City Council

125 S. Center Street City of Collinsville Collinsville, IL 62234 Minutes - Final City Council Councilman Nancy Moss Councilman Jeff Kypta Councilman Jeff Stehman Councilman Cheryl Brombolich Mayor John Miller City Manager Mitch Bair Corporate Counsel Steve Giacoletto City Clerk Kim Wasser Monday, July 25, 2016 7:30 PM Council Chambers A. CALL MEETING TO ORDER Mayor Miller called the meeting to order at 7:30 p.m. B. ROLL CALL Also present was City Manager Mitch Bair, Corporate Counsel Steve Giacoletto and City Clerk Kim Wasser. Present: 5 - Councilman Cheryl Brombolich, Councilman Nancy Moss, Councilman Jeff Kypta, Councilman Jeff Stehman, and Mayor John Miller Absent: 0 C. INVOCATION Delivered by Pastory Kory Kimbrell of Remedy Church. D. PLEDGE OF ALLEGIANCE Recited. E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS 1. Presentation of the July 2016 Yard of the Month award to Jim and Mary Kauling Mayor Miller presented Mr. and Mrs. Kauling with the July Yard of the Month award. F. BUSINESS PRIOR TO PUBLIC INPUT 1. Ordinance Approving the Tax Increment Redevelopment Plan and Project for City of Collinsville Page 1 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 the Southwest Corridors Redevelopment Project Area Attachments: Agenda Item Report Ordinance Exhibit A - Southwest Corridors Redevelopment Project Area Exhibit B - Redevelopment Plan and Project City Manager Bair introduced an ordinance that would approve the Tax Increment Financing Redevelopment Plan and Project for the Southwest Corridors Redevelopment Project Area which is consistent with the Tax Increment Allocation Redevelopment Act. Staff recommends approval. Councilman Moss inquired of this ordinance being pulled from the June 27 meeting with regards to the two areas of land being removed from the other district. City Manager Bair indicated the main reason was to make sure all the required items were presented for approval in order for the purpose of adopting a TIF and Business District. A motion was made by Councilman Stehman, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 3 - Brombolich, Stehman, and Miller Nay: 2 - Moss, and Kypta Absent: 0 Abstain: 0 2. Ordinance Designating the Southwest Corridors Redevelopment Project Area Attachments: Agenda Item Report Ordinance Exhibit A - Southwest Corridors Redevelopment Project Area City Manager Bair indicated this ordinance designates the Southwest Corridors Redevelopment Project Area which is consistent with the Tax Increment Allocation Redevelopment Act. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 3 - Brombolich, Stehman, and Miller Nay: 2 - Moss, and Kypta Absent: 0 Abstain: 0 3. Ordinance Adopting Tax Increment Financing for the Southwest Corridors Redevelopment Project Area Attachments: Agenda Item Report Ordinance City Manager Bair advised this ordinance adopts Tax Increment Financing for the Southwest City of Collinsville Page 2 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 Corridors Redevelopment Project Area and it is consistent with the Tax Increment Allocation Redevelopment Act. Staff recommends approval. Councilman Kypta inquired of the Memorandum of Understanding letter. City Manager Bair advised Council will consider formal action upon adoption of the TIF District. City Manager Bair indicated he previously explained to Council that the letter was a non-binding agreement and would need to be considered for approval by Council before going into effect. Councilman Moss indicated the letter appears to have been executed before being presented to Council and inquired of the appropriate actions. City Manager Bair indicated that is the appropriate process for a Memorandum of Understanding as it is within the Mayor's authority to generally agree to terms but requires Council's approval to enforce. Councilman Brombolich clarified that the State has the City execute Memorandum of Understandings regarding funding for projects in which the Mayor signs prior to Council's approval. She also spoke of some reasons that were addressed in 2012 for the Southwest TIF district and indicated they still apply. She mentioned the area's lack of potential without an incentive program, surrounding communities utilizing TIF programs, and read minutes from a previous meeting regarding Councilman Moss' comments on the TIF program. She spoke of an article in the Illinois Business Journal and read a portion regarding the Collinsville TIF proposal. She inquired as to why some people do not want a TIF district in this area. She further emphasized that TIF is not a tax but rather a reallocation of property tax. She spoke of projects within the current TIF districts. Councilman Moss indicated she was not a fan of the TIF program back in 2012 and is not now. She mentioned Collinsville Crossing was going to be a TIF but changed to a Business District. She indicated she is not in favor of this TIF District. She further mentioned Collinsville's sales tax being higher than surrounding areas. She spoke of property tax surveys showing other taxing bodies raising their tax levy due to TIF programs. She indicated a TIF district often causing businesses to relocate from one area to another. She indicated she was not in favor of this TIF or the Business District. She spoke of the Belleville TIF district and indicated development was lined up before passing. Councilman Moss also spoke of the Mr. Ortbals' article in the Illinois Business Journal and indicated flooding issues were addressed. She continued to speak on the article in that Mr. Ortbals continued to ramble on regarding various things. Councilman Brombolich spoke of how she did her research regarding Councilman Moss' comments on the issue from 2012. She read additional portions of the minutes regarding sales tax rates in Collinsville. She indicated that same circumstances that existed in 2012 for the area are still present and possibly worse. