Peoria Standard

City of Delavan City Council met June 16.

Here is the minutes provided by the council:

The Delavan City Council met in regular session at 6:30 pm in the Delavan City Council Room, 219 Locust Street, Delavan, Illinois. Mayor Elizabeth Skinner presided. The following aldermen were in attendance: Douglas Bury, James Horath, Jeffrey Johnson and Steven Yontz. Other City Officials in attendance electronically were Alderman Robert Hall and Attorney William Connor. City officials in attendance in the council room were City Administrator Matt Fick, Police Chief Jerry Littlefield, Deputy City Clerk Tammy Hintz. Wade Fornoff absent.

The meeting notice and agenda were posted at least forty-eight hours in advance of the meeting on the door of the City Council Room and on the widow in City Hall. A copy of the meeting notice and agenda is attached to and made a part of the minutes.

The Pledge of Allegiance was recited by those present. 

The invocation was given by Mayor Skinner.

CONSENT AGENDA

The following items were presented to vote under the Consent Agenda

A. Minutes of the June 2, 2020, regular meeting

B. Approval of Resolution #2020-17 for payment of bills 

A motion was made by Alderman Johnson to separate the bills from the minutes, seconded by Alderman Yontz. The vote on the motion was as follows: Ayes: Horath, Bury, Johnson, Yontz, Hall. Nays: none; Absent: Fornoff. Motion carried.

The minutes as presented stated that Alderman Johnson recommended to City Administrator Matt Fick to call the Department of Natural Resources, when it was Alderman Fornoff's recommendation. Alderman Yontz spoke about comments reflected in the minutes and Mayor Skinner added it would be better to discuss in other items for consideration. A motion was made by Alderman Johnson to amend the minutes as presented, seconded by Alderman Bury. The vote on the motion was as follows: Ayes: Horath, Bury, Johnson, Yontz, Hall. Nays: none; Absent: Fornoff. Motion carried.

A motion was made by Alderman Johnson to approve Consent Item B, A RESOLUTION APPROVING THE DIRECTING THE PAYMENT OF CERTAIN BILLS OF THE CITY OF DELAVAN, ILLINOIS (Resolution #2020-17). Seconded by Alderman Horath. The vote on this motion was as follows: Ayes: Hall, Fornoff, Horath, Bury, Johnson, Yontz; Nays: none; Absent: Fornoff. Motion carried.

MAYOR'S REPORT

Mayor Skinner made the following report:

> Read thank you cards from 2 residents who improved their homes with assistance from the Residential Maintenance Program.

CITY ADMINISTRATOR'S REPORT

City Administrator Matt Fick made the following report:

> The audit is taking place at this time. The auditors were on sight for a few days. 

> Chief Littlefield and City Administrator Matt Fick have been fielding many requests about what will be open this summer, due to COVID closures. Possibly at the next meeting there may be requests for events to be held this summer. After speaking with Attorney Connor and Mayor Skinner our best response will be to follow regulations put forward by the governor.

> Revolution put together a strong letter of support for the City in the application for grants. Over 100 applications were received for the fast track grant. The City was 107. Next grant we are applying for is the Rebuild Illinois Grant. 

> Expressed gratitude to our Public Works department, they have been working hard to spruce up town. They have painting the basketball court and laying mulch.

> Alderman Horath asked if Revolution is up and running during recent events, as were they considered essential workers. City Administrator Matt Fick, responded that they have temporarily halted construction, but should be starting back up soon. The existing facility remains open and they are working two shifts. Mayor Skinner added that they are hiring more people. 

> Alderman Yontz asked City Administrator Fick about power coming from Rt 122 to Revolution. Mayor Skinner commented that Revolution is working with Ameren, the State of Illinois, and the Governor's office to make sure power is extended in a timely manner.

NEW BUSINESS

A. Discussion and action on an Ordinance Amending the Annual Budget of the City of Delavan for the Fiscal Year beginning May 01, 2020 and Ending April 30, 2021 (Ord #2020-29)

Dustin White has taken on more day to day responsibilities with road and park maintenance. Dustin has recommended a number of items that will make things more efficient and safer. City Administrator Matt Fick would like to increase the Parks Maintenance budget line item to provide for these purchases. The Common Fund increase was needed for software upgrades. The third is an increase for TIF I, to pay for a grant writing consultant. Alderman Yontz asked if there were any funds in the budget for sidewalks at the Lake Park, City Administrator Matt Fick said not this year, but we

could amend the budget if need be. Alderman Yontz also asked how the new software was working, City Administrator Matt Fick let the Council know, City Treasurer Mitchell is learning, but it will take time. A motion was made by with the correction of Section 2, to change the date to May 1, 2020 to April 31, 2021 by Alderman Johnson to AMEND THE ANNUAL BUDGET OF THE CITY OF DELAVAN FOR THE FISCAL YEAR BEGINNING MAY 01, 2020 TO APRIL 31, 2021 (ORD # 2020-29) Seconded by Alderman Horath. The votes were as follows, Ayes: Horath, Bury, Johnson, Yontz, Hall, Nays: none, Absent: Fornoff. Motion carries.

