City Council

MINUTES SPECIAL MEETING OF CITY COUNCIL CITY OF DEKALB September 19, 2012 The City Council of DeKalb, Illinois, held a Special Meeting on Wednesday, September 19, 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 (arrived at 6:01 p.m.), Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary Also present were: Mark Biernacki, City Manager; Dean Frieders, City Attorney; Gene Lowery, Police Chief; Eric Hicks, Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director of Public Works – Engineering/Transportation; Jeff Birtell, I&T Technician and Diane Wright, City Clerk. B. APPROVAL OF AGENDA – ADDITIONS/DELETIONS MOTION Ald. Teresinski moved to approve the Agenda; seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen stated that the meeting will provide an opportunity for citizens to address the four main topics that have been addressed at previous meetings. He added that Council will give their comments later in the meeting with possible direction for staff. C. OVERVIEW OF ISSUES BY DEKALB MAYOR KRIS POVLSEN 1. SAFE AND QUALITY HOUSING ISSUES a. Crime-Free Lease Addendum Requirement b. Chronic Nuisance Ordinance Enforcement c. Licensing/Registration d. Rental Property Inspection D. PUBLIC HEARING Ms. Carla Hanson stated she is a homeowner and lives next to a person who doesn’t take care of their property. She stated that a hearing was held in August for her neighbor but it was continued. She added that the neighbor has been fined, but still doesn’t clean up the yard. She added property owners should maintain their property, and the laws should be enforced. She Special Meeting September 19, 2012 Page 2 of 7 asked for Council’s help to enforce the chronic nuisance enforcement. Mr. Jerry Wahlstrom stated he is a small landlord. He distributed a pamphlet to Council regarding code violations in 2009 and 2010. He stated the main violations are grass and weeds, accumulation of garbage, snow and ice removal. He said the number of code calls exist for owner-occupied residences as well as rental properties. Mr. Brad Rubeck, a landlord in DeKalb emphasized the crime situation. He stated that the City can apply all the enforcement, but it will not stop the criminal activity. Evictions will not solve these problems, he said. As long as it is profitable for drug dealers, they will continue to stay in DeKalb, he said. There needs to be convictions for criminals, he said. Mr. Myron Myers discussed the historic district in the North 5th Ward. He stated there has been a movement to restore the homes there. He added that he is concerned about the police calls to the neighborhood. The ordinance, he said, seems to be a better way to stop problems before they occur. Mr. David Castro stated the time has come for Council to decide the future of DeKalb. He noted that police and fire find violations when called to a residence. He asked who will be responsible if someone is injured in a fire if there are code violations. Will Council Members stand unmoved and share the vision for a better DeKalb in the future, he asked. Mr. Kevin Goldstein stated he lives in the historic district and the neighborhood has gone downhill. This is not about privacy rights, he said. Many people care about their homes, he said, but this is about some of the landlords who have not taken care of their properties. Ms. Amanda Durik stated she has an investment in her home and loves her home and neighborhood. However, she worries about the deteriorating neighborhood. She added there needs to be regulation beyond self-regulation. The landlords may need the assistance of the City, she said, and there needs to be a plan in place with consequences and enforcement. Mr. Brian Morsch stated he praises the efforts of the Task Force of which he was a member. He urged the Council to adopt the recommendations, but is disappointed that the work has been wasted to steer the staff’s agenda, i.e. the contracted use of Klein Thorpe, Jim Kayes, etc. If Council followed the Task Force recommendations it would not have cost anything, he said. He added that the public hasn’t been advised of the issues during Corn Fest and asked that it be disclosed tonight. He added that he resents the Mayor using a crisis to influence Council to promote licensing. DeKalb Area Rental Association (DARA) is having conversations with the police to eradicate problems in Greek Row, he said. The disorderly house ordinance will act in lieu of licensing; he said and will not require additional staff. He stated that he can only assume Code Enforcement wants nothing to do with licensing and added that “they” said the current Code works very well when enforced. He added a hammer is not necessary and has too much power. There is no demonstrated need for regulation he said other than recommendations of Task Force. Mr. Jim Morrel, resident of historic neighborhood and President of DARA stated that licensing will only extract money. The need of licensing hasn’t been demonstrated, he said. The occurrences by the number of students, several hundred – those are serious acts and must be addressed, he added. Although there is need for action, there isn’t a demonstrated need for licensing, he said, and DARA believes the ordinance will correct the issues. Government should prioritize budgets for enforcement, he said; adopt the crime-free lease addendum, and