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 3 - Brombolich, Stehman, and Miller Nay: 2 - Moss, and Kypta City of Collinsville Page 3 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 Absent: 0 Abstain: 0 4. Ordinance Establishing and Designating the Southwest Corridors Business District and Approving the Southwest Corridors Business District Plan Within the City of Collinsville Attachments: Agenda Item Report Ordinance Exhibit A - Southwest Corridors Business District Legal Description Exhibit B - Southwest Corridors Business District Plan Overview by City Manager Bair, who advised this ordinance establishes and designates the Southwest Corridors Business District and approves the Southwest Corridors Business District Plan. This ordinance includes a 1% sales tax within the area. Staff recommends approval. Councilman Stehman commented with regards to all the TIF and Business District related ordinances on the agenda and indicated he wished there was other options. He mentioned that Collinsville is in competition for development with other surrounding communities who utilize the TIF program as an incentive. He spoke of PGAV's report on the Southwest Corridors Business District and how Collinsville needs the sales tax to address infrastructure issues. He spoke of the area when compared with other sections of town and how this program has helped. He indicated he does not agree with every aspect of the TIF, nor the Business District, but it is the only option for the area. A motion was made by Councilman Stehman, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 3 - Brombolich, Stehman, and Miller Nay: 2 - Moss, and Kypta Absent: 0 Abstain: 0 5. Ordinance Establishing and Imposing Certain Business District Taxes in the Southwest Corridors Business District Attachments: Agenda Item Report Ordinance City Manager Bair described this ordinance as establishing and imposing the business district taxes for the Southwest Corridors Business District at 1%, which is consistent Section 11-74.3-3 of the Business District Law. Staff recommends approval. Mayor Miller commented on all the TIF and Business District agenda items and indicated, although Council is divided, the decision is taken with great consideration. He spoke of the oath each Council Member agreed to upon taking office as it included passing ordinances and resolutions that are appropriate and enhancing our community. He acknowledged the 1% sales tax as it goes back into City of Collinsville Page 4 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 the taxing area for improvements. He spoke of the need for improving the Southwest Corridors area. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 3 - Brombolich, Stehman, and Miller Nay: 2 - Moss, and Kypta Absent: 0 Abstain: 0 G. SPEAKERS FROM THE FLOOR Donna Green thanked the Council for approving the TIF and Business District. She spoke of a comment she put on Facebook regarding the City being financially responsible. She indicated she received many positive comments about Collinsville and listed them. Dale Rawsing spoke of the direction the town is going. He thanked the Council members who voted against establishing the TIF and Business District. He spoke of the 1% sales tax as being detrimental and TIF's ineffectiveness. He indicated he was in favor of small government and free market. Joe Ashmann spoke of TIF being used for infrastructure purposes as a positive use. He mentioned the Gateway Convention Center receiving TIF funds as being inappropriate since they are a taxing district. He spoke of a Unit 10 School District board member working for the City of Collinsville. He proposed listing all those who have benefited from the TIF program and indicated the tax payers have not benefited from the program. Phil Astrauskas read an editorial article from the Belleville News Democrat. He spoke of corruption and violating the Open Meetings Act. He indicated Collinsville was not a growing community. He mentioned the Mayor not having to pay real estate taxes due to his service disability. He mentioned Collins House expenditures. Rob Dorman asked Corporate Counsel if Home Rule allows an increase to the amount of Council members. Corporate Counsel Giacoletto declined discussion. He spoke of the difference between this TIF district and others. He played video clip of the July 11th meeting. He spoke of the Mayor's comments from July 13, 2015 and he played a video from said meeting. David Jerome indicated he is not a fan of TIF unless used in the proper manner. He commended all the Council members for debating the issue. He indicated he has received many calls regarding the TIF program and all, with the exception of 1 or 2, are in