DeKalb County Online

DeKalb City Staff hears input on proposed rental property regulations

Fri, 9 May 2008 10:30:31 -0500

A lively and well attended early afternoon meeting about two policy proposals on DeKalb rental properties was held Monday (May 9, 2008) at the city administrative center. The policies would increase regulations, enforcement and fees for landlords and/or tenants living in the city.

The meeting was conducted by a panel of city staff members; Mark Biernacki, Russ Farnum, Norma Guess and Jim Kayes. The council chambers was filled with a standing room only audience of landlords and tenants objecting to the proposals. Also in attendance were city council members Vic Wogen (3rd Ward), Donna Gorski (4th), Kris Povlsen (2nd) and Dave Baker (6th).

Biernacki explained that the proposals are part of a two year effort by staff in response to city council direction. According to Biernacki more than half of the city residences are rental properties but a disportionate amount of police and fire calls are required by those residences.

Jim Kayes, a former DeKalb police officer, provided examples of experiences he had at problematic rental homes. He spoke of shootings, gangs and other criminal activity as examples of why a proposed nuisance ordinance was needed.

The proposals would require landlords in the city to apply for and purchase a license that would empower staff with a tool for more stringent enforcement. Landlords could face fines, liens and property seizure should their tenants repeatedly commit crimes or other serious violations of the nuisance ordinance. Fines, liens and property seizure could be the remedies for hazardous code violations. City inspectors, with direction of the City Manager, would have authority to conduct mandatory inspections of rental homes should they believe code violations exist. Severity of levies would be dependent upon the level of cooperation, or the lack thereof.

City attorney, Norma Guess, explained proposed procedures that would provide landlords and tenants with due process in the event of a mandatory property inspection. The tenant and landlord would be notified of an inspection. Should they object to the inspection city staff would petition the circuit courts for a search warrant before conducting the inspection. If objections to findings and punitive measures existed a hearing officer would decide between staff position and landlord/tenant rebuttals, Should the landlord/tenant object to the hearing officer's decision they could seek remedy from the courts.

Guess wrote in a city memo that she believed, while State statutes are silent on inspections of apartments and single family residences, the City's home rule authority granted them the power to conduct mandatory inspections and therefore the proposal was not in violation of the State or U.S. constitutions.

Tim Dunlop, landlord, objected to the nuisance regulation proposals on the basis of subjective enforcement. Dunlop pointed out that people have varying tolerance levels for parties and social gatherings at their neighbors' residences. He said that while the staff proposals attempt to provide uniform citywide enforcement the implementation could easily result in neighborhood by neighborhood policy.

Jennifer MacDonald, a tenant who raised children as a single mom, expressed her concerns by relating a difficult period she experienced and the help she received from neighbors and city staff. She wondered if the neighbors, who intervened in her absence with valuable assistance, would be more reluctant to do so if they believed her or her landlord would be subject to punitive measures.

Brett Brown, executive director of the DeKalb Housing Authority, cautioned against designating low income rental properties as problematic. He discussed concerns related to the nuisance ordinance proposed that could place an undue burden as law enforcement on landlords. He said that landlords should be held accountable for property maintenance. He offered his assistance in future considerations of the proposals.

Kathy Lang, landlord, also questioned whether the proposals put landlords in the position of law enforcement and reported the difficulties of tenant screening in a college town when many were first time renters or those who come from the dorms who would not share personal history on privacy issues. She said even police departments would often decline to offer background information as prevention of violating rights to privacy.

Brian Morsch, landlord, spoke strongly against violating privacy and property rights. He believes the proposal fly in the face of constitutional rights, especially those of the Fourth Admendment.

Jim Mason, landlord, used the strongest language regarding compliance with the U.S. and Illinois Constitutions. Mason reported his involvement in striking down similar proposals in Rockford, a non-home rule community. He said that he believed the mandatory inspections and severity of punitive measures were irrevocable as proposed and therefore would not stand up to a test of the Fourth Admendment of the U.S. Constitution. He stated the licensing and inspection fees and fines were earmarked to pay the salaries of the proposed rental inspection department and that the Illinois Constitution prohibited any fee charged in the State to be used to pay government salaries. He issued a warning of his intent to seek court protection should fees be used to pay salaries.

