City of Collinsville City Council met Jan. 25.
Here are the minutes provided by the council:
A. CALL MEETING TO ORDER
Mayor Miller called the meeting to order at 6:30pm.
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 Tony Hausmann, and Mayor John Miller
Absent: 0
C. INVOCATION
Delivered by Pastor Jerry Casey of Providence Church.
D. PLEDGE OF ALLEGIANCE
Recited.
E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS
1. Proclamation - School Choice Week, January 23-29
Pontoon Beach Mayor Mike Pagano spoke of the fatal shooting incident of Pontoon Beach Officer Tyler Timmons. He thanked the City of Collinsville for allowing Officer Timmons' funeral services to be held at the Gateway Convention Center in order to accommodate the large gathering.
Mayor read the Proclamation.
F. BUSINESS PRIOR TO PUBLIC INPUT
1. Ordinance Amending Title 17 (Zoning) Section 17.058.050 of the Collinsville Municipal Code as it Relates to Separation Requirements for Cannabis Dispensaries
Community Development Director Travis Taylor advised MRE Portfolio One LLC requested an amendment to the City's 1500 foot separation requirement between cannabis dispensaries. The amendment would only apply to social equity applicant as defined and awarded by the State which is in disproportionately impacted areas or have a cannabis related conviction.
He gave the background on Ordinance 19-86 regarding adult-use cannabis and the City's regulations. In July 2021, the State separated requirements to exclude qualified Social Equity applicants. MRE is seeking a text amendment of the City's code to mirror that of the State's requirements. Next, he displayed an aerial view and explained the City's regulations regarding the separation of dispensaries. He advised the City is divided up into 4 zones in which 1 dispensary is permitted per zone plus 1500 feet separation between dispensaries.
Director Taylor spoke of aspects the Planning Commission had to consider regarding the application: Change consistent with the intent and purpose of the regulation.
Area most likely to be affected by the change.
Whether proposed amendment is necessary because of change in conditions and zoning.
A hearing was held before the Planning Commission on January 13 with testimony from the applicant and a public member who was opposed. The Planning Commission determined the 4 zone districts was not enough to separate the dispensaries; therefore, making the 1500 feet separation necessary to achieve the original intent of the cannabis Ordinance. The Planning Commission voted the proposed amendment down and recommended the Council to deny.
Councilman Stehman spoke of the IML seminar regarding state law on cannabis. He confirmed that the City can be more restrictive than State regulations. Director Taylor advised Home Rule status permits the City to be more strict.
Councilman Jerome spoke of the intent of the stipulation to keep from having multiple dispensaries adjacent to each other or in close proximity. He spoke of problems exempting or modifying regulation.
City Manager Bair advised Ascend opened in January of 2020 for adult-use.
Councilman Stehman suggested reviewing the code and requirements. Mayor Miller mentioned increasing the 1500 feet boundary or dividing the City into less zones.
Councilman Jerome asked for a clarification of the vote - no would deny the exemption and yes would allow.
A motion was made by Councilman Green, seconded by Councilman Stehman to deny. The motion failed by the following vote:
Aye: 0
Nay: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Absent: 0
Abstain: 0
2. Ordinance Repealing and Replacing Planned District Ordinance 3602, P-CP-1, Planned Commercial Park District (Collinsville Crossing)
Director Taylor advised the applicant, MRE, is requesting an amendment to the Planned District ordinance for Collinsville Crossing to allow for the uses permitted in CP-1. The amendment would specifically allow a cannabis dispensary in the Collinsville Crossing area via a special use permit. MRE is seeking approval for the Golden Corral property. He displayed an aerial map of the property and zoning of the surrounding properties.
He advised the Planning Commission considered the following with regards to the proposed amendment:
Fits character of neighborhood.
Promotes Health, Safety, Quality of Life, and general Welfare.
Consistent with Comprehensive Plan and Regulations of the City.
Suitability of uses to which property has been restricted under existing zoning.
No disproportionate lose to landowners.
A hearing was held before the Planning Commission with testimony being presented from the applicant and an opposed public member. Findings from the hearing indicated the proposed land use was not appropriate and the commission voted it down with recommendation to the Council to do the same.
Councilman Jerome agreed with the Planning Commissions' findings in that a dispensary is not conducive in the Collinsville Crossing area.
City of Collinsville Page 3 Printed on 2/10/2022
City Council Minutes - Final January 25, 2022
A motion was made by Councilman Hausmann, seconded by Councilman Jerome to deny. The motion failed by the following vote:
Aye: 0
Nay: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Absent: 0
Abstain: 0
3. Ordinance Amending Title 17 (Zoning) Section 17.060.050 of the Collinsville Municipal Code as it Relates to Wire, Monitored Alarm Systems
Director Taylor advised Amarock is requesting an amendment to allow for a wired monitored alarm systems. Proposed amendment would allow such fencing by right in M-1 zoning. Plus, the City's current regulations prohibits wire. Their previous request was denied for electrified fencing. He advised the monitoring wires are not easily visible as they would be installed behind permitting fencing. He displayed sample photos of proposed system and indicated a breach of the alarm would alert the property owner. He advised a hearing was held before the Planning Commission in which they recommended approval.
