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 CITY OF MONMOUTH
COUNCIL MEETING MINUTES
Date: October 17, 2011 Time: 7:00 p.m. Location: 100 East Broadway
Monmouth, Illinois
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I. CALL TO ORDER & PLEDGE OF ALLEGIANCE
Mayor Rod Davies called the meeting to order in the Council Chambers at City Hall, 100 East Broadway at 7:00 p.m. and led the audience in the Pledge of Allegiance to the Flag.
II. ROLL CALL
City Clerk Susan S. Trevor called the roll and those answering Present were: Aldermen Tim Heatherly, Dave Rutledge, Dave Bates, Brian Daw, Bob Wells, Dan Heatherly, Jaime Godina and Alderwoman Vicki McNamara Also Present: Mayor Rod Davies, City Administrator Eric Hanson, City Clerk Susan S. Trevor, City Attorney Marcum Spears, MFD Chief John Cratty, MPD Chief Brad Zeigler, EMC Public Works Director Andy Jackson, Building Inspector Jim Conard and members of the Press. Absent: Community Directory Paul Schuytema
III. APPROVAL OF MINUTES – October 3, 2011
A. October 3, 2011 Council Minutes
It was moved by Alderwoman Vicki McNamara and seconded by Alderman Tim Heatherly to approve the minutes of the October 3, 2011 Council Meeting as presented. AYE: Aldermen Tim Heatherly, Rutledge, Bates, Daw, Wells, Dan Heatherly, Godina and Alderwoman McNamara NAY: none MOTION CARRIED.
IV. PRESENTATION TO THE COUNCIL
A. Old Business
There was none to consider.
B. New Business
1. Consent Agenda
a. Approval of Bills
It was moved by Alderman Dan Heatherly and seconded by Alderman Dave Bates to approve the bills as presented. AYE: Aldermen Rutledge, Bates, Daw, Wells, Dan Heatherly, Godina, Tim Heatherly and Alderwoman McNamara NAY: none MOTION CARRIED.
b. Approval of Halloween Trick or Treat Hours – 5-7:00 p.m. – 10-31-11
The Trick or Treat Hours between 5:00 – 7:00 p.m. on October 31, 2011 were approved by unanimous voice vote.
C. Committee of the Whole Discussion Items
1. MFD September Report – Chief John Cratty
Chief Cratty reviewed the report for Council as follows:
 September was a fairly busy month with 2 structure fires, one vehicle fire, a cooking fire confined to the container and a field fire.
Personnel completed staff training on identification of chemicals involved in a fire or spill; refresher EMS training on maintaining a victim’s airway and proper ventilation; and SCBA practical training using an obstacle course
Assisted with a fire drill at the M-R High School
Continue to install smoke detectors provided by the federal grant
Gave a fire extinguisher class at Warren Achievement
Roll-up compartment doors on Engine 23 were replaced under warranty
Ambulance 46 had new brakes installed
Department is somewhat short on hose and that will be addressed as the money becomes available
2. MPD September Report – Chief Brad Zeigler
Chief Zeigler reviewed the September report for the Council as follows:
Ø 119 Arrests
Ø 1.408 Calls for Service
Ø 129 for 911 Calls
Ø 2,235 Dispatch Calls
Ø 15 Accidents
Ø 18 Grant hours worked
Ø 9,547 miles patrolled
Chief Zeigler further explained that the department has conducted 67 foot patrols in the Market Alley area since October 5th in order to combat the vandalism that has been occurring there. The foot detail certainly seems to have stopped the vandalism at this point. Sergeant Bratcher was sent to a class to re-certify him as an instructor in the use of the taser gun. This will cut down on costs for the department. A suspect, who only just moved here from out of the area, has been arrested in connection with the burglaries in the Southeast area of town.
3. Community Development Report
Director Schuytema submitted his report on-line, but was not present as he was attending a Basic Economic Development Course from October 17-20th.
V. ORDINANCES
Mayor Davies amended the Agenda to allow citizens the opportunity to address Council with regards to the proposed 1st reading of four ordinances.
Carl Youngquist, 2115 58th Street, Monmouth addressed the Council on behalf of the Landlord’s Association. Mr. Youngquist expressed the following concerns:
ü What is actual time frame as he believes the proposed implementation of this registration and inspection is moving too fast?
ü How will the program be implemented and by whom?
ü Who will enforce the Code?
ü Will violations be ticketed with a fine and then will non-compliance cases go to Court?
ü How long will the property owners have to correct the violations?
ü What will the economic impact be on the landlords and the tenants and especially when the landlords are forced to raise the rent in order to afford to fix the code violations?
ü If the violations aren’t fixed, what happens to the property and the tenants who will be forced to move?
ü If the code is enacted, are there going to be exceptions as he understands it will
apply to every property owner in the community?
Mr. Bill Leonard, 107 Washington, Biggsville, IL., who is a landlord in the City of Monmouth, addressed the Council to state that he too agreed with the above-stated concerns that were presented by Mr. Carl Younquist.
Mrs. Theresa Greenstreet, 1021 East 1st Avenue, Monmouth, IL., who appeared before Council representing the Warren County Housing Authority asked that if the Property Maintenance Code were enacted, who would be grandfathered in. In addition, Mrs. Greenstreet expressed concerns as to the square footage of occupancy as it would pertain to Warren County Housing properties and whether they would be exempt as well as who if anyone will be exempt from proof of registration.