Sue Besinger, landlord, also questioned the use of fees to pay the salaries of the new inspection department. She, and others, felt the inspection department was motivated more as a remedy for the City's budget crisis than for life and safety issues.

Paul Saucer, landlord, urged city staff to take a step back from the proposals and get more direct input from the landlords and tenants in the city. He reminded those in attendance of the many contributions college student tenants make to the city. He asked that the city council not make decisions on the proposals during the summer when many of those residents would not be in town and have a voice in the proceedings.

While city council members were not on the panel conducting the meeting, aldermen Dave Baker and Kris Povlsen addressed the audience. Baker said that the meeting was a step in the process to seek public input to revise the proposals. Povlsen urged continued community involvement in the process and stated his support for the appointment of a task force to work out solutions.

Sycamore Sesqicentennial

Wed, 7 May 2008 22:00:00 -0500

2008 marks 150 years since Sycamore was incorporated as a Village on May 9th, 1858. The events begin on Friday from 6:00 - 8:30pm, where there will be 'Cake & Custard on the Courthouse Lawn'. Hear the proclamation that incorporated Sycamore as a village on May 9, 1858 courtesy of the Joiner History Room. Honor the Flag with a presentation & display by the Elks Club and VietNow. Sing the National Anthem and Happy Birthday, Sycamore. Taste a piece of the giant cake provided by Brown's County Market. Munch on cupcakes courtesy of Sweet Dreams Desserts & Elleson's Bakery. Delight in smooth custard provided by Culvers of Sycamore. Enjoy musical performances by the Elementary School Choirs, SHS Marching Band, Jazz String Orchestra, Prairie Echoes and Kishwaukeys Harmony Barbershop. Witness the Courthouse Light display courtesy of Upstaging, Inc.

On Saturday, May 10th, there will be a big Picnic & Fireworks Display at Sycamore Park on Airport Road from 3-9pm. Bring your lawn chairs and enjoy the day! Events include: Play in the Park with fun activities for all ages (3-6pm), FFA Barnyard Zoo, VFW Bingo, Kids Fun Fair Games and Prizes. Enjoy a Taste of Sycamore with 15 food vendors!

The Live Soundstage begins at 3pm. Performing will be Black Tie Jazz Trio, The Menagerie and The Silver Creek Band. Enjoy their Spectacular Fireworks Display at 8:30pm. In the event of rain the fireworks will be moved to Sunday night May 11th at 8:30 PM.

State Budget Woes

Wed, 7 May 2008 08:33:33 -0500

A report produced by the Chicago Civic Committee offers some startling points to consider:

Each and every Illinois resident (man, woman and child) would owe $8,800 if the State's unfunded obligations (debt) were evenly distributed

Much of the above debt is due to State and Public Sector pensions and health care benefits

"One way to reduce pension costs is to make the plans less generous." (Duh!)

READ THE FULL REPORT

Notes from April 30 FPC Meeting

Thu, 1 May 2008 15:40:12 -0500

FPC Chair, Scott Cochrane, announced that two more candidates for the position of Construction Liason are to be interviewed in the very near future. The construction liason will act similar to an Owner's Representative during the construction projects. S/He will report to the Board on progress and problems. A job description for this position is being written by the District's chief legal counsel, Tony Ficarelli, with Hinshaw-Culbertson law firm.

Tammy Magney, with ATSR architectural firm, announced the formation of a new advisory committee to discuss building materials to be used for the new high school. Clerical procedures regarding new members of the FPC need to be worked out. Ron Naylor suggested a new organizational chart be drawn up.

Magney explained LEED certification process. LEEDS is a third party certification program and the nationally accepted benchmark for the design, construction and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. A point system is used. For a building to be certified it must receive 26 of 69 possible points.

ATSR staff has met extensively with school district staff for their input on building needs. Magney reported that a new subgroup was forming for the planned Cortland Elementary School to address concerns and ideas. Staff from the existing Cortland school have suggested a change in the main entrance of the new school, that was patterned after the Seth Whitman Elementary School in Belvidere (designed by ATSR). The staff wants the main entrance to be "uniquely Cortland." A common question asked, according to Magney, is whether or not the windows will open with concerns expressed of possible odors from the nearby landfill.

