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HomeMy WebLinkAbout3238_001MINUTES COMMITTEE OF THE WHOLE JULY 27, 1982 I. ROLL CALL Mayor Krause called the meeting to order at 7:30 p.m., in the Public Safety Building, 112 East Northwest Highway. Present at the meeting were: Mayor Carolyn Krause, Trustees Ralph Arthur, Gerald Farley, Leo Floros, Edward Miller, Norma Murauskis and Theodore Wattenberg. Also present at the meeting were: Village Manager Terrance Burghard, Assistant Village Manager Jay Hedges, Director of Code Enforcement Les Wuollett and approximately ten persons in the audience. II. MINUTES The Minutes of the Committee of the Whole meeting of July 13, 1982 were reviewed and filed. III. LANDLORD/TENANT ORDINANCE Mayor Krause reviewed for the Committee of the Whole steps previously taken on the part of the Board to direct the staff to develop an Ordinance to provide service to the approximately 6,000 multi -family rental units in the Village in the areas of dispute resolution, dwelling unit responsibilities and licensing. The Mayor reiterated that the Village has a growing concern about the declining building standards in the multi -family areas, various lease disputes and disputes about security deposits, building repairs and seizures of personal property by landlords. Assistant Manager Hedges reviewed the staff activities to date in developing the first draft of such- an uchan Ordinance. After receiving the initial direction on the part of the Committee of the Whole, the staff visited Oak Park and Evanston to determine the practical consequences of their landlord/tenant ordinances currently in force. The draft Ordinance presented to the Committee of the Whole was an initial draft still needing further refinement by the staff, the Village attorney and input from the elected officials as well as landlords and tenants. Previous to developing the first draft, the staff invited representatives from landlord and tenant interests to assist in its development. Mr. Hedges indicated that if the first draft is approved, in principle, by the Board and after language refinements on the part of the attorney, a second meeting will be conducted with landlord/tenant interests and a second draft will be brought back,to the Board sometime in September or October. If approved in principle by the 3oard at that time, the Village Manager's Office would then initiate the necessary recruitment and training of staff to implement the Ordinance on or about January 1, 1983. It is anticipated at that time that one full-time inspector would be hired and one part-time mediator would be employed with their salaries and benefits payable from licensing revenues assessed at the rate of $7.00 per dwelling unit. The Committee of the Whole then raised questions regarding certain sections of the Ordinance including the absence of a specific mediation step, the experience and costs of other cities, the reasonableness and justification for the fines proposed and application to senior citizens' housing sites in the Village. Members of the audience representing tenants and various management companies provided comments in support and against the proposal with specific questions raised about the following: A. How will the Village handle tenants that change locks,on their units and, thus, prohibit reasonable access by the landlord or the Village? B. The Ordinance, as presently structured, would eliminate standard leases and if the language of the Ordinance is changed, the same objectives can be achieved without unduly burdening the real estate industry. C. The cumulative limit on initial rent and security deposit of one and one-half months is unsatisfactory in those circumstances where people do not move in on the first of the month. D. The provision to return security deposits within 21 days is contrary to State Statute which requires 45 days. E. The Village Ordinance would require apart- ment management to be responsible for carpet cleaning when, in fact, many of their policies and leases make that the responsibility of the tenant. -2- 0 F. In health-related matters, particularly the control of insects, the Ordinance is insufficiently clear as to whether this is a tenant responsibility or a landlord responsibility. G. The Ordinance's ten-day notice for failure to pay rent is contrary to State Statute which permits a five-day notice. H. Section VIII, 4, waives the rights of landlords in favor of tenants to the disadvantage of the real estate industry. I. The language under the self-help section is insufficient 'in defining material non-compliance with landlord maintenance, J. The language under the self-help section regarding notice and reasonable cost needs further specificity. K. The penalty section is unclear as to whether it includes tenants as well as landlords. L. The tenant's right to terminate a lease after a fire with three -days notice is insufficient and a longer period may be necessary to cover occurrences on weekends. Three tenants in the audience indicated their support of such an Ordinance claiming in some instances they have been harassed by the landlord, not given copies of leases, been forced to occupy units substantially different in cleanliness and maintenance standards than the models shown 'and not familiar with their rights and recourses under the law. Mr. George Klews, 604 South Elm, claiming that he was neither a landlord nor a tenant, expressed his opinion on philosophical grounds that the Village should not be a party of private contracts, that the Ordinance is heavily biased against landlords and that the Ordinance is a serious threat to individual rights by allowing the local government the authority to inspect private dwelling units. After some further general discussion, the staff was instructed to proceed