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 Tuesday, May 29, 2018 7:00 PM Gateway Convention Center 1 Gateway Drive, Collinsville, IL 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 Jeff Stehman, Councilman David Jerome, Councilman Cheryl Brombolich, Councilman Donna Green, and Mayor John Miller Absent: 0 C. INVOCATION Delivered by Pastor Ron Habermehl of Alpha and Omega Church. D. PLEDGE OF ALLEGIANCE Recited. E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS 1. Recognition of Lt. Eric Schrage for Receiving the Illinois Firefighter Medal of Honor Award Mayor Miller and Fire Chief Kevin Edmond presented Lt. Schrage with a plaque in recognition of his efforts in receiving the Illinois Firefighter Medal of Honor Award. Mayor Miller spoke of the incident in which Lt. Schrage was recognized for. Chief Edmonds spoke of his (Schrage) years of dedicated service. City of Collinsville Page 1 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 2. Introduction of New Employee: David Allison, Gateway Operations Manager Mayor Miller introduced and welcomed David Allison, GAteway Operations Manager. F. BUSINESS PRIOR TO PUBLIC INPUT 1. Public Hearing on Annexation Agreement - 9 Langan Drive a. Motion to Open Public Hearing b. Staff Report c. Public Input d. Motion to Adjourn Public Hearing Motion to open the Public Hearing by Councilman Jerome, second by Councilman Green. Staff Report: Community Development Director David Bookless advised the application presented is for 9 Langan Drive. He advised an annexation agreement as well as an annexation has been drafted. He identified the location of the property as being south of E. Country Lane. Upon annexation, the property would be zoned R-1, Single Family Residential, and will tap onto the new sanitary sewer line that is underway. He indicated this is one of many annexations forthcoming in relationship to the new infrastructure in progress. He advised the Planning Commission recommended approval. Public Input: None Motion to adjourn the Public Hearing by Councilman Jerome, second by Councilman Stehman. 2. Ordinance Authorizing the Mayor to Execute an Annexation Agreement Between the City of Collinsville and Garner Kimbrell for Property Located at 9 Langan Dr. Attachments: Agenda Item Report Ordinance Petition for Annexation Staff Report for Planning Commission PCMinutes051018 - Draft A motion was made by Councilman Brombolich, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 2 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 3. Ordinance Annexing Real Estate Owned by Garner Kimbrell at 9 Langan Drive Attachments: Agenda Item Report Ordinance A motion was made by Councilman Stehman, seconded by Councilman Jerome to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 G. COUNCIL DISCUSSION H. SPEAKERS FROM THE FLOOR Kyle Anderson introduced himself as being with the Greater Gateway Association of Realtors. He thanked Council and staff for efforts. He spoke of the inspection ordinance with regards to for sale properties and asked Council to reconsider. He mentioned an economic impact on home sales. He spoke of private inspections being adequate. Roger Reeves identified himself as a resident and realtor. He spoke of the permitting system as having 2 components, rental and resale. He mentioned his objections to the system. He spoke of the rental portion having a vast amount of benefits from the program. He spoke of staggering implementation for both components. Ron Dedrick of Illinois Realtors Association spoke of the inspection guide and checklist. He inquired of different items on the checklist. He spoke of the 2012 codes and the 2015 codes with regards to the ISO rating. Susan Bailey, president of the Metro East Real Estate Investors Association, spoke of abandoned homes in Belleville. She mentioned issues with the Belleville program. She expressed concerns regarding the economic impact. She spoke of issues regarding the State of Illinois (residents moving out of state, property tax rates). She spoke of the inspection program. Phil Astrauskas spoke of the Crime Free Program. He mentioned a lawsuit filed against him. He mentioned issues regarding zoning. He spoke of the north side water tower and inquired of large drums being stored on the property. Phil Astrauskas Jr. spoke of a tenant that had no batteries in his smoke and carbon dioxide detectors. He spoke of the inspection process. He mentioned the amount of inspections to be done each day. He inquired of the process when an occupant's utilities are turned off. He indicated that inspections City of Collinsville Page 3 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 should be done on all homes. I. COMMENTS & ANNOUNCEMENTS - MAYOR Mayor Miller congratulated the 2018 CHS graduates. He mentioned the Horseradish Festival this coming weekend on Main Street. J COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS Councilman Stehman spoke of the implementation timeline of O'Fallon's program. He responded to a comment regarding trends in the State of Illinois and indicated he was not aware as to the relevancy of the City's proposed program. He