District superintendent, Paul Beilfuss, reported a glitch in the District's acquisition of the land for the new Cortland grade school. According to Beilfuss, one of the parties had some detail problems with the site. School officials will meet with the Town of Cortland and should have the details worked out by the end of May or early June. The land is currently owned by Montalbano Homes and has not been officially dedicated to the Town of Cortland yet. Once the Town of Cortland gains ownership of the land it will be dedicated to the school district, according to Beilfuss.

A discussion regarding Value Engineering took place. Value Engineering began during World War II by the General Electric Company. Value Engineering within construction was pioneered by Alphonse DellIsola in the 1960s. During his career, he conducted more than 1,000 VE workshops for various organizations that resulted in savings of $2.5 billion. In response the Federal Government adopted the Construction Value Engineering Law (Public Law 104-106). SOURCE: American Institute of Architects

Magney stated that ATS&R incorporated Value Engineering in their design process but disagreed with extending the Federal definition of Value Engineering process to the General Contractor. She stated that a VE clause was not included in ATSR's contract with the District.

The site for the new high school was discussed. The District might acquire six more acres of land adjacent to the site from DeKalb Associates, developers of the Bridges of RiverMist and the proposed "Iron Gates" subdivision. The land would serve a duo purpose of provide green space buffer from the residential areas and potential uses for athletics. The general feeling appeared to be that if the District desired to acquire more land they should do so sooner rather than later. Acquiring the land might alleviate some concerns expressed by neighboring residents to the site. Sal Bonanno, with DeKalb Associates, was in attendance. He stated that the Iron Gate development must await the District's finalization of the school site configuration before they (DeKalb Associates) could finalize their land use plans.

Discussion of correlational opportunities with the Park District, who will add up to an estimated five acres to Katz Park nearby was mentioned. The school and park districts have not formally met to discuss any such ideas.

Beilfuss stated that he had just recently received word from the Library District that it would not be interested in partnering with the school district for a possible expansion of the library system on the school site. Cohen Barnes, co-chair of the ReNew Our Schools Committee asked for more elaboration on the Library District's decision but Beilfuss stated he did not have time to provide any more information at this time.

Some discussion of the proposed Shodeen DeKalb East Side project took place. The proposed project which could include two hotels and several restaurants could also include up to 565 apartments. Russ Farnum, City of DeKalb, reported he believed most of the apartments would be two bedrooms and targeted towards young professionals. Discussion on student population projections took place. Farnum has turned in updated projections as has the Town of Cortland.

Ivan Krpan, local contractor, has consistantly expressed concerns about previous student enrollment projections and overbuilding, especially at the high school. The District is reportedly experiencing increasing enrollment from rental properties and from residences with multiple families living in them. Some expressed that the enrollment projections from new construction may be lowered but original projections may still be accurate from the increasing enrollment described.

Mac McIntyre expressed concerns about debt repayment that was based on an average annual increase of $20 million in new construction EAV. A prolonged downturn in construction could result in a higher than advertised increase in property taxes. Brian Schrader, co-chair of the ReNew Our Schools Committee, reported he has heard similar concerns expressed from several people. He urged non-overreaction yet caution in construction plans.

Tom Teresinski, former school board president, stated that population projections, construction scenarios, etc., should be carefully analyzed.

Discussion of possible uses of the current elementary school in Cortland, post-construction of the new school took place. Options discussed included leasing the building to the Town of Cortland (for example) or another entity. Discussion of reconfiguration uses was included. Ron Naylor spoke strongly about keeping ownership of the building and property in the school district's hands.

The discussion then briefly turned to Phase II of the long term plans for the capital improvement needs of the District before adjournment.

#428 Facilities Planning Committee Meets Tonight

Wed, 30 Apr 2008 09:51:56 -0500

In Los Angeles the Edward R. Roybal Learning Center, will open this fall and serve about 2,800 high school students. When taxpayers approved the project, 20 years ago, the price tag was $45 million. To say the project ran into some problems would be a $350 million understatement.