in its refinement of the Ordinance, making necessary corrections for clarity in language and conformance to applicable State Statutes. The staff was also instructed to invite all interested parties to its subsequent meeting in completing the next draft of the Ordinance. IV. SPECIAL SERVICE DISTRICT Assistant Village Manager Hedges reviewed the Village attorney's letter on the procedures necessary to formally decide the question about the utilization of a Special Service District to pay the capital costs associated with the acquisition of Lake Michigan water. Mayor Krause reviewed the direction previously given to the staff to begin work on a Special Service District where- by approximately 50% of the cost of the acquisition of Lake water would be raised through a Special Service District and the remaining 50% placed on the water bills. ThJ._s division approximates the breakdown between capital costs and operating costs. Mr. Hedges explained that in order to proceed, we would need a rather lengthy and accurate legal description of that part of the Village to be included in the Special Service District so that there is no taxation for the properties served by Citizens' Utilities Company. The staff is seeking approval in principle to spend up to $10,000 to have the necessary work completed by outside agents. The Committee of the Whole agreed and authorized the staff to proceed. The Village Manager reported that the WELLER CREEK project should be completed within two weeks exclusive of the planting of trees which will be held off until this fall. The Manager briefly reviewed the legal. opinion secured by the Village in 1.980 demonstrating that there is NO RESIDENCY REQUIREMENT for managers of liquor licenses when such licenses are issued to corporations. VI. ANY OTHER BUSINESS $0or recornmended tbat the Village B d authori�ze the i��*e:aditure of up 11 to Sy5'00 �P' join vitb� =1 �Northwest �Municipal Conference in opposing an intervening in the proposed Commonwealth Edison rate increase. If the irate increase, as proposed by Commonwealth Edison and the ICC staff is approved, ge can expect increases of $100,000"$130,000. The Village currently spends approximately $500,000 per year for such service and ittee these in)breases amount to 20-25% annually. The Comm of the Whole concurred and authorilzed the staff to notify the Conference of the Village's willingness to participate. VII. ADJOURNMENT The meeting was adjourned at 10:23 p.m. Respectfully submitted, TERRANCE L. BURGHARD Village Manager -4- Village of MoLnt Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Jay Hedges, Assistant Village Manager FROM: T. P. Luehring, Director of Health Services DATE: August 2, 1982 RE: Refuse Contract The refuse pick-up for multi -unit dwellings is covered by Ordinance and by our Contract with B.F.I. This was done to assure pick-up and sanitary refuse containers, and to try to obtain the best price through total # of unit dwellings and by competitive bidding. The Village pays B.F.I. $2.70 per unit per month, through July 1984 for 1 pick-up. All multi -unit dwellings are required to have a minimum of 2 pick-ups per week. The second pick-up costs the owner $2.90 per month per family unit .dwelling. Pick-up 3 times per week cost $3.40 Pick-up 4 times per week cost $3.60 Pick-up 5 times per week cost $3.80 Pick-up 6 times per week cost $4.00 I spoke with Scott Axelson of B.F.I. and with Al Parks of Inland Realty. Mr. Parks stated that B.F.I. is charging Inland $3.40 per unit per month for pick-up 3 times a week. Mr. Parks believes he could get a cheaper rate if he could bid without being locked into a Village Contract. ($6.10 per unit per month, however, actual cost would be less due to refuse cost being partially subsidized) Scott Axel son, stated that at Boxwood, Inland receive' -'twice- a week pick-up and was billed $2.90 per unit per month. Patrick Luehring, R.S. TPL/mm Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: TERRANCE L. BURGHARD, VILLAGE MANAGER FROM: KENNETH H. FRITZ, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PLAN COMMISSION RECOMMENDED CHANGES TO COMPREHENSIVE PLAN DATE: AUGUST 5, 1982 The Plan Commission has completed its annual monitoring of the Comprehensive Plan. The recommendation has been prepared by the Subcommittee and passed on by the full Commission on July 21, 1982. As the changes do not require major alteration of the text, the recommendations are in the form of an addendum to the Plan. The Village Board should take these suggestions under consideration for formal adoption. KHF:hg ADDENDA TO THE COMPREHENSIVE PLAN OF MOUNT PROSPECT ADOPTED ON APRIL 8, 1981, AND UPDATED IN JUNE 1982 PLAIJIlING RESPONSIBILITY Sec. 15.101 Official Comprehensive Plan and amended by Ordinance 3089 of the Village of Mount Prospect: The preparation of the Comprehensive Plan and coordination of planning and development within Mount Prospect rests with the Planning Commission. The Planning Commission is estab- lished under authority granted by Article VII of the Illinois Constitution (concerning Home Rule, adopted 1970) and by Chapter 24, Division 12, of the Illinois Municipal Code, which reads: The Planning Cwmmission is authorized (1) to prepare and reco_-mmend to the future development or redevelopment of the municipality. Such plan may be adopted in whole or inseparate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan, or part thereof, of 'the municipality. The Plan as recommended by the Planning - Commission and as adopted -in any municipality in the state, may be made applicable by the terms thereof, to land dituated within the corporate limits and contiguous territory not more than one and one-half miles beyond the corporate limits and not included in any municipality. Such plan may be implemented by ordinances (a) establishing reasonable standards.of design for subdivision or resubdivision of unimproved land to redevelopment in respect to public improvements and (c) may designate land suitable for annexation for annexation to the municipality and the recommended zoning classification for such land upon annexation. (2) To recommend changes from time to time, in the official comprehensive plan.. (3) To prepare and recommend to the corporate authorities from time to time, plans for specific improvements in pursuance of the official comprehensive plan. (4) To give aid to municipal officials .. for improvements embraced within the official plan ...and to promote the realization of the official plan. ..... and as amended by Ordinance 3089 of the Village of Mount Prospect. 