adopt level 2 of inspection ordinance. He suggested utilizing an updated registration for all rental properties with contact information for first responders, and adopts chronic nuisance enforcement. Landlords will continue to seek positive initiatives and proactive measures, he said. Mr. Ed Wilcox, renter and former member of Task Force said he is in agreement, for the most  Special Meeting September 19, 2012 Page 3 of 7 part, with DARA. He added that he believes crime-free addendum and chronic nuisance ordinance are necessary, but believes registration should be for all rental properties, including single family homes. Also, he said, the registration should have a higher fee and yearly registration. He stated he is opposed to licensing which comes with inspections. He added there are just as many homeowners with decrepit properties as rental properties. If the City wants to inspect rentals, it should also inspect all homeowners’ properties, he said. Mr. Gordon Thompson, a realtor, stated if the Council passes this ordinance many lending institutions will not work with owners. Landlords should be held accountable for screening new tenants, he said. The Police should enforce criminals. He added there are plenty of ordinances on the books now. Mr. William Heinisch Vice President of DARA and rental property owner stated it is better to have a collaborative effort. He acknowledged the Mayor for forming the Task Force. However, he said he is frustrated with the meetings and documents. The chronic nuisance is better than licensing, he said. He stated that Chief Feithen said the disorderly house ordinance will take care of problems. DARA supports one-time registration and updates of all rental units in DeKalb, he said. Licensing is needed for rooming houses, he said, because they have higher occupancies with shared bathroom and kitchen areas. The City needs to apply substantial fines with the disorderly house ordinance, he said. Registration is a necessity and can be conveyed on water bills; and registration can be done online, he said. He passed around a proposal to City Council that suggested a $25 application fee per parcel plus $3 per unit and $5 per parcel to update current registration information. The money could be used to fund community service officers, he said. Registration doesn’t need to be done annually because there is low turnover rate, he said. Mr. Dan McClure stated he owns rooming houses and questioned who started this movement and asked who stated there are bad landlords. Also, he asked if the tenants will view this as a personal invasion of property. Additionally he asked if single family homes will also be fined. He suggested streamlining the eviction process and noted that landlords need help with background checks. He suggested the registration process could provide background information. Mr. Brandon Smith stated he is a small landlord and noted that licensing is unnecessary and unfair. The tools are in place, he said, but not necessarily used. If they aren’t working, fix them, he said. He said he mows the vacant home next door to his rental to upkeep the area. He asked that if there are problems enforcing the code then it should be changed. He added he agreed with the disorderly house and crime-free addendum. He suggested working with what we have now. Mr. Mike Pittsley stated he is a member of the Task Force. He stated the City lacks leadership in the neighborhoods; he suggested strengthening partnerships and connecting citizens with resources. He noted that the Code Enforcement staffing went from 11 employees to 3. They cannot be proactive, but reactive, he said. They inspect 90 rooming houses, gas stations, restaurants, inspect plans, issue permits and answer questions. 29% of housing is in student neighborhoods; 32% of police calls are in student neighborhoods. 5% of code complaints are in student neighborhoods. The staff has the code to protect the neighborhoods, he said. The City will need to hire a coordinator to enforce the crime-free lease addendum, he said, whose primary function is working with the neighborhoods. Key element for success, he said, is that it must be mandatory. All rentals must be included, he added. The sidewalk inspection process will provide proactive inspections; he suggested implementing it for all properties and neighborhoods. Mr. Pittsley noted that communication between the City and NIU is improving. Ms. Kristen Jungles, from the Illinois Association of Realtors stated she has been following this issue for two years. She stated that the City hasn’t asked if the landlords are using the crime-free addendum already; she said they are. You are still seeing increase in crime, she said. She stated that the Association opposes the educational component to crime-free addendum; that is not who you should reach out to, she said. Additionally, the Association is against additional fees to Special Meeting September 19, 2012 Page 4 of 7 landlords who will pass these fees to tenants. It will be then too expensive for them to rent here, she said. Also, she said, the Association is against inspections on property. She suggested that the City re-read your ordinance – if there is violation in one of the units it terminates the lease for every unit in the building. Finally, she said, the Association stands with DARA regarding incorporating