Alderman Stoner led the Council in the Pledge of Allegiance, and Pastor Rodney Burris from Open Hearts Four Square Church, led the council in prayer.

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1 MONTICELLO CITY COUNCIL October 22, 2018 Mayor Stoner called the meeting to order at 7 p.m. Alderman Stoner led the Council in the Pledge of Allegiance, and Pastor Rodney Burris from Open Hearts Four Square Church, led the council in prayer. Roll Call was taken by City Clerk, Pam Harlan. ROLL CALL: Present: John Miller, Tammy Sebens, Wendall Brock, Joe Brown, Tom Reed, Cochran Keating, Ian Clark Absent: Jeremy Jones Also Present: City Administrator, Terry Summers, Jim Grabarczyk, Maura Metcalf, Brett Baker, Monticello Police Chief, John Carter, Carlos McClellan, Mindy Condis, Callie Jo McFarland, City Attorney, Derke Price PUBLIC PARTICIPATION: Vic Zimmerman, Monticello Superintendent of Schools informed the council of an issue that is affecting our youth, E-Cigs. He spoke of issues in the high school and middle school that has caused many students to pay the discipline consequences in the district. He informed the council that 15 communities in Illinois have banned e-cigs. He stated that a city in Wisconsin recently passed an ordinance that makes the possession and/or use of any e-cig by anyone under the age of 18 in the city will be fined on the first offense. He urged the city to research this topic and consider an all-out ban on the sales of e-cigs to anyone in our town and if that is not possible at least some consideration on raising the stakes for our minors and school age children. Steve Schreffler informed the council that the Planning and Zoning Board made a mistake on their recommendation of Ordinance that is being presented tonight to the council. He urged the council to look at the Variance and they will see that not all things apply on it. All the items must apply for an approval. He thinks the wink and nod system of the city needs to change. Mark Burton was present to inquire about the garbage haulers. This item is on the agenda and his questions will be answered during the presentation.

2 CONSENT AGENDA: a) Claims Report Claims dated October 9, 2018 thru October 22, 2018 b) Meeting Minutes: City Council Meeting Minutes October 9, 2018 Closed Session Meeting Minutes October 9, 2018 Historic Preservation Meeting Minutes August 2018 Historic Preservation Meeting Minutes October 2018 Planning and Zoning Board Meeting Minutes July 16, 2018 c) Budget Report September 2018 d) Police Report September 2018 A motion was made by Alderwoman Sebens and seconded by Alderman Keating to approve the Consent Agenda items. A voice vote was taken and motion carried with all present voting yes. MAYOR S REPORT: Mayor Stoner reported that Candidate packets are available in the front office, for those interested in running for the available council positions. Stoner also wanted to thank Rathje s for their generous donation to Allerton Park. He attended the ribbon cutting for the David J. and Debra C. Rathje Allerton Mansion Grand Entrance Drive, it will be a tremendous asset to the park. Mayor Stoner mentioned the following upcoming Events: Decorating the Downtown on November 3, 2018, Volunteer needed MTA will be presenting The Curious Savage Nov 3 rd, 4 th, 9 th, and 11 th Leaf pick up begins Nov 13 th and will run every Tuesday until Mid December City will be preforming routine Hydrant flushing evenings of Nov 4 Nov 8 OLD BUSINESS: NONE NEW BUSINESS: Mayoral Appointment Fire Department, 1 New Volunteer Firefighter Julia Norris Mayor Stoner ask if there is a motion to approve this appointment. A motion was made by Alderman Miller and seconded by Alderman Brock to approve the appointment of Volunteer Fire Fighter, Julia Norris to the Monticello Fire Department. A voice vote was taken and the motion carried with all present voting yes. Ordinance ; 903 E Center, Variance Request Mayor Stoner ask Callie Jo McFarland to give the council an overview of the ordinance. She stated that applicant- Seth & Julie Melton, owners of the single family residence at 903 E. Center St. which is zoned Urban Residential. The property is a corner lot, with two front yards, and while the west front yard faces a right-of-way, that right-of-way is used locally only by Mr. Melton and two adjacent properties. In May, Mr. Melton received a permit to construct a

