to break a lease, I think that is important . I think
that we all have an interest because the people that don ' t
take care of their properties they bring an eyesore not
only to Elgin , but also to the Board of Realtors. How
do we as a city try to deal with that avenue so that we
can try to correct the problems , because it effects everyone.
I think that is the frustration that I sense, and how
do you attack this without trying to harass , harangue ,
and bother a lot of other people that are doing a good
job.
Attorney Cichocki: I think that what they are suggesting
that those avenues be investigated, that this committee
be formed, that they do participate in the study, that
you explore what other municipalities have done, without
creating new departments , and yet not violate anyone ' s
constitutional rights .
Councilman Fox: One of the points that brought this whole
ordinance up was that staff suggested it would be helpful
to have a list of all the landlords , so one of the things
that was suggested in here , and seemly the least controversial,
was the registering of landlords . For some reason there
is a major objection to that , and the position paper does
not deal with that .
Attorney Cichocki: The major problem would be if the
property is in a land trust , the disclosure of who owns
the beneficial interest , because you could certainly
from the tax rolls find out who owns the property.
Jim Cook: You can find this out , but it would greatly
expedite the system if there was a registration system,
such that if we could go to an address and have right
there the person, and we would save the staff time of
going tracking down the court and tax records.
If there was registration permit , a licensing process ,
that we could go to and it was their responsibility to
keep that current , or there were penalities to not keeping
it current , then we would be able to speed that portion
of the process . That piece of this whole process would
be of great practical use to the staff.
Committee of the Whole Meeting
November 30 , 1988
Page 8
Councilwoman Moylan: When land trusts are listed they
would have a contact person, the idea is to have someone
we can contact , and the other thing I seriously want is
the owner saying there are 4 units here, or there are
2 units here. Someone who owns it , or is responsible
for it certifying that this is so, and if it is found
not to be so something, they are on line as saying that
they had legal units .
The whole thing is for the security and protection of
citizens and I want to have that list of the owners , and
the number of units .
Councilman Gilliam: Would the Board of Elgin Realtors
agree that we would be able to get a list of people , the
landlords , a list of the occupancy, if it is a 2 apartment
or 4 apartment , so that we would have that information,
which would cut down on our workload, and then after that
we would follow the process that we have in place now.
Lynn Klein: I certainly think that we could take that
back to our government committee and talk to them about
it . I think this is definitely something that could
be considered.
Bill Eitzenhofer, President of Gifford Park Assn. : I
have heard some positive things , but we have not had an
opportunity to look at the position statement , if we could
get a copy then we can come back and respond to it .
Edna Krueger, 32 Woodland: I think there is a misconception
that all owners of rental property happen to be realtors ,
that is not true. I think the idea of a committee would
be fine , but I think it should include people, not only
realtors , it should include people who owners of rental
property, and possibly tenant representation.
Mayor VanDeVoorde: We are only interested in enforcing
the codes and improving the quality of life in this community.
Councilman Gilliam: Is it possible that we could look
at just a registration program, to identify tenants and
landlords , and leave it at that , and pursue the programs
that we have in place.
Mayor VanDeVoorde: I could support that . One thing I
keep saying, I think we ought to have enough rules and
codes on the books today, I would be very happy to see
enforcement of what we already have , I don 't have any
problem of finding any code violations , what I would like
to see is the correction of those that we have.
Committee of the Whole Meeting
November 30 , 1988
Page 9
I think we have to give emphasis on code enforcement ,
and a housing court to me seems like an excellent idea,
and I would like to pursue that .
Councilman Gilliam: I will make a motion to ask staff
to develop a registration program so that we can identify
units and owners and this information can be place on
file , to seek with Kane County the development of a housing
court , and to bring this back to Council for review.
Councilwoman Moylan: I was hoping that this motion included
the $25 . 00 fee just to cover costs of staff.
Councilman Gilliam: All I am doing is asking staff to
bring something back, and if that is part of it then we
can look at it .
Councilwoman Moylan: I would like to see that in there
because we do have to cover the cost of the clerk who
will take that registration.
Councilwoman Popple: We still have to find a way to reach
those people who don't register, who are our problem.
Mayor VanDeVoorde: That is one thing our staff will have
to look at and become part of the recommendation.
Councilwoman Moylan: I will second the motion.
Yeas : Councilmen Fox, Gilliam, Moylan, Popple , Shales ,
Walters and Mayor VanDeVoorde. Nays : None.
Discussion of riverfront property.
Mayor VanDeVoorde: I have read some interesting articles
in the newspapers , and getting a load of information of
Mr. Reese , and some letters from the Izaak Walton League ,
and others, I an not prepared to discuss it tonight , but
I would like the Council to consider the creation of a
committee to look into the riverfront . The river is very
important to us , it is a thing of beauty and it provides
water for us . We should see that it is used for the entire
community. We had a program of acquiring land when it
was available, and the County now says they are interested
in acquiring all of the riverfront land from Algonquin
to Montgomery. I don ' t think they meant that , or maybe
they were misquoted, but it did get me to thinking. The
long and short of it is I would like us to now proceed
to consider creating a committee to look into this whole
matter and come to the Council with recommendations .
