City Council

125 S. Center Street City of Collinsville Collinsville, IL 62234 Minutes - Final City Council Councilman Jeff Stehman Councilman Cheryl Brombolich Councilman Donna Green Councilman David Jerome Mayor John Miller City Manager Mitch Bair Corporate Counsel Steve Giacoletto City Clerk Kim Wasser Monday, September 25, 2017 7:00 PM Council Chambers A. CALL MEETING TO ORDER Mayor Miller called the meeting to order at 7:00 pm. B. ROLL CALL Also present: City Manager Mitch Bair, Corporate Counsel Steve Giacoletto and City Clerk Kim Wasser. Present: 5 - Councilman Donna Green, Councilman Jeff Stehman, Councilman David Jerome, Councilman Cheryl Brombolich, and Mayor John Miller Absent: 0 C. INVOCATION Delivered by Pastor Dale Barnhurst of Seventh Day Adventist. D. PLEDGE OF ALLEGIANCE E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS 1. Presentation of the September 2017 Yard of the Month Award to Sue Barnhart of 1003 Keebler Attachments: Agenda Item Report Clerk Wasser announced the presentation would be postponed as the recipient was unable to attend. F. BUSINESS PRIOR TO PUBLIC INPUT 1. Ordinance Repealing Ordinance 3326 and Adopting Regulations with Regards City of Collinsville Page 1 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 to Adult Entertainment Businesses into the Collinsville Municipal Code, Title 17 Zoning Attachments: Agenda Item Report Staff Report for Planning Commission Ordinance Adult Cabarets in Seattle.pdf Adult Entertainment Businesses in Indianapolis.pdf Ordinance Governing Sexually Oriented Businesses - Arlington, TX.pdf City of Erie, Pennsylvania v Pap's A.M. dba Kandyland.pdf City of Everett, Washington Police Dept. - Crime Related Impact of Adult Retail Businesses.pdf Ordinance Establishing Licensing Regulations for Adult Entertainment Establishments - Galesburg, IL.pdf City of Los Angeles, CA v Alameda Books, Inc.pdf Ordinance Adopting Adult Business Licensing Regulations and Adult Business Zoning Regulations, Finding of Fact Justifying Action - Mount Vernon, WA.pdf City of Renton, WA v Playtime Theatres, Inc.pdf Young (Mayor of Detroit, MI) v American Mini Theatres, Inc.pdf Crime Risk in the Vicinity of a Sexually Oriented Business. A Report to the Centralia City Attorney's Office.pdf Ordinance Providing for the Location of Sexually Oriented Businesses - Greenville County, SC.pdf Ordinance Regulating Sexually Oriented Businesses - Mecklenburg County, NC.pdf Barnes (Prosecuting Attorney of St. Joseph Co., IN) v Glen Theatre, Inc.pdf Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Business.pdf Report to the American Center for Law and Justice on the Secondary Impact of Sex Oriented Business.pdf Secondary Effects of Sexually-Oriented Businesses on Market Values.pdf Summaries of Secondary Effects Reports by the Community Defense Counsel.pdf Community Development Director David Bookless introduced Attorney Heidi Eckert, who gave the overview. Attorney Eckert advised a public hearing was held during the Planning Commission meeting with regards to the repeal of 3 ordinances relating to sexually oriented businesses. Evidence, case law and studies were presented during the hearing regarding negative secondary effects associated with City of Collinsville Page 2 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 sexually oriented businesses. The Commission also received reports and studies by other municipalities pertaining to negative secondary effects associated with sexually oriented businesses that are retail only. She explained a retail only sexually oriented business. She further indicated there are studies that show a direct correlation between this type of business and an increase in criminal activity as well as a decrease in property values. Upon conclusion of the public hearing, the Planning Commission recommended approval of the draft ordinances. She advised all supporting documents (case law, Supreme Court decisions, studies, reports, etc) showing correlation between sexually oriented businesses and negative secondary effects were presented to Council prior to tonight's meeting to which City Manager Bair confirmed. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 2. Ordinance Amending Ordinance 17-15 (Liquor Code) Relating to Adult Entertainment Businesses and Adopting Regulations with Regards to Adult Entertainment Businesses into the Collinsville Municipal Code, Title 5 Attachments: Ordinance Ordinance 17-15 Liquor Code Attorney Eckert explained this ordinance provides for the prohibition of alcohol sales and/or consumption at any sexually oriented business within the City. She indicated the studies previously references shows a direct correlation between negative secondary effects and sexually oriented businesses that sell alcohol. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 3. Ordinance Repealing Ordinance 2857 (Business Licenses) Relating to Adult Entertainment Businesses and Adopting Regulations with Regard to Adult Entertainment Businesses into the Collinsville Municipal Code, Title 5 Attachments: Ordinance Ordinance 2857 - Chapter 5.60 Adult Entertainment Business Attorney Eckert explained this ordinance is similar to that of the first ordinance that was presented tonight. That ordinance pertains to the Zoning Code and this ordinance is regarding licensing and City of Collinsville Page 3 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 business regulations. The ordinances mirror each other but are in different sections of the Municipal Code. She further advised that based on studies that were presented, as well as Supreme Court decisions, we are regulating adult entertainment industry by operating in the M-1 industrial section of the City. Councilman Jerome thanked Attorney Eckert for providing Council with all the supporting documents. A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 4. Ordinance Approving a Planned Development District P-R3 Planned Multifamily Residential District (Hamptons on Keebler) Attachments: Agenda Item Report Staff Report for Planning Commission Ordinance Overview by Director Bookless, who advised this is an application for rezoning from R-3 to Planned R-3. The proposal includes four separate 5 unit buildings, similar to the Courtyards on Keebler which is just north of this location, 1711 Keebler Rd. Planning Commission recommended approval with conditions (trash enclosure to be made with durable and decorative material, preserve as many trees as possible and build front porch eave). Councilman Brombolich inquired of the previous zoning to which Director Bookless advised it was R-3 but per Code any multifamily development must be Planned Use. She asked of neighboring properties. Director Bookless indicated several multifamily units within the corridor. He further advised that none of the residents attended the public hearing but he did receive a telephone call inquiring of the development. The resident seemed satisfied to hear the development would be similar to that of the Courtyards. Councilman Jerome inquired of the 6 to 1 vote by the Planning Commission members. Director Bookless indicated the one member expressed aesthetic concerns which contributed to the conditions of the approval. City Manager Bair clarified the development meets design requirements to which Director Bookless concurred. A motion was made by Councilman Jerome, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 City of Collinsville Page 4 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 Abstain: 0 5. Ordinance Approving a Planned Development District P-BP-3 Business Park District (157 Storage) Attachments: Agenda Item Report Staff Report for Planning Commission Ordinance Director Bookless explained the purpose of the amended planned district ordinance. He indicated it would allow for an additional storage building to be built at a larger size than what was previously approved, 6,800 sf instead of 1,500 sf. He described the site as being located on Rt. 157 at Keller Lane. The additional building would be built at the rear of the property. The applicant also requested to construct the building out of metal. He explained that metal would typically not meet design guidelines but Planning Commission took into consideration the other buildings on the property and the location. Planning Commission recommended approval. Councilman Brombolich inquired of previous zoning to which Director Bookless advised it was a Planned District. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 G. COUNCIL DISCUSSION H. SPEAKERS FROM THE FLOOR Bob DesPain mentioned an email he sent to City Manager Bair regarding rules for speaking. He spoke of female Council members to be referred to as Councilwomen. Robert Thiel mentioned the Southwest Corridors TIF. He spoke of the Shop n Save store closing. Karen McReynolds inquired of the status of the Moto Mart project. She also inquired of a "FF Bonus Pay" expense and a $244.69 invoice payable to the Collinsville Library District. Mary Drumm inquired if staff is prohibited from participating in the Collinsville 2025 survey. She asked for Council's thoughts on increasing the size of the Council. She expressed her opinion regarding TIF funds being used to replace an awning. She mentioned needed road repairs. Phil Astrauskas spoke of water account deficiencies. He mentioned his tenant's water bill. He spoke of a lawsuit filed against him by the City. City of Collinsville Page 5 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 I. COMMENTS & ANNOUNCEMENTS - MAYOR Mayor Miller spoke of a lightning strike that hit and damaged various components within City Hall. He mentioned a Madison County Health Department mosquito trap detected West Nile virus. Additional larvicide will be distributed. J COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS Councilman Stehman commented that staff should be able to participate in the 2025 survey. He spoke of his participation on the Government Study Commission regarding