3 detached garage on the property where a garage had been at one time. The permit was based upon the plans submitted, which show the west face of the garage in line with the west face of the house. It was brought to Staff s attention in July, that the garage constructed extended into the front yard and setback, and upon further investigation, the garage also encroached into the separation distance between a main and accessory structure. Monticello Municipal Code Zoning Ordinance states no detached accessory building shall be in a front yard. Additionally, the garage sits on the property line, which encroaches into the required front yard setback, and does not meet the separation distance requirement of 10 between an accessory structure and main structure. Upon communication with Mr. Melton, the property lines were located to identify the appropriate setback necessary, and any potential encroachment. It was determined that the garage is located within 1 from the west front yard property line. Mr. & Mrs. Melton are applying for a variance to allow an accessory structure in the front yard, reduce the front yard setback to 0, and reduce the separation distance between the main structure and accessory structure to 7, in order to bring their project into compliance. A public notice was published in the September 26, 2018 edition of the Piatt County Journal Republican, and adjacent property owners were notified as per state statute. The Planning & Zoning Board held a public hearing at the October 15th Planning & Zoning Board meeting. An adjacent property owner to the southwest spoke in opposition of granting the variances because of parking interference with their access to the property and rewarding bad behavior. Another member of the public warned against showing favoritism and the precedence with previous projects where construction commenced prior to approval. After discussion and consideration, the Planning & Zoning Board voted to recommended approval 4 yes-2 no-1 absent. Some discussion of the council included Alderman Miller inquiring why the two no votes were cast. Callie Jo McFarland did not know the reasons for the no votes. Alderman Brown stated this is why the ordinances need to be revamped and believes this was an honest mistake but want to avoid this from happening in the future. Alderman Brown stated that projects need to be inspected before they begin to build. Alderman Keating wanted to hear from Mr. Melton. He asked Mr. Melton if this was an honest mistake and Mr. Melton answered yes. Alderman also ask if the garage is on Mr. Melton s property. McFarland answered yes. Mayor Stoner ask if there was a motion to wave the second reading of Ordinance A motion was made by Alderman Miller and seconded by Alderman Brock to wave the second reading of Ordinance A voice vote was taken and the motion carried with all present voting yes. A motion was made by Alderman Clark and seconded by Alderwoman Sebens to approve Ordinance ; 903 E Center, Variance Request. A voice vote was taken and the motion carried with all present voting yes. Ordinance ; 2002 Spruce Lane, Conditional Use Permit & Variance Request Mayor Stoner ask Callie Jo McFarland to give the council an overview of the ordinance. She stated applicant- Thomas & Teresa Reed, owners of a single family residence at 2002 Spruce Lane would like to construct an in-ground pool in the rear yard of their property. The property currently has a storage shed in the rear yard, which constitutes as an accessory structure.

4 Monticello Municipal Code Zoning Ordinance limits an RE-1-zoned property to one accessory structure. The owners have requested a conditional use permit to allow a second accessory structure (pool). The proposed in-ground pool and deck will be 5 from the main structure. As the required separation distance for an accessory structure from the main structure is 10, Mr. and Mrs. Reed are also seeking a variance to reduce the separation distance to 5. The pool will have an automatic safety cover installed, and the back yard is fenced in and is surrounded by a 4 fence. All other setbacks and location requirements would be adhered to, based upon the plans submitted. A public notice was published in the September 26, 2018 Piatt County Journal Republican, and Staff received one concern from an adjacent property owner regarding drainage of the pool, which the petitioner has responded to. A public hearing was held at the October 15, 2018 Planning & Zoning Board meeting. No public comment was made, and the Planning and Zoning Board voted to recommend approval of the variance and conditional use requests 6 yes, 0 no, 1 absent. Mayor Stoner ask if there was a motion to wave the second reading of Ordinance A motion was made by Alderman Clark and seconded by Alderwoman Sebens to wave second reading of Ordinance A voice vote was taken and the motion carried with 6 yes and 1 present vote. The present vote was made by Tom Reed. A motion was made by Alderman Brock and seconded by Alderman Miller to approve Ordinance ; 2002 Spruce Lane, Conditional Use Permit & Variance Request. A voice vote was taken and the motion carried with 6 yes and 1 present vote. The present vote was made by Tom Reed. Resolution ; A Resolution To Designate City Holidays and City Council Meeting Dates For Fiscal Year A motion was made by Alderwoman Sebens and seconded by Alderman Miller to approve Resolution ; A Resolution To Designate City Holidays and City Council Meeting Dates For Fiscal Year A voice vote was taken and the motion carried with all present voting yes. Waste Hauler Steering Committee Recommendation Motion Only The Waste Hauler Steering Committee had three members, Cochran Keating, Terry Summers and Jeremy Jones. Cochran Keating reported to the council that the most important thing about having one hauler and an RFP is the city would have more control. At the present time the haulers have all the control. Some points the Steering Committee presented were one garbage truck weighs 53,000 lbs, each trip and this equals 5000 to 6000 cars going down a street. Other cities are going to one hauler to protect their city streets. There would be less noise if trash was only picked up one day a week. Keating stated this was not an easy job but the steering committee is recommending Advanced Disposal. Four haulers submitted proposals, but Advanced Disposal is getting the recommendation. The pricing for their service for five years is as follows: The hauler will have three different size totes, 35 gallon, 65 gallon, and 95 gallon. All the totes are the same price:

