City Council

MINUTES SPECIAL JOINT MEETING OF CITY COUNCIL AND SAFE/QUALITY HOUSING TASK FORCE CITY OF DEKALB June 26, 2012 The City Council of DeKalb, Illinois, held a Special Joint Meeting with the Safe/Quality Housing Task Force on Tuesday, June 26, 2012 at 6:00 p.m. in the Council Chambers of the DeKalb Municipal Building, 200 South 4th Street, DeKalb, Illinois. Notice was given and the meeting was called pursuant to the provisions of Chapter 2, Section 2.05 of the Municipal Code of the City of DeKalb, Illinois. Mayor Povlsen called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen, Alderman David Jacobson, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor and Alderman David Baker. Absent were Alderman Tom Teresinski and Alderman Monica O’Leary. Also present were members of the Safe/Quality Housing Task Force: Brian Morsch, Bill Nicklas, Mike Pittsley, Glenn Roby, Herb Rubin, Jerry Wahlstrom, Ed Wilcox, and James Zanayed. Absent were: Brett Brown, Myron Myers, John Rey and Jill Zambito. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Gene Lowery, Police Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Public Works Director – Engineering; Eric Hicks, Interim Fire Chief; Luke Howieson, Fire Prevention Officer; Byron Wilkins, Contracted IT Technician; Tammey Higgins, Deputy City Clerk; and Diane Wright, City Clerk. Mayor Povlsen announced that Ald. Teresinski and Ald. O’Leary would be unable to attend the meeting tonight. Mayor Povlsen welcomed all and stated that this issue is a 1 ½ year project by the Task Force and much time and effort were spent arriving at this point. He asked that all attendees provide their views for discussion. He noted that the public would not be asked to comment tonight, but will be able to do so at future meetings. Special Joint Meeting of City Council and Safe/Quality Task Force June 26, 2012 Page 2 of 5 B. APPROVAL OF MINUTES: SAFE AND QUALITY TASK FORCE: APRIL 10, 2012 MEETING MOTION Mr. Rubin moved to approve the Minutes of the Safe/Quality Housing Task Force of April 10, 2012; seconded by Mr. Wilcox. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ald. Lash arrived at 6:14 p.m. C. CONSIDERATION ITEM: 1. SAFE AND QUALITY HOUSING ISSUES Mr. Nicklas discussed the Crime-Free Addendum which is suggested to be included in all leases and recommended that current property owners be notified of the Addendum. Ald. Jacobson asked by what means this will be implemented and by what method the City will insure the form is used by all landlords. He suggested that they be posted permanently in the rental buildings in a conspicuous place. Mr. Biernacki reported that staff concurs that a Crime-Free Addendum be included in the leases. Through research, staff determined that municipalities that utilize this Addendum require that there be first a mandatory crime-free training seminar conducted by the police, and that the seminar is a condition upon which the landlord is able to rent the property. He added that this seminar leads to increased communication and relationships with police and landlords. Chief Lowery stated that, in his experience in other municipalities the issue hasn’t been adversarial between police and landlords. There may be intervention at times, but the relationship is a partnership, he said. Chief Lowery discussed redaction of names on the Addendum, but added that those names are part of a lease. He noted that the violations follow a civil process and a conviction is not required. The Crime-Free Addendum he said is a tool for police, the property owners and the community, and added this is a “win/win” situation. The seminar, he said, reinforces communication with police, other City officials, and creates a partnership wherein the police department has another set of “eyes” in the community. It is a tool to help all keep the rental units and the community safe. Mr. Rubin stated that the Task Force agrees with the Crime-Free Addendum, but has issues with the mandated training. Mr. Morsch stated that the landlord association wants this to work. Mr. Wilcox asked in what way enforcement of the Addendum will take place, and questioned if it could be worked out between the tenant and landlord. He suggested that landlords have some discretion. Chief Lowery stated the incidents will go through various stages. Chief Lowery stated it is not entirely in the hands of the landlord. Mr. Frieders stated this topic is a transition to the second issue. The primary purpose of the Addendum, he said, is to give the landlord a tool to do participate in keeping the building crime free. He added it is about empowering the landlord to take action.  Special Joint Meeting of City Council and Safe/Quality Task Force June 26, 2012 Page 3 of 5 Mr. Pittsley stated that many municipalities require the landlord to submit a security plan and asked if this is recommended by the City. Mr. Biernacki responded that during the training this can be addressed. Chronic Nuisance Enforcement: Mayor Povlsen stated this deals with behavior of unruly people and is called the Disorderly House Ordinance. The ordinance would involve the police with problem rental units. Mr. Nicklas stated there is presently a provision in the Municipal Code regarding a fine for this issue. He further discussed the proposed Disorderly Housing Ordinance. Discussion followed including notification to all landlords. Mr. Biernacki stated that staff welcomes it and noted that a communication protocol and procedure be implemented. Chief Lowery stated that there are stages to remediate incidents regarding disorderly housing. Ald. Lash inquired about warnings for disorderly housing. Mr. Nicklas suggested there be some record of incidents. Mr. Frieders stated that the City currently has a Disorderly Housing Ordinance and the police track responses made to properties. Chief Lowery added that all calls are documented in the system. He added that it is not the officer’s decision to determine the level of response; it will be handled by the coordinator and Police Chief’s designee. Mr. Pittsley acknowledged the City needs more code enforcement staff, but added there is a need for a coordinator. Mayor Povlsen stated that the primary issue is by what method it will be funded. Ald. Gallagher suggested using computer-generated programs to document and log in incidents. Mr. Morsch stated that this is a landlord sub-committee initiative and their idea was to focus more on the perpetrator, not the landlord as staff suggested. Mr. Nicklas added that there is an escalation of fines as the number of incidents occur. Ald. Baker stated that the landlord/tenant handbook was successful. Discussion of terms of lease was discussed. Registration was next discussed. Mayor Povlsen noted that the City currently has a registration process in place and landlords are required to register three or