Peoria Standard

City of Delavan City Council met Sept. 1.

Here is the minutes provided by the council:

The Delavan City Council met in regular session at 6:40

Skinner presided. The following aldermen were present: Douglas Bury, Wade Fornoff, James Horath and Jeffrey Johnson. Others in attendance electronically were Alderman Hall, Yontz and Attorney William Connor. City officials in attendance in the council room were City Administrator Matt Fick, Police Chief Jerry Littlefield and Deputy City Clerk Tammy Hintz.

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. The agenda order was changed allowing public comment at the end. This due to COVID-19 and to be in compliant with the Open Meetings Act. Appropriate language was attached at the bottom of the agenda to allow the public to email any questions.

CONSENT AGENDA

The following items were presented to vote under the Consent Agenda

A. Minutes of the August 18, 2020, regular meeting

B. Approval of Resolution #2020-24 for payment of bills 

A motion was made by Alderman Bury, seconded by Alderman Horath to approve Consent Item A., minutes of the August 18, 2020, regular meeting and Consent Item B., Resolution #2020-24, A RESOLUTION APPROVING THE DIRECTING THE PAYMENT OF CERTAIN BILLS OF THE CITY OF DELAVAN, ILLINOIS. The vote on this motion was as follows: Ayes: Horath, Bury, Johnson, Yontz, Hall, Fornoff; Nays: none; Absent: none. Motion carried,

MAYOR'S REPORT

> Mayor Skinner wanted to recognize Alderman Bury and Alderman Fornoff for their work at City Park. The benches and gazebos had repairs done, their work was above and beyond their responsibilities and very much appreciated.

> Mayor Skinner read a letter thanking the City Public Works Department and City Consultant Engineer Patrick Meyer for the upgrade at Veterans Park. Paula Nafziger thanked the department for working together to make our little town of Delavan better and an appealing place to live.

CITY ADMINISTRATOR'S REPORT

> City Administrator Matt Fick reported to the council about receiving quotes from various companies about updating the City's Code Book. One proposal was for $10,000. Attorney William Connor offered the use his office and to utilize his legal services to update the code book at a lower cost. Alderman Bury added that the City Code book as it stands, is not as organized as it could be, with many different formats. Alderman Hall asked if the City is not enforcing Ordinances, then why is the City paying to update the Code Book. Chief Littlefield was asked to address this issue, he replied that the City always enforces ordinances but didn't start enforcing code violations until June because of COVID and Chief Littlefield will provide future activity reports. Alderman Yontz suggested hiring a high school student to put the City Code online verbatim, to be updated by the Council. Mayor Skinner replied that the work would be vast, Alderman Johnson stated that if the Council is going to do this, the City should do it right, one page and was section at a time. City Administrator Matt Fick will research how much of the Code Book is available online. This item was tabled until next month.

> The Economic Development Website is hosted by Development Delivered, they are responsible for any updates, this portion of the City's website has been static for a number of years. City Administrator Matt Fick and Deputy Clerk Tammy Hintz spoke with a representative from Development Delivered about taking control over that portion of the website, to upload content, edit it ourselves at the cost of $2000, City Administrator Matt Fick is negotiating pricing with the company, but will also research other providers.

> City Administrator Matt Fick asked the Council about creating a new program that would require residents who meet certain criteria to apply for funding to assist in rehabilitating homes versus demolishing homes. The Council asked City Administrator Matt Fick to prepare some ideas for the next meeting.

NEW BUSINESS

A. 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 #2020-41) 

Mayor Skinner reported that this Ordinance was presented to the council in June, which was then presented to the Board of Zoning Appeals. The Board of Zoning Appeals recommended to move forward with the Ordinance. A motion was made by Alderman Bury to APPROVE AN ORDINANCE REPLACING SECITON 26.403, SWIMMING POOLS, SPAS AND HOT TUBS TO THE CITY CODE CHAPTER XXVI, PROPERTY MAINTENANCE CODE. SUB CHAPTER C, GENERAL REQUIREMENTS. (ORD #2020-41) Seconded by Alderman Johnson. Discussion on this motion was as follows. Alderman Bury suggested to remove paragraph four, sub paragraph B, because if the ladder can be removed that would meet safety requirements. The last sentence requiring above ground pool having a 60lb cover should also be removed. Alderman Yontz asked if the City was liable for drowning accidents on private property by not having an Ordinance. Attorney William Connor responded that there are cases that say if you don't regulate in a particular area you are not liable for not regulating, adding that along with insurance policies the City needs to do the right thing and protect those who can't protect themselves. Alderman Yontz, added that the City cannot protect everyone one hundred percent and asked if this ordinance just creates more regulation? Mayor Skinnner said its very important to protect lives, especially young children, this ordinance seems simple and doesn't create a lot of red tape. Alderman Johnson said this Ordinance is vitally important, this ordinance only effects new pool owners not existing pool owners. Alderman Johnson also asked to amend this ordinance to read all children eliminating the age distinction. Attorney William Connor added that many communities have swimming pool ordinances, some very detailed with a lot of regulations. This ordinance was created to fit Delavan's needs, and is a starting point to build from. Alderman Hall wanted to say for the record, that he feels this is a retaliatory because he is the only Alderman who is a pool owner, he has owned a pool for over 15 years and he is also against this ordinance. Alderman Johnson wanted clarification from Attorney William Connor on replacing pools for existing pool owners. Attorney William Connor stated that the Ordinance as it is worded, does not apply to existing pools, but replacement pools would apply. Alderman Yontz asked how many instances has the City had concerning drowning in neighbors' pools. Chief Littlefield answered that since 2008, within City limits, there have been zero. Mayor Skinner reminded the council of the recent accident just outside of town, where a child did drown. Alderman Yontz wanted to go on record saying all lives are important, we have to do things to protect the citizens, we can't eliminate we can only mitigate and there are a whole host of many things we cannot protect. Alderman Bury amended his motion to approve the Ordinance to remove paragraph four, sub paragraph B, the second and last sentence. Alderman Johnson also amended his motion to remove the remainder of the sentence following children in paragraph 4 sub paragraph A. The Council discussed clarification on the "grandfather clause". Alderman Bury said, if part of the pool is replaced, being the same size due to basic maintenance, the ordinance would not apply. The vote on this ordinance was as follows; Ayes: Bury, Johnson, Fornoff, Horath Nays: Yontz, Hall Absent: none, motion carries.