the disorderly nuisance in the plan. Mr. Robert Carlson stated he owns rentals. Spoke regarding risk to investors. He provided figures on data collected on appraisals, etc. Said he does appraisals and gets positive comments about landlords in DeKalb. Said he is concerned that licensing would not be positive influence on market values. Ms. Misty Haji-Sheikh stated she lives in north 5th Ward. The historic district is usually an income-generator, but the north 5th Ward is not, she said. Do the renters contact the landlord when there is a problem, she asked. Has what we are doing worked? If not, maybe that is the question that needs to be addressed, she said. Mr. Clay Campbell, State’s Attorney of DeKalb County spoke and stated he wants to support the initiative. We are all in this together and talking about the issue, he said. The status quo is not working; there is a jail full of people, there is heroin traffic in DeKalb and we need to make the community safer, he said. We are at a crossroads and the County will rise and fall on the success of this initiative, he said. The problem will not get solved without the business community. He said he is astonished at the background of some felons who have been renting in the City. DeKalb is the target for Chicago trafficking, he said. If we get caught in an “us vs. them,” twenty years from now when the property values have fallen, these property values will fall far more than if we add additional costs, he said. Speaking as prosecutor, he said, we have to do something now. It has not gotten better, and he stated that it troubles him to hear comments that the Mayor or City Manager has an agenda. We have to make this place attractive to people who want to invest and unattractive to people who want to sell drugs, and a hammer is needed. If you think you are coming here to shoot guns or deal drugs, you have to deal with us. You have the best police force in the county, he said. I support this initiative – we have to do something – we can no longer sit back because streets are getting more dangerous. Mr. Paul Sauser stated he hasn’t heard mentioned that the Northern Illinois Drug Task Force was disbanded; it should be reinstated, he said. There are not enough good tenants, he said. We rent to 99% college students. Some landlords do not do background checks, he added. NIU opened up a 1,000 bed dormitory and that takes tenants away from landlords, he said, and leaves vacancies. He stated that the City can pass ordinances but have no effect. Penalizing landlords is wrong way to go about it, he said. Instead of trying to invent legislation, he suggested keeping crime out which will be difficult as long as there are vacancies. He noted that the basis of the problem is NIU; suggest we talk to them – and asked what direction are they going? He suggested that perhaps they don’t realize there is a problem here. Jim Mason stated he uses a crime-free addendum now. He suggested a quiet lifestyle, crime-free addendum and sticker parking in every lease. DARA is here to help educate landlords, he said. Need an ombudsman that tenants and landlords can go to solve problem. He stated that the Police Chief cannot solve the problems; also, fifteen (15) additional patrolmen are needed, he said. Mayor Povlsen thanked all for their comments. He answered a previous question and stated that the citizens started the Task Force; most of the calls received by Council are regarding property maintenance. We do have bad landlords, he said. Those present tonight are tremendous landlords, he said and this is not directed at them. The single family homes will be treated the same regarding fines and condemnation, he said. He added that he does not view inspections and licensing as a scare tactic. Regarding Drug Task Force – agree it should be back in action;  Special Meeting September 19, 2012 Page 5 of 7 working with City Manager, NIU and Sycamore to put it back together. Not sure how annual licensing penalizes landlords. He noted that the City did spend money but did research, got legal advice, drafted ordinances. A housing study is being done now, and he asked everyone to complete it. He stated he agreed with the idea of a crime-free coordinator. Finally, he said he has heard that we need change tonight from the comments. E. COUNCIL DISCUSSION AND DIRECTION Ald. Jacobson said we all agree that a change is needed. He added that he was surprised NIU hasn’t sent any representatives here – they affect Police, students, the City, but haven’t spent the time to come here. He added that the City needs to cultivate that relationship and get them here. Mayor Povlsen stated that he met with President Peters and asked for cooperation and invited him to attend tonight. He did not choose to send someone, Mayor Povlsen said. He added that President Peters did not call him personally but had someone else call with the message that he did not want to get involved in the community. Ald. Jacobson stated that his neighborhood has had a lot of police calls. The City needs to start writing violations and enforcing them, he said. He acknowledged that the Police presence has been outstanding. When we create law, it is our responsibility as the City to enforce it, he said, and doesn’t understand why there is a need to craft new laws that we may not be able to enforce. He stated that he