addressed comments regarding items on the checklist. He spoke of the codes for adoption. He corrected a comment regarding 2,600 abandoned properties in Belleville. He advised he contacted the Community Development Department for Belleville, who indicated they have 1,300 vacant homes. Councilman Green thanked the public for their input. She spoke of Council's efforts to do what is best for the community. K. COMMENTS & ANNOUNCEMENTS - CITY STAFF City Manager Bair spoke of the population estimates. He advised that staff modeled population projection using building permits for single and multi family residential development projects (demolition and new construction). He mentioned a revised estimate that was necessary due to the Madison County Housing Project in 2016. He indicated that the majority of demolition were vacant but reflected 10% occupied as a conservative measure. He advised estimates based on construction data puts the estimated population between 25,669 and 25,810. He indicated the Home Rule status is only impacted when the decennial Census falls below 25,000. He mentioned the Villas of Holly Brook project that will be occupied before the 2020 Census. He advised he did not make a recommendation of a $100 million in TIF funds for Gateway Center expansion. He indicated it is estimated to be a $100 million project in which the private sector will need to partner as the largest portion of the project includes an adjoining hotel. He spoke of the increase in sales tax. He mentioned Collinsville having a low property tax rate and Council's committment in maintaining the low rate. He mentioned other avenues used to generate funds to facilitate needs. L. CONSENT AGENDA City Clerk Wasser read the Consent Agenda. 1. Motion to Approve Payment of Bills for the Period Ending May 21, 2018, in the Amount of $386,945.06 Attachments: Agenda Item Report BOARD LIST 05-11-18 BOARD LIST 05-18-18 BOARD LIST 05-21-18 Utility Rebates City of Collinsville Page 4 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 2. Motion to Approve Payroll for the Period Ending May 4, 2018, in the Amount of $642,885.57 Attachments: Agenda Item Report Board List 05-04-18.pdf 3. Motion to Approve Minutes of the May 14, 2018 Meeting Attachments: Agenda Item Report 05142018RegMtg.pdf 4. Resolution in Support of the City's Congestion Mitigation and Air Quality Improvement Grant Program (CMAQ) Funding Application (Sugar Loaf Road & Sugar Lane Roundabout) 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 Brombolich, seconded by Councilman Green, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 M. NEW BUSINESS Mayor Miller announced items listed as number 1. and number 4. will be switched. 4. Ordinance Amending Title 15 (Buildings and Construction) of the Collinsville Municipal Code Providing for the Adoption of the 2015 International Building Code, the 2015 International Fire Code, the 2012 NFPA 101 Life Safety Code, the 2015 International Mechanical Code, the 2015 International Property Maintenance Code, the 2015 International Residential Code, the 2015 International Existing Building Code, the 2015 International Fuel Gas Code, the 2015 International/Illinois Energy Conservation Code, the 2014 National Electrical Code, and the Illinois Plumbing Code Attachments: Agenda Item Report Ordinance Overview by Director Bookless, who advised this ordinance would amend Title 15 with the adoption of the family of ICC Codes, Life Safety Code, Plumbing Code, and Electric Code with limited City of Collinsville Page 5 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 amendments. He indicated different groups update the codes as an explanation for the staggered years. He spoke of the amendments to include language, review committee for appeals, and eliminating the sprinkler requirement for single and multi family homes. A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 2. Ordinance Establishing a First Time Home Buyers Program for the Purpose of Increasing Owner Occupancy Attachments: Agenda Item Report Ordinance City Manager Bair advised Council approved $25,000 to be included in the budget for this program. He explained it is an incentive program focused on increasing home ownership in the City for first time home buyers. He explained the program as being a forgivable grant provided the first time home buyer qualifies. In order to qualify the applicant shall be a first time home buyer, own and occupy the home for 5 years, and meet median area income guidelines. He explained the matching funds scale based on income level. A motion was made by Councilman Jerome, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 3. Ordinance Establishing A Single Family Housing Conversion Program for the Purpose of Increasing Owner Occupancy Attachments: Agenda Item Report Ordinance City Manager Bair explained this incentive program that focuses on increasing owner occupancy through the conversion of single family rental properties into owner occupied residential properties. Council approved funding level of $25,000. He further advised staff would recommend increasing funding should this and the first