B. Discussion and Action Approving and Adopting an Ordinance Establishing Regulations for Control of Erosion, Sediment and Stormwater. (Ord #2020-42) 

City Administrator Matt Fick informed the Council this is a something that many communities have this Ordinance. City Consultant Engineer Patrick Meyer recommends putting this ordinance into place. Attorney William Connor said that this is a preventative ordinance. Alderman Johnson made the motion to APPROVE AN ORDINANCE ESTABLISHING REGULATIONS FOR CONTROL OF EROSION, SEDIMENT AND

STORMWATER (ORD #2020-42) Seconded by Alderman Horath. Discussion on the Ordinance was as follows, Alderman Yontz, questioned this ordinance. Alderman Fornoff, read from the Ordinance, that prevents work to be done without a permit, drainage districts to do not fall under this ordinance. This ordinance provides protection to the city from large projects, it has nothing to do with the waterways natural flow. Alderman Yontz, disagreed. Alderman Bury spoke with City Consultant Engineer Patrick Meyer about examples of what this ordinance prevents from happening. Alderman

Yontz said this ordinance looks more comprehensive, and the City cannot handle run off through the City as it is and the City needs to address that first. Alderman Bury called the question. Alderman Horath seconded. Vote on the call the question was as follows; Ayes: Bury, Johnson, Fornoff, Horath, Nay: Yontz, Hall Absent: none, motion carries. Vote on the Ordinance was as follows; Ayes; Fornoff, Horath, Bury, Johnson Nay; Yontz, stating this will generate a letter, Absent; Hall. Motion carries.

C. Discussion and action Approving a Donation to the Neighborhood House. 

Alderman Horath asked if we could table this donation until he has more confidence that the donation stays locally.

D. Discussion and Action Approving and Adopting a City of Delavan FY2020-2021 Residential Maintenance Program for Property Located at 508 E Fifth Street. (Ord #2020-43) 

Alderman Hall made the motion to APPROVE AND ADOPT A CITY OF DELAVAN FY2020 2021 RESIDENTIAL MAINTENANCE PROGRAM FOR PROPERTY LOCATED AT 508 E FIFTH STREET (ORD #2020-43) Seconded by Alderman Horath. Vote on this motion was as follows; Ayes: Hall, Fornoff, Horath, Bury, Johnson, Yontz, Nay: none Absent: none. Motion passes.

Other items for consideration:

> Alderman Bury would like the City to look into purchasing microphones for meetings. Alderman are having trouble hearing each other when calling in. City Administrator Matt Fick, said the purchase could be possibly covered by the COVID CARE ACT.

> Alderman Horath asked if the fishing derby would be held. Mayor Skinner and City Administrator Matt Fick said they had not been approached. The Lake will be getting treated later this week, but that it will take a couple applications.

> Alderman Bury reported to the Council about a discussion he had with City Administrator Matt Fick concerning the Residential Maintenance Program. The program was designed to assist citizens who could not afford renovations. The program has taken off and turned into a good thing. This proposed program, from Des Moines, Alderman Bury presented called the Blighted Property Rehabilitation Program, allows property owners to get more funds and gives controls to the City not to allow citizens to take advantage of the program and to fulfil their obligation to the City. Alderman Horath said the information handed out was very thorough. Mayor Skinner if the Council would like to add this to the next agenda. The Alderman approved. 

> Alderman Yontz wanted to speak for the record, about what transpired earlier in the meeting, when Alderman Bury called the question, it is not doing the city any service, it's an abuse of power it needs to stop and that Ordinances have been passed without being fully discussed, and this will trigger a letter to inform residents, and Alderman Yontz will address this separately. Alderman Bury replied to discuss the drainage issue, the prevailing side needs to bring it up, the prevailing side did not bring it up, but Alderman Yontz continues to bring up issues that have been voted down because Alderman Yontz is not happy with the outcome. Mayor Skinner said the Alderman were following the City code, and Roberts Rules, there is no abuse of power to follow Roberts Rule and call for the question. Call the question is done in every Municipality, County Board meeting, Congress, in our State Legislature, and is not an abuse of power. Alderman Yontz disagrees. Alderman Fornoff understands with regards to the drainage area or ditch, the City is on a crown, it is agricultural runoff from miles around, not just city runoff that is going down that ditch.

No further business was presented to the council. The meeting was adjourned by Mayor Skinner at 7:44 pm.

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