doesn’t believe we have staff available to do inspections. He asked if it is fair to take away license of landlord who is working with the City. It is Council’s responsibility to find the right option, not just what has been presented, he said. Ald. Teresinski stated everyone has the same concerns: property, crime and long term direction of NIU. It has been primary goal of Council to initiate conversations with NIU, he said, and he was disappointed to hear NIU’s comments and added that they need to be part of this solution. Lack of growth at NIU is source of issues, he said. Comments by Clay Campbell were significant and need to be addressed. One issue that needs to be resolved is licensing, he said. Council has worked within the budget to address needs; however, revenues will have to be addressed to meet future needs. Ald. Lash stated that it was said that some landlords do not do checks, and this should be addressed. Many stated they are against licensing because it violates privacy rights. Licensing and inspections aren’t the same thing, she said. She said we need to work collaboratively with landlords, but will need something to enforce when it doesn’t work. People who are offenders know how to work the system, she said. She agreed with streamlining the eviction process. Ald. Lash stated that as a renter she was offended to hear that renters do not care about their property – I take care of my rental. She said people care about where they live. The landlords and City need to work with the tenants, she said. Ald. Gallagher asked if anyone was present from NIU administration. He said that 80% of the landlords do the right thing and 20% do not care; do not do background checks. There will be a liaison with the police, he said, to assist. There are ongoing costs, he said. If you hire people, it must be paid for, he said. He asked if Mr. Townsend (a landlord) was present because he wanted to talk to him personally regarding the rough situation at Edgebrook. Regarding licensing and registration, he stated that all rentals including single family homes should be licensed. He suggested adding a sunset clause to revisit the issue. He said the street inspection is fine. Ald. Naylor said he supports the full program as presented including phased-in inspection process. People need to pay attention to the crime issues, he said. We want values retained and properties maintained, he said. He added that he concurred wholeheartedly with Clay Campbell’s Special Meeting September 19, 2012 Page 6 of 7 comments. Ald. Baker said he would endorse DARA’s proposal in its entirety. He asked that it be included in the next packet. The registration process was created to be a tool for inspectors, police and fire to locate a manager immediately in an emergency situation. Chicago implements neighborhood parking permits, he said. He suggested that the landlords issue parking permits. Also, he agreed with the position of a crime-free coordinator. Also, he said, the City needs ten (10) additional police and a $35 per car sticker. He added he doesn’t support licensing as it gives too much power. He added that all Council Members should have been included in the field trip to Mt. Prospect. Ald. Lash stated there is email of all things discussed on Mt. Prospect trip in backup. There are notes of the entire meeting, she said. Ald. Baker said there is nothing like being there. Ald. O’Leary stated she doesn’t support licensing but would registration. Also, she said she would support the sidewalk inspection. She asked when was the City going to enforce what is already in place? She said that she doesn’t agree with micro-managing someone’s property; let the landlords run their property, she said. However, she added, they need to do background checks. The City must deal with crime issues, she said. People still need a place to stay when they get out of prison; everyone deserves a chance to live somewhere, she said. Mayor Povlsen stated it seems Council is in agreement with crime free lease, chronic nuisance, sidewalk inspection, one-time or annual registration. Resources will need to be determined, he said. He asked Mr. Biernacki if he could put together a staffing plan for the next meeting. Mr. Biernacki said he will provide recommendations on staffing needs. Mr. Sauser stated that the current eviction process is slow and asked if it can be included as part of the nuisance ordinance. Mayor Povlsen replied staff will look at the options. Ald. Jacobson urged that the process move quickly. Mayor Povlsen stated that all options need to be considered and what resources are needed. Ald. Teresinski stated that all need to reach out to NIU and get collaborative effort started and we are all in this together. The decisions NIU makes has a direct effect on landlords and not having enough acceptable tenants, he said. Ald. O’Leary suggested using volunteers from the Task Force rather than hiring additional staff. Mayor Povlsen stated his opposition. Mr. Biernacki added that Mr. Frieders addressed this issue previously that volunteers have other jobs and will only be available when they have time. F. 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 8:14 p.m. Mayor Povlsen declared the meeting adjourned. DIANE WRIGHT, City Clerk Approved by City Council October 8, 2012  Special Meeting September 19, 2012 Page 7 of 7