B. Discussion and action on an Ordinance Replacing Section 26.403, Swimming Pools, Spas and Hot Tubs to the City Code, Chapter XXVI, Property Maintenance Code, Sub Chapter C. General Requirements (Ord #2020-30)

City Administrator Matt Fick wanted to provide information and get feedback from the Council concerning a pool ordinance. Other communities have ordinances that require fencing, setbacks, or covers, the city has no current regulations. Mayor Skinner thinks it is something we need to adapt. Alderman Bury reported that our current code only reflects that the pool is maintained. Tazewell County requires that if a pool is above 42 inches, and if the ladder can be removed it does not have to be fenced in. The Council can vote on this ordinance but it will have to go before the Zoning Commission for approval. Alderman Johnson stated that over 300 children under the age of 5 die every year, our community was recently impacted, and that this is great idea to move forward with. Alderman Hall asked if this would be for new and existing pools. Attorney Connor had it read that existing pools are grandfathered in and that we do not have the ability to enforce Tazewell County's code, but we can adopt it. Mayor Skinner asked Attorney Connor if he could do further checking to see if our ordinance would conflict with Tazewell County's. Alderman Yontz, felt this ordinance is necessary, but asked how does the City enforce this ruling without over reaching bounds. Attorney Connor said the City can enforce this when residents get their permits, complaint driven, or if an officer notices a violation. Alderman Yontz asked if this would involve any pool that could be purchased at a box store, City Administrator Matt Fick said the ordinance would eliminate anything under 42 inches. A motion was made by Alderman Bury to move forward to THE ZONING COMMINSSION WITH AN ORDINANCE REPLACING SECTION 26.403, SWIMMING POOLS, SPAS AND HOT TUBS, TO THE CITY CODE, SUB CHAPTER C. GENERAL REQUIREMENTS Seconded by Alderman Horath. The vote on this motion was as follows; Ayes: Bury, Johnson, Yontz, Horath. Nays; Hall, absent; Fornoff, motion carried.

C. Approve Resolution for Maintenance Under the Illinois Highway Code (Res #2020 18)

Engineering consultant Patrick Meyer has identified projects, such as drainage issues and deteriorated alleyways that need to be addressed. We need to add these line items to the MFT budget, so funds can be expanded. This is not a budget increase, just a reallocation of existing funds. Alderman Horath made the motion to APPROVE A RESOLUTION FOR MAINTENANCE UNDER THE ILLINOIS HIGHWAY CODE (RES# 2020-18) Seconded by Alderman Bury. The votes were as follows, Ayes: Bury, Johnson, Yontz, Hall, Horath, Nays: none, Absent: Fornoff. Motion carries.

Other items for consideration:

> Alderman Bury would like to thank the public works crew for their work on the basketball courts, it looks awesome and the kids are really enjoying it. It was good seeing that area of the park being used again. Alderman Yontz agreed, with everything being cancelled, its good to see kids playing like it used to be.

> Alderman Yontz wanted to discuss an item specific to Alderman Fornoffs comment at the June 2 meeting. For the record there is no reason for Alderman Yontz to abstain from discussions concerning Delavan waterways. Alderman Yontz stated he has obtained numerous permits for his personal property. What the City does or does not do with their waterways has no implication on his personal property. Mayor Skinner commented the waterway does go through Alderman Yontzs property. Mayor Skinner did ask Attorney Connor about this matter. Attorney Connor said the issue about whether Alderman Yontz should vote, is up to Alderman Yontz and his own conscience. There are a series of state laws that relate to elected officials, that state you may not have a personal interest directly or indirectly in any business of the City. Because this could be considered a felony, is why some elected officials should recuse themselves. Attorney Connors concerns for Alderman Yontz is that he does not run a foul of that type of state statute. Alderman Yontz thanked Attorney Connor, but felt his property can handle drainage from the waterway. Alderman Johnson wanted to ensure that Alderman Yontz understood what Attorney Connor was explaining to him. Attorney Connor was explaining to Alderman Yontz when to recuse himself from discussion about improvements to the waterway. The council understands Alderman Yontz does have all the permits necessary, but this item failed last month, due to a lack of a second, and we should move on. 

> Alderman Hall asked Attorney Connor, that since he has a road in front of his house, should he abstain from voting on any road improvements. Attorney Connor responded by saying that depends on what they are, elected officials do abstain when they have a house in a TIF district and there is money to be spent out of that fund. If an elected an official had the only house on the street, and had a City installed driveway approach, ditch and sidewalk the official would probably not want to vote on that.

No further business was presented to the council. The meeting was adjourned by Mayor Skinner at 7:08 pm.

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