favor. He spoke of how this TIF will improve the infrastructure. He mentioned the foresight of previous Council members when Gateway Convention Center was developed. He read a portion of the Illinois Business Journal article previously mentioned. Robert Thiel referred to the meeting as being a "kangaroo court." He spoke of the new TIF Plan in which units were identified as potentially being removed from the area. He mentioned the new water City of Collinsville Page 5 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 treatment plant location. He inquired about standing water and mosquito control. He spoke of EPA standards with regards to chemicals used at treatment plants. He mentioned lawsuits. Mary Drumm read an article from a City newsletter. She thanked Councilmen Moss and Kypta for listening. She mentioned vacant property on Eastport Plaza. Karen McReynolds indicated a majority of people have voiced their opinions at Council meetings against TIF. She read a portion of the Open Meetings Act and case law on restricted speech. She mentioned the agenda packet was not available for the July 11 meeting. She spoke of positive solutions being ignored and personal agenda as priority. She gave her opinion on positive solutions. Scott Rayho thanked all the Council members for their efforts. He continued to read a portion of the article by Alan Ortsbal, Illinois Business Journal, regarding the Southwest Corridors TIF District. James Sparks disagreed with the comment that TIF is not a tax. He mentioned a previous Open Meetings Act issue. He spoke of Paul Mann and a previous meeting regarding the TIF program. H. COMMENTS & ANNOUNCEMENTS - MAYOR Mayor Miller spoke of several events over the past week: - annual Faith in Action auction fundraiser, - Walk for a Cure, cancer research event in which $2,600 was raised, - prayer for future property site of the third Habitat for Humanity home in Collinsville, and - ribbon cutton ceremony for Walmart's new grocery pick up program. He also announced his reappointment of Jane Limerinos to the Civil Service Commission. He recognized Collinsville High School Bowling Team members who will be participating in the U.S. National Championship in Florida. I. COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS Councilman Moss agreed about Collinsville being a great community. She spoke of her disappointment regarding condescending responses directed to the speakers from the floor during the July 11 meeting. She spoke of the lack of customer service. She expressed her opinions about public servant responsibilities. She addressed the issue of having a question and answer period due to time limits for the speakers but indicated the City Manager or staff would address the speakers concerns shortly thereafter. She would like to see an effort made in addressing the concerns of the speakers. Councilman Stehman spoke of his willing to answer questions or concerns of the public but will not entertain bantering. He agreed with responding back in order to address concerns and indicated the City Manager recently made several attempts. He spoke of the difficulty of responding to foul comments or false accusations. He addressed the issue of comments being made that the Council is City of Collinsville Page 6 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 not listening to the people but indicated that just because a small group of people disagree with something does not mean the Council does not listen to them. He told the story of the child who never spoke until one day he was upset about his soup being cold and indicated he never spoke up before because nothing was wrong. He mentioned the majority of voters who do not attend the meetings to make positive comments. He indicated he listens to everyone's view points. Councilman Moss responded and indicated she was not referring to his issue. Mayor Miller responded to Councilman Moss's comments regarding the previous meeting. He read Rule 9 of Ordinance 4765 - governing speakers from the floor. He indicated that as Chairman he has been lenient with regards to enforcing the rules. He spoke of being exempt from paying property taxes due to his military disabilities. He spoke of false accusations. He indicated Council is to listen to the entire population of Collinsville and serve them as a whole. He apologized for last meeting. He advised that he did not prohibit anyone was speaking as the speaker was allowed to continue after recess. He would like to get back to doing the City's business as a group. J. COMMENTS & ANNOUNCEMENTS - CITY STAFF City Manager Bair acknowledged that Public Works Director Dennis Kress had previously addressed the new water treatment plant issues. He further addressed the water treatment plant location and indicated the plant will be built at the rear of the property leaving the front of the parcel for future development. The City sought legal review regarding Open Meetings Act for the July 11 meeting and was advised we were compliant. He clarified that the 1% business tax is not for the entire city but for qualified purchases within the district. He indicated his conversations regarding the TIF have been overt in that this program will be used to improve the infrastructure within the district to support future developments. The funds are