2 - ADDENDA COMPFUIETISIVE PLAN 1982 Page 1 Introduction: 5th line Change 1980 to 1982 7th line - Change polulation to 52,634 Page 3 - 3rd Para: Add "Plan is to be updated annually by a sub -committee of the Planning -Commission in cooperation with the village Community- Development staff." Page 4 Goals Objectives No. 1: Question compatability with recent ordinances. Page 7 Transportation Objectives, No. 6: Correct to read "Monitor and maintain" commuter parking. Community facilities Objectives, No. 6: Add "for other uses such as day care centers, pre-schools, senior citizens and other facilities." Page 8 Parks and Recreation Objectives, No. 4: "Continue to utilize the" Commonwealth Edison ... Page 20 1st complete -para: Add "These improvements have already begun and should be continued." 3rd para: Add The rear portions of these properties have already been improved and should-6ontinue to be upgraded. Last Para:-- Add "Building facades and _storefronts improvements "already begun, should enhance the overall appearance of the. area and continue being upgraded." Page -21--2-2 Loans: The village is continuing to play a major role in stimulating new development. It is already creating preconditions to attract new private investment Transportation: The village is now developing plans for mass transportation and traffic circulation. lst complete para: The commercial rehabilitation program is now being successfully implemented. Page 28 Last para: Add "Feehanville drive should also be considered as a major access road. ADDENDA Page 30 C014PREHENSIVE PLA'd 1982 3- lst complete para: The Mount Prospect Park District mow operates 27..parks sites. Add: "The Commonwealth Edison easement on the southwest side of the village is now maintained for recreation purposes by the Mount Prospect Park District under a lease agreement. The park district is also operating recreationAl facilities on 14SD property on west Central road. Known as Melas Park, the 70 -acre tract is operating jointly with adjacent Arlington Heights Park District on a 10 -year lease. To date 35 acres have been developed for recreation. Page 36 Last para: Gregory School:This property has been purchased by Christian Life Church, which will also maintain the grounds with the exception of a ball diamon2l to be maintained by the Mount Prospect Park District. Page 39 Public Uorks: This department now maintains a staff of 55 full time employees, 27 part time employees (including part time), and an engineering staff of 8 personnel. Page 40 Public Library: The Mount -Prospect Public Library whose service area is coterminous with village boundaries, has been a tax supported institution since 1943. The present facility, was built in 1976. Operation and administration of the library is governed by, - a seven -member board of -elected officials. Currently 135,031 volumes are maintained in the Mount Prospect Public Library. The American Library Association's minimum recommended standard is 3.5 volumes per 1,000 population. The deficiendy in numbers of volumes per capita will -be eliminated as _ _: addifional funds--are.available. In addition to providing traditional library services, it also provides audio-visual software and hardware. adult education progra:gs, tours, bus..trips and feature length films for adults and children, talking books for the blind and physically handicapped, a TTY for the hearing. impaired, consumer education information, and reading roan facilities. (Editor's Note : )This may be inserted in its entirety, or copy corrected to show that 135,031 volumes are presently in the library shelves.) ADDENDA COMPREHENSIVE PLAAI 1982 -4 a a Page 41 The village has now joined neighboring communities in contracting for the purchase of Lake Michigan water from Chicago. A second source of water from Evanston was not accepted. Page 42 Page 45 Street Lighting: The village has contracted for installation of high density street lighting along Northwest Highway within the viI2.&ge.1 corp_nr_ate limits. Zoning Ordinances 9 Para.: Add "1982" Comprehensive Plan. Para. 1: The clearinghouse recommended by this paragraph is now being implemented. 2nd Para.: The Community Block Grant program has been implimented and is in service. Para. 7: The program to encourage repairs and continued maintenance has been initiated and is 1 operating effectively. Page 46 Housing: Community block grant funds to aid low and moderate income families in housing maintenance is now in effect. 2nd Para.: The low interest rehabilitation loan program is now available to merchants. Commercial Development - Downtown: The Busse Wille improvement program has been completed, becoming a major asset to the village's downtown area. Page 53 Area 1, Parcel F: Correct land parcel: Located at Kensington and Des Plaines River Road. Page 55 Parcel 0: See page 36, last paragraph - Gregory School Respectfully submitted Planning Commission Sub -committee on Comprehensive Plan Tom Borrelli Dee Corr Louis Velasco Marie Caylor, Chairman 'tial Ross, Ex -Officio