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HomeMy WebLinkAboutNovember 20, 1993 COW COMMITTEE OF THE WHOLE MEETING NOVEMBER 20, 1993 The special Committee of the Whole meeting was called to order by Mayor VanDeVoorde at 9 :00 a.m. in the Council Conference Room. Present: Councilmembers Fox, Gilliam (arrived at 9 : 07) , Popple, (arrived at 9: 12) , Schock, Walters, Yearman, and Mayor VanDeVoorde. Absent: None'. Discussion of Chanqes in the Code Administration Program Joel Webb, Director of the Department of Code Administration (DCA) , in his opening remarks stated that when he became Elgin's Director of Code Administration he was requested to prepare proposals for changes to the code enforcement ordinance and to find funding to administer the program changes. He stated that the staff has been meeting regularly with representatives from the United Coalition for a Better Elgin, which has also prepared suggestions for what they would like to see in code administration. Rental Property Licensinq Proqram DCA Director Webb stated that under the City' s current rental registration program, it receives revenues of approximately $9,000 . The cost of administering the program is $43,000, and very little benefit is derived from the program. The staff' s recommendation is to initiate a rental licensinq program, or eliminate the current rental registration program. The proposed licensing program would be an integral part of systematic code enforcement, which would consist primarily of exterior inspections . Interior inspections would probably only be on a complaint basis. Edna Kruger, 32 Woodland Avenue, member of the Board of the Elgin Landlords Association, stated that the Board opposes licensing of rental property, recommends repeal of the current registration ordinance, elimination of systematic inspections, return to the complaint-driven inspections, and training for inspectors . George Doscher, 220 South State Street, speaking on behalf of the Elgin Heritage Commission, stated that the Commission has reviewed the Department of Code Administration's proposals and believes that licensing of rental property would be an advantage to landlords in that it would provide inspection of the tenants ' area. Numerous times it is the action of the tenants rather than the landlord that is the source of the problem. Robert Butters, General Counsel to the Elgin Area Association of Realtors, stated that the association supports the comments of the Elgin Landlords Association and believes the City would be better off with a complaint-driven program. He questioned i . Committee of the Whole Meeting November 20, 1993 Page 2 whether a licensing program with only an exterior inspection is he cost of administering the program. He also stated worth t p g g that the cost of the program will ultimately be borne by the tenants . 7 South Charles Treadwell, 975 Street, stated that he has been interested in city government since 1938, and the secret of good government in those days was voluntary compliance. He believes that the conditions in our city should not be the means of improving the city budget. There are some things we should get as services for our taxes without additional fees and a drain on our pockets . He stated that his main point is "Let' s keep it simple! " Judy Browne, 636 Park Street, Director of United Coalition for a Better Elgin, which represents 19 community organizations, stated that this is a multifaceted problem. People are literally being "stacked" in houses, abandoned cars are rampant, there is a lack of enforcement, ordinances are out-of-date, and there is a healthy dose of judicial inaction and inconsistency in sentencing. She also stated, "We have to start turning our attention to quality--not just quantity! " The Coalition is asking for the following: Systematic and consistent enforcement; realistic renovation schedules; training of inspectors; City code improvement (Some codes are not appropriate for this time and place. ) ; and continued involvement. The Coalition also wants to start meeting with the Planning Department. The Coalition absolutely support the licensing proposal . Al Cox, 600 Margaret, inquired about one and two-family dwellings being excluded from the proposed licensing program. Director Webb stated that those units would continue to be registered. Councilman Gilliam stated that he was embarrassed by the comments made by the Elgin Board of Realtors. He also stated that if we do what they want, the City will continue to deteriorate. He supports systematic inspections . Councilman Schock stated that there are costs involved by not licensing. There is a very heavy cost when we put 16-19 people in a building which is meant for a single family, and on which $2400 is paid in real estate taxes, but 14-15 children are put into school at a cost to the school district of $5000 per child. He stated that the landlords and realtors may have legitimate concerns, but to want to go back to what we did four or five years ago is to ignore reality. We pay by the poor image that is projected and the increase in crime. He supports licensing. Councilman Fox stated that in 1988 the City Council discussed licensing. After many public meetings, a compromise was reached. At that time the Council felt that licensing was too Committee of the Whole Meeting November 20, 1993 Page 3 strong, so it settled for registration. Five years later, things have not improved, and so now we are back considering licensing. Dick DeBoer, 814 Jefferson, has been in real estate since 1971 . He stated that there are 600 relators in the Elgin Area Board of Realtors Association, and he is one of a minority who supports licensing. However, he stated that legal support is needed in order to do what has to be done to evict undesirable tenants . Mr. DeBoer stated that in the past it had taken him 96 days to evict a tenant. He wanted the Council to know that the realtors ' board knows that this is a multifaceted problem. He stated, "Give us the tools to get the job done! " In response to Mayor VanDeVoorde's request that Director Webb set forth the benefits of licensing, Mr. Webb stated that in order to obtain a license, the dwelling would have to meet the minimum standards set down by the Board of Public Health and American Public Health Association. At any time the standards fall below, the owner would have time to correct the problems . It would be a benefit to know that every citizen has a place to live with minimum standards . It would raise the property values across the city. There would be a reduction in the crime rate because of proper occupancy rates . In response to the request to give landlords the tools to evict tenants, Director Webb requested that the landlords and realtors appoint committees to work with his department on the proposed ordinance to work out possible problems and concerns . Director Webb also suggested a Tenant School, so that tenants can learn how to live by the minimum standards . Councilwoman Yearman stated that the City definitely needs to get involved in the judicial system if it is taking 96 days to evict a tenant. Director Webb stated that most landlords are decent people who are being victimized by tenants. He also suggested something like an "uninsured motorist" fund for landlords that are victimized. Councilman Fox believes licensing needs to include voluntary compliance, and that the fees and paperwork be reasonable. Councilwoman Popple hopes that the groups who were opposed heard Joel ' s willingness to work with all people and groups . She hopes they will all support licensing and that their fears have been alleviated. She supports licensing. Kathy Ward, 312 South Liberty Street, stated that she has had to take a tenant to court and has had many conversations with Judge Grometer concerning tenant eviction. She believes it is being i Committee of the Whole Meeting November 20, 1993 Page 4 looked at. Mayor VanDeVoorde stated that he believes the City should 9 et involved. Bob Sites, represents property owners association bordered by Larkin, McLean, Bypass 20 and Lyle. He expressed his appreciation for the City' s installing the ROPE program. The officer has been living in the neighborhood about five weeks, and the neighbors are already reaping the benefits. Councilman Gilliam made a motion, seconded by Councilman Schock, to direct the staff to prepare a rental property licensing program. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. It was recommended that DCA Director Webb meet with the landlords, realtors, and coalition regarding the proposed ordinance. Councilwoman Yearman also emphasized meeting with the judiciary to assist landlords regarding eviction procedures . Reinspection Fees Director Webb stated that the department's composite hourly rate has been established at $30 . If it is necessary to go back out for a reinspection (not the first inspection, nor the inspection to determine whether there has been compliance) , but after that, and if there has been no request for additional time, a reinspection fee should be charged. In other communities, this has increased compliance more quickly. Citation Fee Increase Housing Supervisor Millikan stated that the citation fee for 'n code violations currently is 10 . If not aid within 10 housing y $ P days, it increases to $25 . These fees do not cover the cost of administering the citation program. The department proposes an initial $25 fee and a $50 late fee if not paid within 10 days . In that way we are asking the person who creates the problem to pay for the program rather than it being subsidized by the rest of the citizens. Edna Kruger from the landlords association stated they would oppose both of the foregoing proposals . The City' s goal should be compliance--not punitive. They have asked for something that states the landlord/owner is in compliance. Councilwoman Popple made a motion, seconded by Councilwoman Walters, to direct the staff to prepare ordinances to provide for the proposed reinspection fees and to increase the citation fees as proposed. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Councilwoman Yearman requested that a better system than serving warrants be investigated. Committee of the Whole Meeting November 20, 1993 Page 5 Handicap Accessibility of Parkinq Lots Department of Code Administration is responsible for enforcing Illinois accessibility statutes . These statutes are not always the same as the Americans with Disabilities Act (ADA) requirements. As of 1992, parking lots were to conform to the Illinois law. We have lots in the City that do not comply. Director Webb suggested that a permit be required for restriping a parking lot, and that this be part of the Property Maintenance Code. Raleigh Sutton, 125 Vine Street, advised the Council of his ongoing battle with the Attorney General regarding approximately 400 complaints concerning accessibility. Councilwoman Popple made a motion, seconded by Councilman Fox, to direct the staff to prepare an ordinance as proposed regarding .compliance with the handicapped accessibility requirements for parking lots . Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays : None. Adjournment The Council agreed to hold future meetings to consider the remaining agenda topics after completion of the budget meetings . Councilman Fox made a motion, seconded by Councilwoman Popple, to adjourn the meeting. Yeas : Councilmembers Fox, Gilliam, Popple, Schock, Walters, Yearman, and Mayor VanDeVoorde. Nays: None. Meeting adjourned at 11 : 05 a.m. December 15, 1993 Dolonna Mecum, City-Clerk Date Approved