time home buyers program prove to be successful. He indicated funding is in the form of a forgivable grant. He explained the qualifications to include the buyer own and occupy the property for 5 years and home had to have been registered as a rental unit for at least 2 years prior. Program would allow for all building permit fees to be waived for the first 12 months as efforts to improvement property. City of Collinsville Page 6 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 1. Ordinance Amending Title 15 (Building and Construction) of the Collinsville Municipal Code Providing for Occupancy Permits and Inspections Attachments: Agenda Item Report Ordinance Draft Checklist and Guide Overview by City Manager Bair, who advised this would allow for an occupancy permitting program that will focus on all residential (rental and owner occupied) and commercial properties. The program is focused on improving the life safety issues. He advised this inspection is not to be substituted with the private inspection process. The checklist is based on the 2015 International Property Maintenance Code. Occupancy would only be held up if there are threats to life and safety. He mentioned previous discussions as to what the program is not and the deliberative efforts to ensure this program is effective and efficient for Collinsville. He reiterated the "As Is" provision does not define the state of the property but an agreement between both parties (buyer and seller) that the responsibility of the occupancy permit process is that of the buyer. The City is not holding up the real estate transaction. He advised inspections would be accommodated within a timely manner. Implementation period will be staggered but no specific dates have been identified yet. He mentioned the projected timeframe for rental, owner occupied and commercial properties. He advised that advance notice would be given. He spoke of not having utilities as being a violation. Councilman Stehman spoke of this ordinance being a historical event as he has wanted a program in place for Collinsville for many years. He mentioned his vision for the City and indicated this program at the top of his list. He spoke of the program as being a tool to make the community better. He mentioned those who have told him they want a program. He spoke of the Council's committment to making the community better. Councilman Brombolich agreed with Councilman Stehman. She spoke of their efforts to ensure they heard and answered public concerns. She spoke of Council's committment to work for the whole of the community. She mentioned hearing from those who support the program. She indicated the program as being a step in the right direction. Councilman Jerome spoke of his thought process when determining how to vote. He indicated he was not oppose to the program completely but rather certain parts. He mentioned the effort and long hours spent to develop the program. He spoke of the issues surrounding having a roundtable discussion. He spoke of speaking with other communities who have a similar program. He spoke of City of Collinsville Page 7 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 this as being a three part program (commercial, rental and owner occupied). He spoke of balancing a person's right to privacy and the City's interests in the health and safety of the community. He mentioned what the program is not about and indicated the City's primary goal as being about the health and safety of the property. He spoke of commercial entities not have an expectation of privacy since they are opening their business up to the public. He next spoke of rental units being similar as the property is an investment and the landlord does not have a real expectation of privacy. He spoke of tenants being at the mercy of the landlords with regards to safety issues. He spoke of the tenant having an expectation of privacy and that is why the program indicates inspections to occur only at the change of occupancy (prior to the tenant moving in). He quoted Pastor Seaton as this being a moral issue. He spoke of his concerns surrounding Ms. Bailey's comments regarding a landlord who advised he will demolish many of his properties as it will be too costly to bring the property up to code. He mentioned the issues of making this a volunteer program. He spoke of the expectation of privacy for a home owner. He indicated that approximately 90% of residential sales have a private inspection done. He mentioned exceptions that were considered and additional issues that arouse. He spoke of his opinion that the privacy of the home owner outweighs the City's inspection need. He mentioned that he would be voting no due to the owner occupied element. Councilman Green spoke of wanting the program to succeed. She mentioned the concern of implementation of the program and reiterated that the program would be implemented in phases. Councilman Brombolich reminded Councilman Jerome that the owner occupied inspections will be done at the change of occupancy just like the rental properties. She mentioned an accountability issue with private inspections as no follow up