derived from the area and put back into the district. Councilman Brombolich inquired of a comment previously made regarding a school board member is a City employee. Mayor Miller advised there is not but believes they were referring to the former Education Liaison. City Manager Bair confirmed that Gary Clark has not been employed by the City since August 2015. K. CONSENT AGENDA 1. Motion to Approve Payment of Bills for the Period Ending July 15, 2016 in the Amount of $565,619.21 Attachments: Agenda Item Report Board List 07-08-16 Board List 07-15-16 2. Motion to Approve Payroll for the Period Ending 7/1/16 in the Amount of $517,032.49 City of Collinsville Page 7 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 Attachments: Agenda Item Report Board List 07-01-16 3. Motion to Approve Minutes of the June 27, 2016 Regular Meeting Attachments: Agenda Item Report Minutes 4. Resolution Requesting Permission from the Illinois Department of Transportation to Close Main Street for Italian Fest Attachments: Agenda Item Report Resolution 5. Resolution Requesting Permission from the Illinois Department of Transportation to Close Main Street for the Italian Fest Parade Attachments: Agenda Item Report Resolution 6. Resolution Requesting Permission from the Illinois Department of Transportation to Close Streets for the Collinsville High School Homecoming Parade Attachments: Agenda Item Report Resolution Request Letter 7. Resolution Requesting Permission from the Illinois Department of Transportation to Close Main Street for the Fall Festival Attachments: Agenda Item Report Resolution Mayor Miller asked if the Council wished to pull any items prior to a Motion. No items were pulled. A motion was made by Councilman Stehman, seconded by Councilman Moss, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 L. NEW BUSINESS City of Collinsville Page 8 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 1. Ordinance Accepting an Illinois Workers’ Compensation Commission Settlement Contract Lump Sum Petition and Order Attachments: Agenda Item Report Ordinance Settlement Contract Overview by Finance Director Tamara Ammann, who advised this ordinance authorizes a settlement payment in the amount of $18,880 to an employee who was injured July 12, 2015 when moving a patient during an EMS call. All medical expenses and temporary disability benefits have been paid. Employee has returned to work. Settlement represents a 5% loss of use of the body as a whole. Councilman Brombolich inquired if the settlements were done in a court proceedings and/or are they public record. Director Ammann indicated settlements are handled between the City's comp attorney and the employee's attorney but some may go through arbitration. She further indicated they are public record. City Manager Bair clarified that staff researched information regarding the employee's names being redacted as this was past practice. He indicated legal opinion was sought which advised the names of settlements should be disclosed but the nature of the injury redacted. A motion was made by Councilman Kypta, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 2. Ordinance Accepting an Illinois Workers’ Compensation Commission Settlement Contract Lump Sum Petition and Order Attachments: Agenda Item Report Ordinance Settlement Contract Director Ammann advised this ordinance authorizes a settlement payment of $30,038.88 to an employee who was injured on February 14, 2016 while moving a patient on an EMS call and injured again on March 13, 2016. All medical expenses and temporary disability benefits for the employee have been paid. Employee has returned to work. This settlement represents 18.5% loss of use of the left leg. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 9 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 3. Ordinance to Award Bid and Authorize Contract for the Purchase of 2016 GM Ambulance and Power Load System, Project EQP-598-16 to American Response Vehicles (ARV) in the amount of $196,361 Attachments: Agenda Item Report Ordinance Assistant Fire Chief Dale Kyrouac acknowledged the Ambulance Committee for their efforts. He continued with the overview by advising 3 bids were received and opened on May 16, 2016 for the purchase of a new ambulance and power load system. American Response Vehicles (ARV) met all specifications and submitted bid in the amount totally $196,361 (ambulance - $181,592, power load system - $20,197, and a reduction of -$5,428). Funding will come from the Capital Projects Fund. Staff recommends approval. A motion was made by Councilman Brombolich, seconded by Councilman Kypta to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 4. Ordinance Providing for the Purchase of Zoll Cardiac Monitor in the amount of $31,237 Attachments: Agenda Item Report Ordinance Asst. Fire Chief Kyrouac advised Zoll Medical Corp. is a sole source vendor of the Zoll Cardiac Monitors. The City currently has 5 Zoll monitors, E Series, which are outdated and do not transmit EKG information to the hospital. They will be trading in 1 Zoll E Series monitors receiving credit towards the purchase of the new model. Staff recommends approval. A motion was made by Councilman Moss, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 5. Ordinance to Award Bid and Authorize Contract for the