Originally named Belmont High School, the downtown LA school was to be built on a former oil field. According to published reports, planners realized there were explosive methane gas and toxic waste on the 33-acre site, and the project was abandoned in 2000, after 12 expensive years of attempts to work around the associated problems.

But a new school board came up with a solution to mitigate the environmental issues and began construction only to discover that the site was on top of what officials described as "a small but troublesome earthquake fault." Construction was again stopped and in 2004 more than half of the buildings, which had never seen a teacher or a student, were demolished. At that point, the tab was $154 million.

But LAUSD school officials were determined to have a school on the site and so they went back to the drawing board and implemented a new plan to mitigate the methane leaks, toxic chemicals and earthquake fault problems by building all new structures on a different part of the plot.
The new plan included a shopping center designed to make the school site a safe hub for its impoverished Hispanic neighborhood. Those plans were scrapped, and the school board voted to spend another $35.9 million to convert the space to a teacher training center. So the $45 million Belmont High School became the $400 million Edward R. Roybal Learning Center, which has the distinction of being the most expensive high school built in America.

LAUSD taxpayers want a modest but permanent "memorial wall" built at the entrance of the new school that will forever identify each and every school board member and administrator that was involved in this collosol example of wasted tax dollars. They're also having to open their checkbooks to help keep teachers on the payroll.

The DeKalb School District's Facilities Planning Committee meets tonight at the Education Center, 901 S. Fourth Street, to discuss construction plans made possible by the February, 2008 passing of up to $110 million in debt obligation bonds. The public is invited to attend.

DeKalb raises water connection fees

Tue, 29 Apr 2008 08:14:00 -0500

The City of DeKalb raised its water connection impact fees on new construction at its regularly scheduled City Council meeting on April 28, 2008. The increased fees take effect May 1, 2008.

The DeKalb County Building and Development Association addressed concerns it had with the increased fees in a written letter to the council. Those concerns included questioning whether the increased fees would create an undue burden on an already struggling construction industry.

The council vote unanimously to approve the staff recommended increases.

The City Council amended Mayor Frank Van Buer's proposal to appoint a citizen advisory committee to assist in FY09 budget considerations and long term financial planning.

Former 3rd ward alderman, Steve Kapitan, presented the council with a letter stating his desire to serve on the committee just prior to the start of the regular city council meeting. When the agenda item came up 2nd ward alderman, Kris Povlsen, immediately made a motion to add one member, Kapitan, to the committee. The motion was seconded by 6th ward alderman, Dave Baker.

Mayor Van Buer argued against the amendment on a procedural basis. He felt that adding members to a committee, appointed by the Mayor and approved by City Council, should not be done in the manner of Povlsen's motion. He felt that such procedure could lead to never ending appointments to a committee.

First ward alderman, Bertrand Simpson, supported the procedure and the recommendation of adding Kapitan to the committee. He felt that membership on such a committee should be limited only by "the number of chairs and amount of oxygen" in the meeting room.

Povlsen's motion was further amended, on recommendations of City Clerk, Donna Johnson, and City Attorney, Norma Guess, to language that simply added another (8th member) to the committee on the legal basis that the Mayor appoints committee members and the Council approves or disapproves the appointments. That amended motion passed by a 6-1 vote with Dave Baker voting no.

The seven members appointed by the Mayor and approved by the Council are: Marianne Anderson (local accountant and financial planner);
Cohen Barnes (Businessman TBC Net, recommended by the Chamber); Mike Larson (Retired Elmer Larson Inc.); Mac McIntyre (Businessman DeKalb County Online); Mike Peddle (NIU Center for Governmental Studies, Public Finance); Gary Peele (Resource Bank, recommended by the Chamber); Tom Teresinski (Former School Board member and Chair of their Finance and Facilities Committee).

The 8th member has yet to be recommended by the Mayor.

A group of citizens attended the meeting to let the City Council know of their concerns to two proposed ordinances in the works but not on the agenda for this meeting. The ordinances are: 1) a chronic nuisance ordinance that covers all property within the city limits and 2) a licensing and inspection ordinance aimed at rental properties within the city limits.