inspection is in place to verify if issues are remedied or not. The City inspection program would not only identify the issues but verify they are completed in a safe manner. Mayor Miller spoke of continuous efforts by staff and Council to develop a program. He spoke of this as being a starting point. He mentioned his appreciation for comments from all groups (realtors, landlords, and owner occupied). A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote: Aye: 4 - Stehman, Brombolich, Green, and Miller Nay: 1 - Jerome Absent: 0 Abstain: 0 5. Ordinance Authorizing the Acquisition of Utility Easements for the Vandalia Sewer Main Extension City of Collinsville Page 8 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 Attachments: Agenda Item Report Knights Bridge Easement Agreement Lakeside Easement Agreement Sebesta Easement Agreement Johnson Easement Agreement Kimbrell Easement Agreement Public Works Director Dennis Kress indicated the City's need to acquire five utility easements for the Vandalia sewer main extension project. He identified the easement agreements: Knights Bridge Villas Association - 21 Kingston Road. City agreed to realign a drainage ditch next to the residence. Lakeside Roof - 2205 Vandalia. City agreed to waive commercial sewer tap and inspection fee, valued at $3,125. Garner Kimbrell - 9 Langan Street. City agreed to waive residential sewer tap and inspection fee, valued at $2,625. Lorilee Sebesta - 108 E. Country Lane. City agreed to waive residential sewer tap and inspection fee, valued at $2,625. Donald Johnson - 19 Wagon Wheel Court. City agreed to waive residential sewer tap and inspection fee, valued at $2,625. He spoke of extending the sewer system to Wagon Wheel Court due to the need which will also allow for future annexations. Director Kress indicated the project was slated for 2019 but had to act sooner due to the failing sewer system at Circle K, who provided $60,000 towards construction. The alignment was reconfigured as the City was unable to obtain easements from some property owners but the new configuration ended up to be a much better project and will allow for additional sewer taps. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 6. Ordinance Authorizing Expenditure of Northeast Business District Funds (Orchard Shell, 1900 Vandalia) Attachments: Agenda Item Report Ordinance Bids Incentive Worksheet Rebranding Example City of Collinsville Page 9 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 Overview by Associate Planner Cristen Hardin, who advised this ordinance represents a Northeast Business District (NEBD) Incentive Application for Orchard Shell. She advised Orchard Shell is planning an improvement project that would modernize the business. The total cost of the improvements is estimated at $133,369 in which they are requesting a reimbursement in the amount of $53,347 (40% of lowest bids). She mentioned previous discussion of the fuel dispensers with a point of sale system, with the cost of the new system at $7,900. She displayed photos of the existing conditions. She further advised the improvements meet the objectives of the NEBD plan. Staff recommends approval in the reimbursement amount of $53,347.94 and in the form of a lump sum upon proof of completion. City Manager Bair indicated a draft ordinance is forthcoming regarding the NEBD incentive program. He advised it would be similar to the Uptown TIF District but geared towards the specific needs of the business district. Councilman Brombolich clarified that the recommended reimbursement amount includes the point of sale system to which City Manager Bair confirmed. A motion was made by Councilman Brombolich, seconded by Councilman Stehman to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 7. Ordinance Authorizing the Mayor to Waive a Commercial Sewer Tap Fee in the Amount of $3,125 for the Collinsville Township Senior Center (420 E. Main St.) Attachments: Agenda Item Report Ordinance Collinsville Townhip Request Letter Director Kress advised the City received a request to waive a commercial sewer tap and inspection fee, valued at $3,125, for plumbing improvements at the Collinsville Township Senior Center. He advised that improvements are necessary due to ongoing plumbing issues. Staff recommends approval. A motion was made by Councilman Jerome, seconded by Councilman Brombolich to approve. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 City of Collinsville Page 10 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 Absent: 0 Abstain: 0 N. OLD BUSINESS O. CLOSED SESSION P. ANNOUNCEMENTS Mayor Miller thanked the Gateway Center for hosting the Council meetings and he also thanked Mark Ahlvers for his efforts in setting up the meeting space. Q. ADJOURNMENT A motion was made by Councilman Stehman, seconded by Councilman Green to adjourn at 8:45 pm. The motion carried by the following vote: Aye: 5 - Stehman, Jerome, Brombolich, Green, and Miller Nay: 0 Absent: 0 Abstain: 0 City of Collinsville Page 11 Printed on 6/13/2018 City Council Minutes - Final May 29, 2018 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 12 Printed on 6/13/2018