5 Every week pick up price, 1st year $13.00, 2 nd year $13.39, 3 rd year $13.79, 4 th year $14.21, and 5 th year $14.63 Twice a month pick up price, 1 st year $12.07, 2 nd year $12.43, 3 rd year $12.81, 4 th year $13.19, and 5 th year $13.58 Once a month pick up price, 1 st year $11.57, 2 nd year $11.92, 3 rd year $12.27, 4 th year $12.64, and 5 th year $13.02 After the presentation Mayor Stoner inquired each Alderman as to their thoughts on the recommendation of the committee. Alderman Miller stated his constituents want freedom of choice. Alderman Brock stated that the constituents are going to pay the price but they do not want change. Alderwoman Sebens stated the proposal is good but citizens want choice. Alderman Reed stated that 90% of the citizens will benefit from this proposal. Alderman Brown wanted more time to hear from more citizens. Alderman Keating informed the council that we have discussed this for many months. Mayor Stoner ask for a motion accept the Waste Hauler Steering Committee Recommendation. A motion was made by Alderman Keating but the motion could not go forward due to lack of a second. ALDERMAN S REPORT: Alderman Keating thanked everyone for being so civil and patient during his presentation. Alderman Miller stated he thought the discussion was good in regards to waste haulers. POLICE CHIEF S REPORT: Monticello Police Chief, John Carter encouraged the public to attend the DOVE candlelight vigil taking place the week of October 22, 7 p.m. Another program that Chief Carter wants to encourage the citizens to take part in is the Drug Take Back Program. Unused prescription medications can be dropped off at Kirby Hospital Emergency Room Drop Box. Carter also reminded everyone that he will be handing out candy on Halloween at the Monticello Aquatic Center. CITY ADMINISTRATOR S REPORT: NONE Mayor Stoner ask for a motion to go into Closed Session. A motion was made by Alderman Brock, and seconded by Alderman 8:42 p.m to go into Closed Session 5 ILCS 120/2 (c) (21). An all in favor vote was taken and the motion carried with all being in favor. A motion was made by Alderman Miller and seconded by Alderman Clark@ 8:50 p.m. to adjourn Closed Session 5ILCS 120/2 (c)(21). A voice vote was taken and the motion carried with all present voting yes. Roll Call was 8:50 p.m. as the council returned to open session.

6 ROLL CALL: Present: John Miller, Tammy Sebens, Cochran Keating Joe Brown, Tom Reed, Wendall Brock, Ian Clark Absent: Jeremy Jones Resolution ; Release Of Closed Session Minutes. Following the Closed Session, City Council May Wish To Approve The Release Of Certain Closed Session Minutes And Make Them Available For Public Review. A motion was made by Alderman Brock and seconded by Alderman Miller to approve Resolution releasing Closed Session Meeting Minutes, April 23, A voice vote was taken and the motion carried with all present voting yes. A motion was made by Alderman Clark and seconded by Alderman Miller to adjourn the meeting at 8:52 p.m. Respectfully Submitted by: Pamela Harlan