A flier was distributed by this group that outlined their concerns. Those concerns include property rights and costs. There is a feeling, among this group, that the measures are designed to help cover the city's current budget shortfalls.

McIntyre's observations: My name appears on the Finance Advisory Committee. City Manager Mark Biernacki met with me at my office to ask if I would accept the Mayor's request that I join the committee. Since I am a frequent and public critic of this administration I believe I am obligated to fulfill the Mayor's request. My position and desire to place a binding referendum to repeal Home Rule authority in DeKalb remains unchanged. I am committed to doing just that.

I don't question Kapitan's intent to also serve on the committee. I don't object to his being on the committee, if he is. I also would likely never vote for him or the Mayor for any future office either may run for. My problem is with the manner that Kapitan "applied" for the position. It was disrepectful.

Kapitan told me after the meeting that he did not intend to create such a scene. Well, perhaps he should have asked sooner. In this case the City Clerk and the City Attorney are right: It is the Mayor's responsibility to appoint committees and the Council's responsibility to approve or disapprove of those appointments. Intentional or not the Mayor was blindsided.

About that Cougar

Sun, 27 Apr 2008 20:01:23 -0500

If I was a Chicago policeman, and I responded to a dangerous animal call, and a cougar lunged at me or anyone else within eyesight well I'd shoot to kill it, too. I can't imagine anyone killing a cougar in Chicago but I do remember DeKalb County sightings or rumors of a cougar running around in the Shabbona, Rollo, Paw Paw communities in the early 1990s.

Celebrating 40 Years

Fri, 25 Apr 2008 10:11:46 -0500

Kishwaukee College celebrates 40 years of enhancing lives and fulfilling dreams on Friday, April 25 from 3 7:00p.m. with a gala event for the entire community.

There will be fair featuring blow-up attractions, fun activities in many departments for kids and adults alike, tours of the new Kishwaukee Education Consortium building, a scavenger hunt centered on our 40 Fantastic Faces, raffle prizes, snacks, a car show, a tractor show, and so much more. The best part? Its all for freethis is Kishwaukee Colleges way to say thank you to the community for 40 Fantastic Years!

Kishwaukee College campus is located on Route 38 at Malta Road. For more information on Kishwaukee Colleges 40th anniversary celebration, call 815-825-2086 ext. 491.

Sycamore Speedway Opens for Season

Tue, 22 Apr 2008 23:30:00 -0500

It's the season opener at Sycamore Speedway featuring Super Late Models, Late Models, Spectators and Powder Puff racing.

Racing begins at 8:00pm this Saturday, April 26. It's fun and excitement for the whole family! For the season's complete schedule Visit their Website.

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ATTENTION: There is an Amber Alert in your area.

Mon, 21 Apr 2008 23:14:50 -0500

Missing From: 1839 N Richmond, Chicago, IL
Missing Date: 4/18/2008 12:00 AM

Contact: Chicago Police Department
312-746-8282

Circumstances: At the request of the Chicago Police Department, the Illinois emergency alert system is activated for an Amber Alert. Three children were abducted from 1839 N. Richmond, Chicago on April 18th,2008 at 2:30pm.

Missing Child Name: Karla Casanova
Hair Color: Brown Eye Color: Brown
Skin Color: White/Hispanic Age: 7YO
Height: 4FT1 Weight: 75LBS
Gender: Female

Name: Fernando Casanova
Hair Color: Brown Eye Color: Brown
Skin Color: White/Hispanic Age: 11YO
Height: 5FT Weight: 130LBS
Gender: Male

Name: Oscar Casanova
Hair Color: Dark Brown Eye Color: Brown
Skin Color: White/Hispanic Age: 6YO
Height: 4FT Weight: 60LBS
Gender: Male

SuspectName: Benito O Casanova
Hair Color: Brown Eye Color: Brown
Skin Color: White/Hispanic Age: 32YO
Height: 6FT1 Weight: 230LBS
Gender: Male

Vehicle Information
Make: Dodge Model: Dakota
Color: Silver/Gray
License State: IL License Text: 86196HB
Vehicle: 4Door
Description: One license plate missing