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, January 9, 2017 7:00 PM Council Chambers A. CALL MEETING TO ORDER Mayor Miller called the meeting to order at 7:00pm. 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 Jeff Kypta, Councilman Nancy Moss, Councilman Jeff Stehman, and Mayor John Miller Absent: 0 C. INVOCATION Delivered by Pastor Myles Holmes of Revive Church. D. PLEDGE OF ALLEGIANCE Recited. E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS F. BUSINESS PRIOR TO PUBLIC INPUT 1. Swearing in of Kevin Edmond as the Fire Chief for the City of Collinsville Mayor Miller performed the swearing in ceremonies of Kevin Edmond as the Fire Chief. Mayor Miller presented and Kevin Edmond recited the oath. G. COUNCIL DISCUSSION City of Collinsville Page 1 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 1. Proposed Liquor Code Amendment Attachments: Agenda Item Report - Liquor Code Discussion Proposed Liquor Code Ordinance with redline edits.doc Proposed Liquor License Fees 2017.doc City Manager Bair advised this liquor code discussion is a continuation from December 12, 2016. He advised in 2009 the City had 30 licenses under Class A, B, and B1. Due to a cap on the issuance of Class A liquor licenses, the City currently has a total of 25 within the Class A, B, and B1 classifications. He explained a Class A is predominately a bar with no food sales, Class B has 50% of revenue coming from food sales and Class B1 has 25% of revenue from food sales. He highlighted previously discussed amendments to include: Provisions for State required Basset training; Prohibition of Bottle Clubs and Bring Your Own Booze businesses; Define Tasting events; Valid City Business License requirements; Additional Class O classification, which allows for temporary permit to serve alcohol outside on premises for special events only; Changed submission deadlines for special and annual events from 4 to 6 weeks; Bond amended from $1000 to $2000 and removing 3 year exemption clause; and Amend site requirements to incorporate Community Development Director's review for new liquor license locations. Items pending discussion are closing hours and fees. City Manager Bair explained existing hours are as follows: Class A - 1am Sunday-Thursday, 3am Friday and Saturday Class B, B1 and E (fraternal organizations) - 2am Sunday-Thursday, 3am Friday and Saturday All other classifications - 1am Sunday-Thursday, 3am Friday and Saturday He indicated previously suggestions were to reduce the closing hours to 1am for all classifications every day of the week. Staff conducted research to determine closing hours of surrounding communities and it was determined that the 3am closing time was more lenient than others. He spoke of the closing hours of other communities for comparison. A consistent recommendation would be closing hours of 1am for weekdays and 2am on weekends. Police Chief Steve Evans spoke of the impact to the Police Department regarding the 3am closing hours. He advised he researched the calls for service in the Uptown area from 10pm-5am and narrowed the calls for service to include only those that involved alcoholic related issues. He indicated research discovered 37 calls with 17 of them after 2am. He further indicated that the 3am closing hours may encourage someone drinking in another city that closes at 2am to drive to Collinsville and continue drinking. City Manager Bair further indicated the 3am closing hour is irresponsible when other municipalities close at 2am. Councilman Stehman agreed to reduce the closing hours to 2am as that is a reasonable time. City of Collinsville Page 2 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 Councilman Moss confirmed closing hours suggestion to be 1am weekdays (Sunday-Thursday) and 2am weekends (Friday and Saturday). Mayor Miller spoke of previous issues and concurred with the potential concern of the 3am closing hours. Councilman Brombolich advised she was not in favor of going back 2 hours (1am closing) but agrees with the 2am on Friday and Saturday. She indicated the business owner's livelihood needs to be considered. She mentioned Uptown is not the only area that this would affect. Chief Evans quickly pointed out that the geographical area of Uptown was easier to retrieve data for and by no means was he insinuating an issue with any of the Uptown establishments. He advised the proposal would apply to every liquor license holder in Collinsville. City Manager Bair indicated the fee structure would remain the same with the exception of amending from quarterly payments to semi-annual option with a proposed $100 administrative service fee. He explained that this is consistent with other communities that offer a semi-annual payment option. Councilman Brombolich inquired as to how many are doing the quarterly payment option to which City Clerk Wasser advised