City Attorney Marcum Spears then explained the four ordinances presented for first reading as follows”
a. Ordinance 11-021 is an amendment to the City’s current fence ordinance that would require that the “finished” side or side without exposure of support posts, be faced away from the lot on which it is constructed.
b. Ordinance 11-022 references the International Building Code and eliminates the requirement of automatic sprinkler systems in new residential construction.
c. Ordinance 11-024 adds Chapter 157 to the Municipal Code, which provides for the adoption of the International Property Maintenance Code. This code would govern every building structure, which includes private residential property, in the City of Monmouth City Attorney added that this Property Maintenance Code would provide a centralized system for dealing with problem housing throughout the City.
d. Ordinance 11-023 provides for landlord registration and inspections of rental property in the City of Monmouth. It does allow for free registration every year if done before a required deadline. The registration is a way of notifying the City if a particular piece of property is rented. The onus will be on the City to inspect each property over a period of time.
In addition to the above ordinances, City Attorney Spears said that he is currently drafting another ordinance that will address the problem of non-conforming structures in a zone not zoned for the purpose that is being used by the non-conforming structure. In response to what would happen if a landlord doesn’t register, City Attorney Spears stated that the landlord could be fined. The process for identifying non-complying landlords will most likely be done through complaints or the inspection process according to City Attorney Spears. When asked as to how landlords will be notified or identified, Administrator Hanson replied that rental properties are identified when a water account is opened with the City. At present, according to Administrator Hanson, there are approximately 900 water accounts for rental units.
Mayor Davies then asked MFD Chief Cratty to share some of his experiences from when he was Fire Chief in Galesburg. Chief Cratty said that it is important to look at the goal for establishing a property maintenance code, which is to achieve a better looking and maintained community. It is not possible to achieve better looking and maintained properties without a code is a lesson that had been learned by other communities in addition to ours. When Galesburg adopted a Life Safety Code, it was discovered that this code doesn’t address property maintenance and appearances; therefore, Chief Cratty is recommending that the City of Monmouth adopt a Property Maintenance Code as an effective tool to achieve the City’s goal of better looking and maintained properties. The differences won’t be achieved overnight, but will be a step-by-step process with gradual improvements noticed.
Carl Youngquist stated that the landlords are worried that the inspectors are going to be “nit-picky” and haul them off to court. Chief Cratty said that if there are serious violations which the landlord refuses to fix that most likely the case would end up in court. It is the intent of the inspectors and the City to work with the landlords if they provide a solution schedule whereby the violations can be fixed over time. Chief Cratty stated that there have been 75 commercial inspections conducted at present and no one has had to be taken to court. The inspectors have been working with the building owners and have followed up with re-inspections. The department is striving to establish a working relationship with landlords and property owners. The Property Maintenance Code is a comprehensive code and plan according to Chief Cratty.
Alderman Bates inquired as to whether the Code was available to everyone and was told that a synopsis of each chapter was given to each landlord. City Attorney Spears said there will be a checklist that will show what is required to be in compliance with the code. Chief Cratty said that all codes can be purchased with a “code commentary”, which explains why the code was established.
Alderman Godina asked what the time frame for remedying the problems would be and was told that the ordinance reads 21 days, but that can be changed. The property would then be re-inspected to determine compliance.
Carl Youngquist commented that some people just aren’t clean living tenants and he was concerned with the City coming in and telling people how they can live.
Donald Spears, 408 North 2nd Street, Monmouth, expressed his concern about how a new Property Maintenance Code would take care of properties when the City currently doesn’t have the money to demolish all ready condemned properties.
Alderman Daw commented that the other side of this code is that it will protect the landlords as well as the tenants.
Mayor Davies stated that the ordinances are not going to be passed this evening, but he and City Attorney Spears asked that comments or concerns be e-mailed to the City Attorney or City Administrator.
Administrator Hanson explained that the staff has spent a lot of time researching and studying this issue, but direction from the Council as to how they wish to proceed is important. In addition, he pointed out that the City does indeed have bad landlords that need to be dealt with.
City Attorney Spears pointed out that landlord registration will force absentee landlords to get a local agent to oversee properties, which would provide a local contact with whom code issues can be addressed. City Attorney Spears also suggested a compromise of raising the water rates to assist the landlords with being able to afford to rectify non-compliance problems.
Mayor Davies said that 90% of the current landlords do the right thing. There is a database of habitual offenders created through the water bills listing. Staff is working to come up with proper solutions that will target the habitual offenders.
Alderman Dan Heatherly asked that a better notification system be established as there have been significant problems with past notifications of non-compliance with ordinances.
Mayor Davies said that the ordinances 11-021 through 11-024 would be further studied and brought back for a second reading at the November 7th Council Meeting.
VI. OTHER BUSINESS
A. City Administrator’s Report
Administrator Hanson had nothing further to report at this time.
B. Citizen Inquiries
There were no further inquiries at this time.
VII. ADJOURNMENT
It was moved by Alderman Dan Heatherly and seconded by Alderman Tim Heatherly to adjourn the meeting at 8:30 p.m. MOTION CARRIED by unanimous voice vote.
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Mayor Rod Davies City Clerk Susan S. Trevor
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