more units with a one-time registration, but added that it is not effective. Mr. Wilcox stated that the Task Force is not recommending a one-time registration, but a yearly registration by landlords. Mr. Nicklas disagreed with Mr. Wilcox and said that the Task Force agreed with the recommendation presented by Mr. Biernacki with the addition that the information be updated. Mr. Morsch said that the failure is not on the landlord community, and added that 435 units are registered with the City, but the list may not be current. Mr. Biernacki noted there are over 9,000 units in DeKalb. He stated that everything being discussed hinges on the topic of registration. He added the current process does not compel compliance with the Code, and suggested there be an annual registration with an appropriate fee. He stated it is important to have this tool to compel compliance. The fee will begin to generate resources to put the programs in place including a coordinator and code inspectors, he added. It is staff’s recommendation it become an annual licensing requirement with an attached fee, he said. Mr. Rubin stated there are handfuls of people creating problems. Mr. Wahlstrom asked if the Special Joint Meeting of City Council and Safe/Quality Task Force June 26, 2012 Page 4 of 5 licensing is tied into inspections, and suggested the licensing be a separate issue from inspections. He suggested implementing a fine structure for failure to register. Ald. Gallagher asked if the annual licensing will be tied in with a fee. Mayor Povlsen stated that issue has to be debated. Ald. Gallagher also asked about amnesty for those who do not register. Mr. Wilcox stated that if one is opening a business, it is your responsibility to determine the City’s requirements. He suggested that the fee structure not cause a burden on the landlords which requires them to raise rents. Ald. Baker suggested a real estate transfer tax. He added he was unaware the registration process was not working and believed this was a great system and the registration should be done one time. Mr. Wahlstrom stated that an additional effort by the City should be made to educate all on the registration process. Ald. Lash stated many homeowners are renting their homes in that they are unable to sell them. Mr. Wilcox stated the reason the program is a failure is that there was no enforcement. He added that landlords be required to annually provide any updates or changes. Also, he said, the Task Force is a waste of time if there is no enforcement; he told Council it is their responsibility to figure how to pay for it. Mr. Biernacki stated that fines occur without regularity needed to finance a program. Also, he said, the City doesn’t want to be placed in a position to rely on them rather than compliance. Mr. Morsch stated the landlord association offered to take care of the registration process. He stated there is a recommended $300 fine. He suggested using community service officers who, he added, would be a fraction of the cost of general employees. Also, he said, the City can hire four- five community service officers for one City employee. Ald. Gallagher proposed annual registration. He pointed out that times have changed in the last ten years and more single family homes are being rented which has brought in new landlords. Mr. Wilcox added that the registration should include every rental unit. Ald. Naylor asked for clarification on the landlord association. Mr. Morsch stated that the association has the ability to create a database. Ald. Naylor stated he was under the impression that the NIU study was looking at all rentals. Mr. Nicklas stated there may be an opportunity to compare lists because people may become rental property owners quickly and the City may not be aware of it. Mr. Wilcox stated it needs to be a City-driven process. Mr. Roby asked for clarification from Mr. Morsch that the landlord association would handle the data base including registration, management, etc. at no cost. Mr. Morsch replied affirmatively. Inspections: Mayor Povlsen stated that the current practice is to inspect on a complaint basis. Mr. Nicklas stated that the Task Force acknowledges that there is a property maintenance code in place in the City. Mr. Biernacki noted that attention needs to be given to property maintenance inspections. He added that the Task Force recommends that the City move beyond the complaint- driven process for inspections and move to the next level; sidewalk program. This involves inspecting exteriors of all residential properties and observing code violations from the public right-of-way. If Council wishes to proceed, they will determine the level and regularity of inspections. He added that level three inspections would involve inspecting the exterior along with  Special Joint Meeting of City Council and Safe/Quality Task Force June 26, 2012 Page 5 of 5 interior common areas. That would suggest there are other areas that need attention, he said. Level four is practiced by many university towns in which the exteriors, common areas and certain interiors are inspected. Staff concurs with the Task Force to proceed with a level two inspection program. Council would decide how much of the town they want inspected. Also, he suggested setting January 1, 2017 as a date to move into level three. Mr. Pittsley stated that Code Inspectors inspect ninety (90) rooming houses with the assistance of the Fire Department. Additionally, they respond to emergencies, gas stations, restaurants, bars and grocery stores. They review plans for new construction, issue permits. They average seven (7) complaints per day. Code Enforcement is over-burdened, he said, and cannot handle much more. Mr. Wilcox asked what mechanism is in place in an owner home if the fire department witnesses a code violation. Mr. Frieders replied that if a significant violation is observed, staff works with the owner to resolve it. Mr. Pittsley stated the Water Department has the ability to view code enforcement issues. Mr. Moore stated they are not code enforcement officers and this could be a difficult area to pursue. He added that they cannot enter property without permission. Mayor Povlsen stressed the need for more resources. He added that the City has dedicated $150,000 from the General Fund for this project. He stated that Council must decide what level it wants and determine other resources for funding. He added that another meeting will be scheduled, and at that time the public will be invited to speak. Mr. Morsch stated that based on Task Force recommendations, it will not take a lot of money to run the program. Mr. Rubin suggested another meeting with a public hearing. D. ADJOURNMENT; MOTION Ald. Gallagher moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 8:09 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council July 9, 2012