MINUTES

DANVILLE CITY COUNCIL
JANUARY 2, 2008


#1....THE REGULAR MEETING of the City Council of the City of Danville was called to order at 6:02 p.m. by Mayor Scott Eisenhauer.

THE ROLL CALL was answered by Mayor Scott Eisenhauer, Aldermen Jerry Askren, Dale Brandenburg, Ron Candido, Jon Cooper, Lois Cooper, Steve Foster, Bill Gilbert, Steve Nichols, Nancy O’Kane, Michael Puhr, Tommie Reed, Rick Strebing and DeMarko Wright. Absent was Vice Mayor Terry Baldwin. A quorum was present.

Staff Members Present: City Treasurer Lisa Monson, City Attorney Dave Wesner, City Clerk Janet Myers, City Comptroller Gayle Brandon, Corporation Counsel John P. Wolgamot, Human Relations Manager Sandra Houston, Neighborhood Services Coordinator Tracy Stebbins, Public Development Director John Heckler, Public Safety Director Larry Thomason, Public Transportation Director Richard Brazda, and Public Works Director Doug Ahrens.

There were also 6 news media and 6 audience members in attendance.

#2....INVOCATION was given by Alderman Reverend Tommie Reed followed by
#3....THE PLEDGE OF ALLEGIANCE led by Alderman Bill Gilbert.

#4....THE MINUTES of the regular meeting held December 18, 2007, having been published, posted and distributed, were presented. Alderman L.Cooper moved for approval, seconded by Alderman Brandenburg. On the voice vote, all ayes, no nays; the motion so ordered.

#5....THE AGENDA for the evening was presented. There being no changes, Alderman Reed moved for approval, seconded by Alderman L.Cooper. On the voice vote, all ayes, no nays; the motion so ordered.

#6….MAYOR’S REPORT
#6-A..Proclamations – None
#6-B..Board/Committee Appointments – None

#6-C..Reports of Boards, Agencies, Commissions
Human Relations Manager Sandra Houston announced the Martin Luther King Celebration events on behalf of the Human Relations Commission. The banquet will be Sunday, January 20, 2008, at 4:00 p.m. at Days Inn with scholarship presentations and native Bryan Wilson performing. On Monday, January 21, the motorcade will begin at 10:30 a.m. and the Community Service will begin at 11:30 at St. James Methodist Church.

#6-D..Items of Information
• Mayor Eisenhauer announced a Cash Flow Loan for general operating expenses approved in December was not needed as revenue from the State is coming in and expenses were less then anticipated. There will, however, be a need for discussion during the Public Works Committee meeting of authorizing a Cash Flow Loan for Motor Fuel Tax fund in order to finish payments towards the Winter Avenue Project.
• Mayor Eisenhauer thanked everyone for a fantastic 2007 and looks forward to working with everyone in 2008.

#7….PETITIONS, COMMUNICATIONS, AUDIENCE COMMENTS
Jerry Hawker, 207 Payne, thanked Mayor Eisenhauer for creating the Rental Housing Ad-Hoc Committee and appointing landlords to the Committee. He voiced objection to the Public Services Committee changing the definition of Rental Dwelling since the Ad-Hoc Committee recommended keeping the old language.

#8….ZONING PETITIONS – None were presented.
#9….CLOSED SESSION was not needed.

#10...PUBLIC WORKS COMMITTEE REPORT
Chairman Puhr announced the next Public Works Committee meeting on Tuesday, January 8, 2008, at 6:00 p.m.

#11...PUBLIC SERVICES COMMITTEE REPORT
#11-A..Chairman Nichols presented the City Clerk’s Report to approve Raffle Licenses for Catlin 8th Grade Class Trip, Danville Boat Club, and Schlarman High School, moved to dispense with the reading and asked for approval, seconded by Alderman O’Kane. There being no questions, on the voice vote, all ayes, no nays; the motion so ordered.

Chairman Nichols presented Items B & C for a single vote, moved to dispense with the readings and asked for approval. There being no objections, Alderman O’Kane seconded. Those items being:
#11-B..PAYROLL for December 21, 2007, of $474,416.98 and for December 28, 2007, of $54,432.16;
#11-C..SCHEDULE OF VOUCHERS PAYABLE, each having been published, posted, and distributed, for December 25, 2007, of $241,811.79 and for January 1, 2008, of $152,002.50;
There being no questions, the roll call vote being:
Ayes: Aldermen Candido, Foster, J.Cooper, Askren, O’Kane, Nichols, Puhr, Brandenburg, Gilbert, L.Cooper, Strebing, Reed, Wright
Nays: None
Absent: Alderman Baldwin
Motion carried 13 to 0 with 1 absent.

#11-D..Chairman Nichols presented RESOLUTION NO. 2008-1 authorizing the City Comptroller
to write off 98 uncollectible delinquent accounts totaling $35,510.73 due to various reasons such as bankruptcy, death, foreclosure, and unable to locate as recommended by Committee, moved to dispense with the reading and asked for approval, seconded by Alderman Reed. There being no discussion, the roll call vote being:
Ayes: Aldermen Foster, J.Cooper, Askren, O’Kane, Nichols, Puhr, Brandenburg, Gilbert, L.Cooper, Reed, Wright
Nays: Aldermen Candido, Strebing
Abstention: Alderman Wright
Absent: Alderman Baldwin
Motion carried 10 to 2 with 1 abstention and 1 absent.