approximately half. Councilman Brombolich indicated the quarterly option was made available to assist small business owners. City Manager Bair advised a semi-annual payment option would still be available for those who may need it and would consist of, at the most depending on classification, two $900 payments 6 months apart. He explained that this is the only fee that the City allows partial payments and that the proposed structure is consistent with other cities. Councilman Moss agreed with the semi-annual payment plan and an administrative fee for such option. City Manager Bair spoke of tasting events and indicated they are not necessarily "special events" but provisions to allow for sampling of alcoholic beverages available for sale at packaged liquor establishments. Corporate Counsel Giacoletto advised a new classification, Class N, would allow for tastings at establishments that qualify for a Class C (packaged liquor) or Class K (convention halls). He indicated that gas station convenient stores would not be permitted to host a tasting event. He indicated Council would need to determine a fee for a tasting license and suggested $25-$50 annually. Mayor Miller suggested adding Class E (fraternal halls) as well. A discussion was had regarding tasting events occuring at grocery stores, higher-end packaged liquor establishments as well as convention centers. Councilman Moss inquired of associated sales tax revenue at tasting events at the convention center or hall versus that at a grocery store and City Manager Bair confirmed with Financial Director Tamara Ammann that they would still pay sales tax. Councilman Brombolich mentioned other halls in town that may want to host similar tasting events on a smaller scale. General Council consensus was $25-$50 annual fee for unlimited tasting events. City Manager Bair indicated the amendments will be proposed at the January 23 meeting. City of Collinsville Page 3 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 H. SPEAKERS FROM THE FLOOR Kenny Sloan advised he was part owner of Sloan's Pub House. He presented Council with a paper and advised it was a comparison of other communities regarding liquor licenses. He spoke of fees related to liquor license and video gaming. He suggested offering longer hours at an additional fee for certain days or events (Italian Fest). He mentioned higher fines for serving to under age and cleaning up around premises. He suggested allowing for growlers. He mentioned BASSET training. Phil Astrauskas suggested closing time for liquor establishments should be midnight. He spoke of Sloan's TIF award. He advised he is against TIF for saloon type establishments. He mentioned Rule 7 for addressing Council during speakers from the floor and reiterated a statement the Mayor previously made regarding the use of Uber. He mentioned a cab service in town. Mayor Miller advised no endorsement was being made and it was a public service announcement only. He spoke of the amount of council members in other communities. He spoke of the Republic Services proposal, encouraged Council to not vote in favor and was not in agreement with on demand bulk pick up. He suggested going out for new bids. Robert Thiel thanks Council for the opportunity to speak. Spoke of his previously mentioned concerns. Spoke of the Mayor's position on the Council and suggested the Mayor should only vote in the event of a tie. He indicated those not elected should not speak or sit at the dais. He also spoke of a ditch that floods on Arnold Street due to road configuration and drainage issue. He mentioned the water treatment plant location. I. COMMENTS & ANNOUNCEMENTS - MAYOR None. J. COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS Councilman Brombolich asked Public Works Director Dennis Kress if he was aware of the drainage issue mentioned during Speakers from the Floor and indicated it was a state project. Director Kress confirmed that the improvements done on Collinsville Rd. was a state project since Collinsville Rd. is under state jurisdiction. He indicated the City did clean out some of the ditches on the north side. A discussion was had regarding the size of culverts and flow direction. Director Kress advised the situation would be assessed and he would be in contact with IDOT. Councilman Brombolich inquired of the closing hours for liquor establishments on the night before certain holidays and City Manager Bair confirmed that it would be consistent with other communities. She also inquired of growlers to which no one was familiar with the term or concept. City of Collinsville Page 4 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 K. COMMENTS & ANNOUNCEMENTS - CITY STAFF L. CONSENT AGENDA 1. Motion to Approve Payment of Bills for the Period Ending December 30, 2016 in the Amount of $3,085,008.30 Attachments: Agenda Item Report - Bills Board List 