purchase of 2016 Chevy Type III Chassis and remount of current 1244 Horton Ambulance onto proposed Chassis in 2017, Project EQP-600-16 to American Response City of Collinsville Page 10 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 Vehicles (ARV) Attachments: Agenda Item Report Ordinance Asst. Fire Chief Kyrouac advised 2 bids were received and opened on June 17, 2016 for the purchase of a 2016 Chevy Type III Chassis and remount of the current 1244 Horton Ambulance onto the Chassis. ARV met all specifications and submitted a bid amount totally $137,742 (Chassis - $37,469, remount of box onto chassis - $80,076 and power load system - $20,197). Project funded by 2017 Capital Projects Fund. Upon authorization, a contract will be signed securing price and chassis. Staff recommends approval. Mayor Miller indicated a $60,000 savings by remounting. Councilman Stehman ask Asst. Fire Chief Kyrouac to elaborate on why we are executing contract now for a 2017 purchase. Firefighter Joe Becker, Ambulance Committee member, explained the Chevy chassis will no longer be available after this year. In addition, the vendor indicated the prices of the 2017 Chevy Chassis will increase $3,000 this coming September. City Manager Bair reiterated the cost savings and clarified why the contract is executed now but expenditure will not occur until 2017. FF Benker indicated bids for CPR device will be sought. Councilman Moss clarified this is a remount of ambulance #1244 and FF Benker concurred. He further explained that if we failed to secure the chassis now, the City would need to look at purchasing a whole new ambulance instead. A motion was made by Councilman Stehman, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 M. OLD BUSINESS N. CLOSED SESSION Discussion in accordance with 5 ILCS 120/2(c): 2. Collective Bargaining 11. Pending or Threatened or Imminent Litigation A motion was made by Councilman Kypta, seconded by Councilman Moss to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 11 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 O. ANNOUNCEMENTS P. ADJOURNMENT A motion was made by Councilman Kypta, seconded by Councilman Stehman to adjourn at 9:11 p.m. The motion carried by the following vote: Aye: 5 - Brombolich, Moss, Kypta, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 12 Printed on 8/24/2016 City Council Minutes - Final July 25, 2016 ADDRESSING THE COUNCIL DURING SPEAKERS FROM THE FLOOR Below are the rules for input during City Council meetings as set out in Ordinance No. 4765 entitled “Ordinance Governing Speakers From the Floor During Meetings of the City Council and the Commission, Boards, and Sub-Bodies of Collinsville, Illinois”. Speakers may address the Council during the time designated as Speakers From the Floor on the agenda. RULE 1: Speakers shall be allowed only during “Speakers from the Floor,” or at any other time if requested by a member of the City Council. RULE 2: Input must relate to a matter under the authority of the City of Collinsville. RULE 3: Upon request by the meeting Chairman for speakers from the floor, a prospective speaker shall express the desire to speak, be recognized by the meeting Chairman, approach the designated podium, and state their name and general subject matter to which they will address the City Council. RULE 4: After establishing their identity, prospective speakers shall immediately address only the City Council. RULE 5: Each speaker is limited to four (4) minutes to address the City Council. No extensions will be granted and no time shall be compensated to the speaker resulting from interruptions by or discussion with the City Council, City Manager, or any other City officer or employee. RULE 6: Speakers shall address only the City Council collectively or its members individually. Speakers shall speak to issues and shall refrain from personal attacks on City appointed officials and employees. Speakers may not address issues related to pending litigation in which the City or its subsidiary bodies, officers, agents, employees, boards or commissions is a party. RULE 7: Speakers shall not be permitted to advertise, solicit, request, urge, summon, or cajole the City Council or the general public, except as otherwise provided for herein, with regard to any products, goods, services, information, gains, losses, advantages, consequences, or any other similar matter, notwithstanding that there may or may not be any pecuniary, monetary, financial or property gain, loss, or benefit to the speaker or any other person or entity. RULE 8: Speakers shall act and speak with decorum and conform to conventional social manners in speech, writing, dress, and behavior. The audience shall refrain from conduct that disrupts the meeting in any way such as clapping, booing, loud talking or outbursts. A speaker may be immediately terminated at the meeting Chairman’s discretion. RULE 9: Determination of breaches of this Ordinance shall be made by the meeting Chairman. The meeting Chairman customarily will warn the speaker or members of the audience of inappropriate behavior through one warning use of the gavel. Subsequent inappropriate behavior shall result in the immediate removal of the responsible parties at the discretion of the meeting Chairman. City of Collinsville Page 13 Printed on 8/24/2016