#11-E..Chairman Nichols presented ORDINANCE NO. 8569 amending Chapter 163 pertaining to
Rental Housing Registration as recommended by Committee, moved to dispense with the reading and asked for approval, seconded by Alderman Brandenburg. City Attorney Wesner distributed a new draft with additional changes made since the Public Services Committee meeting including changes to Sections 163.03 and 163.04 to clarify the registration period is from January 1 to December 31; to make consistent Section 163.06 regarding the 30-day period to which an owner must register upon purchase of a rental dwelling; and to clarify Section 163.12 referring to the Registration Certificate being issued and valid through December 31. Recommendations by the Ad-Hoc Committee included annual registration of all rental properties for period January 1 through December 31 for a $10.00 per unit fee with a maximum fee of $500.00 for a single parcel; requiring a local representative to be available for meeting with City officials within a one hour time frame; allowing for routine external inspections of property but allowing internal inspections only when a complaint is registered; eliminating exemptions of certain properties for registration; and eliminating levels of code violations in 163.11. Further recommendations from the Committee included eliminating the term BOCA National Code since it no longer exists; removing the word “eventually” in the third sentence of Section 163.01 as recommended by Alderman Candido; replacing the word “assigns” with “designee” in the definition of Code Official; changing the wording of Section 163.04 (A) to be “All owners of any rental dwelling(s) shall register such dwelling(s) upon acquiring ownership.” , eliminating the rest of the sentence; and amending the definition of Rental Dwelling to read: “A dwelling unit which is not owner-occupied or which may be rented, offered for rent, loaned, let or hired out by any person to any other person; except that a vacant structure which is being actively marketed for sale shall not be considered a rental dwelling.” To address Alderman Foster’s question as to the date owners must re-register dwellings, it was clarified annual registration shall be done anytime prior to January 1 of each year. Alderman Strebing questioned why hotels and motels would not be required to register and is opposed to including property being occupied free of charge as rentals. It was stated hotels and motels do not fall under the definition of Dwelling and there is a separate ordinance for hotel/motel licensing and inspections. Alderman Askren voiced opposition to the change in definition of Rental Dwelling as some vacant properties are not truly rentals, then moved to amend the proposed ordinance by reverting to the original definition of Rental Dwelling as being “a dwelling unit offered for remuneration whether for cash or any other form of payment that benefits the owner”, seconded by Alderman Strebing. During discussion of the amendment, it was clarified the reason for the change recommended by Staff was to provide for an expansive definition to deal with units being rented to people for free and to provide a mechanism for inspections with regards to public health issues. Alderman Candido recommended adding language to define Owner-Occupied to be as defined by County Records. Alderman Nichols voiced support of the definition as recommended in the current draft and believes Staff will be reasonable when defining owner-occupied. There being no further discussion on the amendment, the roll call vote being:
Ayes: Aldermen Askren, Puhr, Gilbert, L.Cooper, Strebing, Reed
Nays: Aldermen J.Cooper, O’Kane, Nichols, Brandenburg, Wright, Candido, Foster
Absent: Alderman Baldwin
Motion failed 6 to 7 with 1 absent.
During further discussion on the original motion, Alderman Puhr voiced support of going from an inspection program to a registration program and feels $10.00 per unit is affordable for everyone. Alderman Candido asked for support of amending the definition of Owner-Occupied as defined by the State of Illinois Property Code and Mayor Eisenhauer suggested time for Corporation Counsel and City Attorney to research and then a motion could be made to amend the definition at the next Public Services Committee meeting. There being no further discussion, the roll call vote being:
Ayes: Aldermen Askren, O’Kane, Nichols, Puhr, L.Cooper, Reed, Wright, Candido, Foster, J.Cooper
Nays: Aldermen Brandenburg, Gilbert, Strebing
Absent: Alderman Baldwin
Motion carried 10 to 3 with 1 absent.

#11-F..Items of Information
Mayor Eisenhauer thanked Chairman Alderman Puhr and the Rental Housing Ad-Hoc Committee for their hard work on the Rental Registration Ordinance.

#12…ITEMS OF INFORMATION
• Alderman Candido questioned the impact of T.I.F. (Tax Increment Financing) Districts on future funding for Pensions. He commented regarding an article that stated it would be 25 years before the Fairchild Street Subway would be replaced but Mayor Eisenhauer reported the statement was incorrect and there are plans for replacement much sooner. Alderman Candido recommended placing items recommended from each Committee on Council agendas for discussion only, with action at the following Council meeting in order to bring about more discussion and information to all the Aldermen before a final vote.
• Alderman Askren asked residents to place all recycling materials inside the dumpsters and voiced support of further education on recycling. He stated Vermilion County has been emptying the dumpsters on Main and Washington more often due to the greater amount being dropped off and thanked everyone for their recycling efforts.
• Alderman Strebing stated extra recycling sites will be forthcoming when agreements are made and hopes Staff is looking into in-house billing and collection of sewer and garbage fees.
• Alderman Foster commented about the number of absent Council members at the last meeting as it creates an unfair advantage for some wanting certain issues passed. He then questioned the Planning & Zoning Commission’s self-review. Mayor Eisenhauer stated they are looking at the entire process of the Commission.

#13...ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 7:00 p.m. following a
motion by Alderman Strebing and a second by Alderman L.Cooper.

____________________________________
Janet K. Myers, City Clerk

I, Janet K. Myers, City Clerk of the City of Danville, Illinois, do hereby certify that the foregoing Minutes are a true and correct copy of the regular meeting held January 2, 2008, as the same appears on the records of the City now in my custody and keeping.

________________________________________
Janet K. Myers, City Clerk
Approved: 01/15/08
Posted Publicly: 01/17/08