09-01-16 Board List 10-01-16 Board List 11-01-16 Board List 12-09-16 Board List 12-16-16 Board List 12-22-16 Board List 12-30-16 2. Motion to Approve Payroll for the Period Ending December 2, 2016, December 16, 2016 and December 27, 2016 in the Amount of $1,128,450.31 Attachments: Agenda Item Report - Payroll Board List 12-02-16 Board List 12-16-16 Board List 12-27-16 3. Motion to Approve Minutes of the November 28, 2016 and December 12, 2016 Regular Meetings Attachments: Agenda Item Report - Minutes 112816RegMtr.pdf 121216RegMtg.pdf 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 Brombolich, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 M. NEW BUSINESS City of Collinsville Page 5 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 1. Ordinance Authorizing the Purchase of a new 2017 Ford F550 Dump Truck With Snow Plow From Landmark Ford in the of Amount of $66,245 Through the Illinois Joint Purchasing Program Attachments: Agenda Item Report - Dump Truck Purchase Ordinance Landmark Price Quote Overview by Public Works Director Kress, who advised ordinance would allow for the purchase of a 2017 Ford F550 1 ton dump truck with snow plow from Landmark Ford through the Illinois Joint Purchasing Program in the amount of $66,245. This truck will replace a 2003 Ford F550 with 76,233 miles. A trade in allowance of $6,700 was offered; however, prior to delivery of new truck, proposals will be requested from local government agencies for purchase of existing truck to obtain maximum return as they are expected to be more than the trade in allowance. Funding for the purchase was included in the 2017 Capital Improvement Budget and overall purchase will fall below the budgeted amount after trade in value is considered. Final disposition was of 2003 Ford will come before Council for approval. Councilman Brombolich confirmed that the 2003 truck will be traded in if a better offer is not received and Director Kress concurred. City Manager Bair clarified that employee Mike Prosser has been working on securing proposals which may be higher than the trade in value. He also advised Council that staff is working on a method to liquidate assets to ensure we are receiving highest value possible. He thanked Mike Prosser for his efforts. Councilman Moss commented that the City previously purchased items through an online auction site and agreed with the process of maximizing liquidated assets. A motion was made by Councilman Kypta, seconded by Councilman Moss to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 2. Ordinance to Vacate The Quitclaiming and Vacating of Easements in Relation to Wal-Mart Neighborhood Market Attachments: Agenda Item Report - Vacating Easement Ordinance Director Kress advised the ordinance would allow for the vacating of existing utility easements associated with the property at 605 Belltline Rd., Walmart Neighborhood Market development site. All easements necessary for planned and existing infrastructure and utilities at the site have been dedicated and recorded on the final plat previously approved by Council. Councilman Brombolich inquired as these are the old easements associated with the Kmart and City of Collinsville Page 6 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 Director Kress confirmed. A motion was made by Councilman Brombolich, seconded by Councilman Kypta to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 3. Ordinance Establishing Salaries/Wages for Full-Time, Non-Union Personnel and Part-Time Non-Union Personnel Attachments: Agenda Item Report - Salaries Ordinance Human Resource Coordinator Stacey O'Brien indicated this ordinance reflects the addition of Kevin Edmond as full-time Fire Chief and salary adjustment of $1,500 to the base salary for Chief Building Official Dan Davis, as he received additional certification. A motion was made by Councilman Stehman, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 4. Ordinance Adopting City of Collinsville Personnel Policies Attachments: Agenda Item Report - Personnel Policies Ordinance Final Personnel Policies 01-09-2017.docx H.R. Coord. O'Brien advised this ordinance reflects previous discussions regarding the personnel policies. She gave review of changed: Section 2.03 Nepotism - removed ability to supervise relatives hired into seasonal positions; Section 2.05 Residency Requirement - added residency requirements for Police Chief and Fire Chief; Section 3.01 Employment Definitions - added Fire and Police Commission reference where necessary; Section 4.05 Overtime/Compensatory Time - changed wording from hourly to nonexempt and added reference to FLSA; Section 5.01 Employee Code of Ethics - mirrored State Gift Ban Act wording; and Section 6.05 Holidays - added Martin Luther King Jr. Holiday. She mentioned new legislation passed January 1, 2017: Child Bereavement Leave Act that required