Committee of the Whole Meeting
November 30 , 1988
Page 10
Councilwoman Shales made a motion, seconded by Councilwoman
Popple to have this matter placed on the next Committee
of the Whole agenda for further consideration.
Councilman Fox: I have mentioned to the Mayor that I
would like to be placed on this committee.
Mayor VanDeVoorde stated this was true and he thought
Mr. Kelly, Mr. Reese and Steve Byers would also like to
be on the committee.
Yeas : Councilmen Fox Gilliam Mo Y lan Popple , Shales
I
Walters and Mayor VanDeVoorde. Nays : None.
Consideration of a request from the Elgin Housing Authority
for assistance in the purchase of equipment .
Councilman Gilliam made a motion , seconded by Councilwoman
Popple to approve the rebudgeting of CDBG funds as proposed
by the HAE:
i
Projects funded - 1988 Proposed rebudget
HAE Fences $18 , 000 HAE Fences $ 8,000
HAE Roofs 17 ,000 Roofs - delete
HAE Si na e 12 , 000 Si na e - delete
HAE Insulation 39 , 000
$47 ,000 $47 , 000
Yeas : Councilmen Fox, Gilliam, Moylan, Popple, Shales ,
Walters and Mayor VanDeVoorde. Nays: None.
Councilman Gilliam made a motion, seconded by Councilman
Walters to direct staff to advertise the availability
of CDBG funds, and establish the public hearing process .
I
The funds available for rebudgeting being
CDBG Program Income , currently $42 , 000
CBD Loan from 1983 , $16 ,170
Landmark Apartments from 1986 , $14 ,000
Total - $72 , 170
Councilman Gilliam stated HAE was requesting 75
q g 000 to$ ,
replace hot water heaters and ranges , and perhaps the
difference between the $72 ,170 and $75 ,000 ( $2 , 830 )
could be allocated in the 1989 budget .
Yeas : Councilmen Fox Gilliam Mo Y lan Popple, Shales
Walters and Mayor VanDeVoorde. Nays : None.
Committee of the Whole Meeting
November 30 , 1988
Page 11
Consideration of a request for 6B tax classification.
Council reviewed a letter from School District U-46 which
indicated the Board has no opposition to the application
to the county for 6B classification for a five acre parcel
along Gifford Road. The Board assumed this application
and development project will proceed rather quickly, but
should the matter drag on for several years , the Board
May wish to alter its stand.
Councilwoman Shales made a motion , seconded by Councilwoman
Popple for staff to prepare a resolution of support for
the Class B tax incentive classification. Yeas: Councilmen
Fox, Gilliam, Moylan, Popple, Shales , Walters and Mayor
VanDeVoorde. Nays: None.
Consideration of renewal of Greyhound Lease
Councilwoman Moylan made a motion, seconded by Councilman
Fox to enter into an agreement with Greyhound for the
lease of one lane at the City Bus Terminal. Yeas : Councilmen
Fox, Gilliam, Moylan, Popple, Shales , Walters and Mayor
VanDeVoorde. Nays: None.
Consideration of Rage 6 Agreement with Commonwealth Edison.
Councilman Gilliam made a motion, seconded by Councilman
Fox to approved the proposed agreement with Commonwealth
Edison. Yeas: Councilmen Fox, Gilliam, Moylan, Popple ,
Shales , Walters and Mayor VanDeVoorde. Nays: None.
Consideration of payment for sewer repair on North Liberty
Street .
Councilman Gilliam made a motion, seconded by Councilwoman
Popple to authorize payment to the sewer contractor for
repairs in the amount of $9 ,121.14 , and that the Searcy' s
be released from their original agreement to pay for costs .
Yeas : Councilmen Fox, Gilliam, Moylan, Popple, Shales ,
Walters and Mayor VanDeVoorde. Nays: None.
Consideration of parking restrictions for Hammond Avenue
Councilman Gilliam made a motion, seconded by Councilwoman
Popple that parking be limited to the south side of Hammond
Avenue only and that a No Parking restriction be placed
on the north side of Hammond Avenue from St . Charles Street
to Grace Street . Yeas : Councilmen Fox, Gilliam, Moylan,
Popple, Shales , Walters and Mayor VanDeVoorde. Nays : None.
Committee of the Whole Meeting
November 30 , 1988
Page 12
Consideration of a request from the Illinois Housing Development
Authority for transfer of tax credits for low and moderate
income housing.
Councilman Gilliam made a motion, seconded by Councilwoman f6-1 do, PA
Popple to approve the subject request . Yeas : JA il grr,
t A
Consideration of recommendations for the administrative X
organization for zoning. Y �
Councilwoman Moylan made a motion, seconded by Councilman
Walters to approve the staff recommendations to the zoning Sh'q 1gs
ordinance administration. Yeas : Councilmen Fox, Gilliam,
Moylan, Popple, Shales , Walters and Mayor VanDeVoorde.
Nays : None.
Adjournment
Councilman Walters made a motion , seconded by Councilman
Fox to adjourn the Committee of the Whole Meeting to go
into the regular Council Meeting. Yeas : Councilmen Fox,
Gilliam, Moylan, Popple, Shales , Walters and Mayor VanDeVoorde.
Nays: None.
The meeting adjourned at 8: 00 p.m.
Marie Yearman, City Clerk