the various forms of government. He mentioned issues that would need to be addressed before changes could be made and may require a referendum. Councilman Green commented on a conversation she had with a member of the Collinsville Rd. Shop n Save. The information she received was that the store is viable but is closing down because Rural King, the property owner, is wanting to expand into the space. Shop n Save employees were offered jobs at other store locations. Councilman Jerome thanked all for participating in the Italian Fest event. He mentioned Homecoming week. K. COMMENTS & ANNOUNCEMENTS - CITY STAFF City Manager Bair confirmed Councilman Green's comments about Shop n Save. He advised that Rural King owns the building and is wanting to expand. He indicated Moto Mart recently revised their site plan. He advised staff would address questions regarding bills and water account at the next meeting. He advised the City will increase mosquito spraying efforts. L. CONSENT AGENDA City Clerk Wasser read the Consent Agenda. 1. Motion to Approve Payment of Bills for the Period Ending September 15, 2017 in the Amount of $1,054,683.82 Attachments: Agenda Item Report Board List 07-01-17 Board List 08-01-17 Board List 09-08-17 Board List 09-15-17 2. Motion to Approve Payroll for the Periods Ending September 8, 2017 in the amount of $563,211.16 Attachments: Agenda Item Report Board List 09-08-17 City of Collinsville Page 6 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 3. Motion to Approve Minutes of the September 11, 2017 Meeting Attachments: Agenda Item Report 091117RegMtg.pdf 4. Resolution to Allow the Appropriation of Funding for the Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code (2018 MFT General Maintenance Program) Attachments: Agenda Item Report Resolution - BLR 14220-2018 BLR 14231-2018 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 Brombolich, seconded by Councilman Jerome, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 M. NEW BUSINESS 1. Ordinance Authorizing Expenditure of TIF Funds (California Styles) Attachments: Agenda Item Report Ordinance Application Bids Photo of current awning City Manager Bair indicated this is a request from California Styles to allow for a reimbursement of TIF funds for the replacement of an awning in the amount of $286 which represents 40% of the lowest bid. A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 7 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 2. Ordinance Amending the Collinsville Personnel Policies (Section 2.03 Nepotism) Attachments: Agenda Item Report Ordinance SECTION 2 03 Nepotism Revision.docx Overview by Stacey O'Brien, Human Resource Coordinator, who advised staff is seeking an amendment to the Personnel Policies with regards to Nepotism by expanding the definition of family to include aunts, uncles, and first cousins. Councilman Brombolich asked if this definition is normal. Ms. O'Brien advised some cities do include this language and others do not but this is just a normal update. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 3. Ordinance Authorizing the Purchase of a 2005 E-One Cyclone Custom Rescue Pumper From Brindlee Mountain Fire Apparatus, LLC (Fire Department) Attachments: Agenda Item Report Ordinance Sales Agreement Fire Chief Kevin Edmond advised Council that Brindlee Mountain did not want to extend the rental agreement for the fire truck as they have a buyer; however, they are offering it to us first. They are offering to sell the fire truck to us at $55,000. The amount received from the insurance company for the wrecked ladder truck will cover the purchase price and rental payments. This would allow for a reliable backup truck as prior to this, the Fire Dept. was relying on a 1995 truck. He further advised that this purchase will allow for a 2 year delay in the purchase of another fire truck. This will allow for a $168,000 adjustment in the 5 year plan that was previously addressed. City Manager Bair elaborated on the benefits of the purchase within the Capital Improvement Project funds and NFPA standards. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 City of Collinsville Page 8 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 Absent: 0 Abstain: 0 4. Ordinance Accepting an Illinois Workers' Compensation Commission Settlement Contract Lump Sum Petition and Order Attachments: Agenda Item Report Ordinance Work Comp Settlement Contract Finance Director Ammann indicated this ordinance allows for a settlement payment in the amount of $7,547.40 to Todd Gries. He was injured March 8, 2017 while lifting a meter lid. All of his medical expenses and temporary disability benefits have been paid. Councilman Jerome commented that the settlement amount is in line with what would be expected at trial. A motion was made by Councilman Green, seconded by Councilman Jerome to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 5. Ordinance Increasing the 2017 Expenditure Budgets in the Capital Projects Fund, Tax Increment Financing District 1 Fund, Northeast Business District Fund, Water and Waste Water Fund, and Animal Shelter Fund Attachments: Agenda Item Report Ordinance Overview by Director Ammann, who advised this ordinance would increase the expenditure budgets at follows: Capital Projects Fund $ 425,870 TIF District 1 Fund $ 593,900 NEBD Fund $1,058,800 Water and Waste Water $ 255,000 Animal Shelter Fund $ 50,000 This increase is due to the Capital Improvement Plan including the current year. The increase brings the 2017 budget in line with the CIP. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: City of Collinsville Page 9 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 6. Ordinance Authorizing Mayor to Sign Agreement with Sherbut-Carson-Claxton, LLC (Professional Services - Design of Sewer Main Extension, E. County Lane) Attachments: Agenda Item Report Ordinance Design Proposal East Country Lane Sanitary Sewer Extension Aerial Map Dennis Kress, Public Works Director, explained the ordinance will allow the Mayor to sign an agreement with Sherbut-Carson-Claxton in the amount not to exceed $35,500 for the design of a sewer main extension on E. Country Lane. The project was slated for 2019 but has been moved up due to issues at Circle K. Circle K's parent company is pledging $60,000 towards the total project cost ($200,000). All easements for the project have been secured. He further advised the extension will eventually provide sewers to 25 homes and 2 businesses and will allow for future expansion. Neighbors wishing to tap on will need to annex into the City. A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 7. Ordinance Authorizing Modification #4 to the Professional Services Agreement Between the City of Collinsville and Hurst-Rosche Engineers, Inc. for the Design of a Booster Pump Station for Existing Storage Tank Attachments: Agenda Item Report Ordinance Modification #4 Contract Director Kress advised this ordinance would allow for a $37,000 modification to the Hurst-Rosche contract for the design of a booster pump station for the existing storage tank at the Water Treatment Plant. He explained the purpose of the modification and EPA requirements. Councilman Jerome inquired of construction costs. Director Kress explained the design was taken out of the bid documents so the currently construction contract does not include costs for connecting the existing storage tank to the Water Treatment Plant. City of Collinsville Page 10 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 Councilman Stehman commented that the construction of the tank was discussed and approved by previous Council. Mayor Miller commented on the progression of the project. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 N. OLD BUSINESS 1. Ordinance Authorizing the Mayor to Execute a Redevelopment Agreement Between the City of Collinsville and Phillips Investments, LLC Attachments: Staff Memo Draft Redevelopment Agreement Pro Forma Approved Site Plan Project Narrative Villas of Holly Brook Presentation Villas of Holly Brook Economic and Supplement Information Staff Memo 08-14-2017 Staff Memo 09-11-2017 Ordinance Overview by City Manager Bair, who explained that this is a continuation from previous discussion. He explained that staff views this as a good project but questions incentives. He spoke of possible site development scenarios to include a restaurant or retail use. Such use (restaurant and/or retail) would be consistent with TIF as they generate sales tax. The applicant mentioned paying sales tax on purchases but the use is not a sales tax generator. Employment projection includes 65 employees but 36 would be part-time. Staff is not recommending incentives for this project. A motion was made by Councilman Stehman, seconded by Councilman Brombolich to approve. The motion failed by the following vote: Aye: 0 Nay: 5 - Green, Stehman, Jerome, Brombolich, and Miller Absent: 0 Abstain: 0 City of Collinsville Page 11 Printed on 11/6/2017 City Council Minutes - Final September 25, 2017 O. CLOSED SESSION Mayor Miller asked for a motion to proceed into closed session to discuss in accordance with 5 ILCS 120/2(c): 2. Collective bargaining A motion was made by Councilman Brombolich, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 P. ANNOUNCEMENTS City Clerk Wasser announced the Community Appearance Board Yard of the Year program will run during the month of October and encouraged everyone to visit the City's website to cast their vote. She also announced City Hall would be closed on Monday, October 9 for Columbus Day. Q. ADJOURNMENT A motion was made by Councilman Stehman, seconded by Councilman Jerome to adjourn at 8:07 pm. The motion carried by the following vote: Aye: 5 - Green, Stehman, Jerome, Brombolich, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 12 Printed on 11/6/2017 City Council Minutes - Final September 25, 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 13 Printed on 11/6/2017