amendments to Section 6.04 Funeral Leave. Act City of Collinsville Page 7 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 specifies eligible employees of employers with more than 50 employees are entitled to a maximum of 2 weeks of unpaid bereavement time following the death of a child and employees may be entitled to up to 6 weeks of bereavement time in the event of a death of more than 1 child during a 12 month period. Illinois Employee Sick Leave Act amending Section 6.09 Sick Leave. Act requires employers who provide personal sick leave benefits to their employees to allow employees to such leave for absences due to illness, injury, or medical appointments of employee's child, spouse, sibling, etc. Councilman Moss commented on the wording on page 4 entitled Welcome. It was determined that a typographical error occurred in which several words were eliminated. H.R. Coord. O'Brien will make corrections. Councilman Moss mentioned her request for drug testing of Council members and understands it should be a separate ordinance. City Manager Bair received information from Lowenbaum Law that findings indicate Council member are not employees and Supreme Court rulings find such drug testing unconstitutional. Councilman Stehman inquired of Councilman Moss the immediate need for drug testing of Council members. Councilman Moss spoke of the epidemic of drug abuse, recent events and a growing need. Mayor Miller indicated that if drug tests were done, results would not be disseminated to anyone except the person being tested and the H.R. Coordinator. Councilman Moss indicated there are benefits in having drug testing for members of the Council and was not aware of it being found so far as unconstitutional. A motion was made by Councilman Kypta, seconded by Councilman Moss to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 5. Ordinance Authorizing the Mayor to Execute a First Amendment to the Redevelopment Agreement Between the City of Collinsville and Bhavani Investment, Inc. (Collinsville Mini Mart) Attachments: Agenda Item Report - Collinsville Mini Mart Redevelopment Applicant Letter Ordinance Agreement City Manager Bair explained that this ordinance would extend the date for substantial completion. This request came from Mr. Patel on behalf of Bhavani Investments, Inc. due to the project bidding process delayed and weather. This extension would coincide with the project schedule. This amendment would extend the term by 9 months, from June 27, 2017 to March 31, 2018. He explained the issue with starting the clock for substantial completion within the redevelopment agreement. He and Corporate Counsel will need to figure out a way as to when to start the "clock" and word future agreements accordingly. City of Collinsville Page 8 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 Councilman Moss inquired if he was referring to substantial completion by March 31 to which City Manager Bair confirmed. Corporate Counsel Giacoletto agreed that it would be substantial completion with certification for use, temporary occupancy and essentially open for business. She further inquired of the protocol if they fail to meet substantial completion by March 31, 2018. Attorney Giacoletto explained that another amendment allowing for an extension may be brought before Council for approval especially since these dates were of his (Giacoletto) and Mr. Patel's best guess. He further explained that each agreement would need to be reviewed on a case by case basis and progress evaluated. Councilman Brombolich noted that they (Bhavani Investment) has not received TIF funds and won't receive TIF funds until substantial completion. Attorney Giacoletto confirmed and added that proof of expenditures (receipts) would need to be submitted before any reimbursements are dispensed. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 N. OLD BUSINESS O. CLOSED SESSION Mayor Miller announced a closed session for discussion in accordance with 5 ILCS 120/2(c): 5. The purchase or lease of real property 11. Pending Or Threatened or Imminent Litigation A motion was made by Councilman Brombolich, seconded by Councilman Moss. to approve. The motion carried by the following vote: Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 P. ANNOUNCEMENTS City Clerk Wasser announced that City Hall would be closed on Monday, January 16 in honor of Martin Luther King Jr. holiday. Q. ADJOURNMENT A motion was made by Councilman Kypta, seconded by Councilman Moss to adjourn at 8:19pm. The motion carried by the following vote: City of Collinsville Page 9 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 Aye: 5 - Brombolich, Kypta, Moss, Stehman, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 10 Printed on 2/28/2017 City Council Minutes - Final January 9, 2017 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 11 Printed on 2/28/2017