Discussion had regarding chain fencing materials. They also discussed the logistics of the wired system. Mayor Miller inquired if the alarm was audible. City Manager Bair advised the system should not be audible and would be addressed with Noise Ordinance.
Councilman Stehman spoke of the issue of amending the text which would permit such fencing and alarm monitoring throughout the City and not on a case by case basis. Director Taylor mentioned amending the proposal to remove by right allowance in M-1 zoning; therefore, making all applicants go before Planning Commission. Councilman Stehman recommending allowing staff review and approval process to which Councilman Jerome agreed and City Manager Bair confirmed responsibility. Consensus of Council was to table the amendment for staff to review and make recommendations regarding the approval process.
A motion was made by Councilman Stehman, seconded by Councilman Jerome to table. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
4. Ordinance Rezoning Real Estate Owned by Bruce E. Mattea from "B-2" Limited Commercial District to "UCD" Uptown Collinsville District (508 W. Main St.)
Associate Planner Caitlyn Rice advised an application by Birtwistle Chiropractic was submitted to rezone the property to UCD to allow for a chiropractic office. Rezoning is required due to change in use.
She displayed pictures of the property and zoning of the surrounding properties. Rezoning and use was consistent with Planning Commissions analysis. Planning Commission and staff recommends approval.
A motion was made by Councilman Jerome, seconded by Councilman Hausmann to approve. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
5. Ordinance Rezoning Certain Real Estate Owned by Karibian Family Revocable Trust from "B-2" Limited Commercial District to "UCD" Uptown Collinsville District (112 West Main Street)
Associate Planner Rice advised the applicant, Osewpersonal, is seeking to expand their fabric store business into the vacant neighboring storefront. Rezoning is required due to change of use at property. Pictures of property and zoning map displayed. Rezoning and land use was consistent with Planning Commissions consideration, who recommended approval.
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, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
G. COUNCIL DISCUSSION
1. Home Rule: Overview and Benefits
Attachments: Memo
City Manager Bair gave an overview of what Home Rule status means and how the City benefits from it.
He advised Home Rule grants local government the authority to act autonomously and independently. Home Rule was added to the Illinois Constitution in 1970. Currently, there are 218 municipalities in Illinois with Home Rule status. It provides for independence from Springfield and the freedom to address local issues. He explained how a city secures Home Rule status with population of over 25,000 or via referendum. Collinsville achieve Home Rule status in 2005 based on its population.
He spoke of the issues surrounding the 2020 Census. Based on the census, the State of Illinois lost 18,000 citizens with Collinsville reportedly losing over 1500 of those citizens (24,366 population). The counts reflect a 9.1% lose of citizens. He indicated how this decrease in population would be evident with an abundance of vacant properties; however, that is not the case and the school district is reporting higher attendance records than years past.
He elaborated of the purpose of Home Rule which allows for city government to exercise legal power and perform functions to resolve local situations. An amendment to the State Statutes in 2019 requires a referendum to go before the residents to maintain status. He spoke of the language stipulating the wording of the referendum as being confusing but cannot be changed due to State restriction.
City Manager Bair spoke of the impact on Collinsville should we lose Home Rule status which includes the authority to impose the additional 1.25% sales tax. This tax is paid by everyone (visitors, tourist, and shoppers from surrounding communities). The City would also need to consider budget cuts, interruption in services, and manpower levels if we would lose such funding. The City would lose their independence from Springfield politics as well as the opportunity to have bipartisan elections for local government. Home Rule status has allowed the City to keep property taxes at a lower rate than some of the surrounding communities (2nd lowest in the region). He outlined the amount of money received through property taxes in 2021 and how monies are allocated:
$3,583,953 total amount of property taxes paid to the City
$3,373,623 earmarked to pay Fire and Police Pensions
$ 210,330 General Fund
The Home Rule sales tax (1.25%) is projected to bring in $5,513,461 to the City in 2022 with much of the funds coming from visitors and tourism to the City. He outlined what the City has been able to do with the Home Rule sales tax revenues.
He advised staff suspects an erroneous census count and why. He indicated the US Census Bureau applied an algorithm based on assumptions regarding the State of Illinois and population trends. The count is not consistent with data collected by staff based on residential building permits and housing units in the city.
Building Permit Data 2010-2019 (2010 Census - 25,579 population)
Additional Single Family Units - 72 Household average - 2.35 people per unit
Additional Multifamily Units - 70 Household average - 2.20 people per unit
Total addition housing units 142 Total additional people 323
Based on the Building Permit Data, the estimated City of Collinsville population should be 25,902. He named other factors that cause erroneous census count includes Unit 10 School District having an all time high enrollment record as well as the lack of evidence of an abundance of vacant residential properties to support their (Census Bureau) claim in population decline.
City Manager Bair advised an inaccurate census count would impact the City's Home Rule status, cause for a reduction in per capita funding avenues (Motor Fuel Tax, Community Block Grants, etc.), and adverse financial implication. He spoke of the need for a Home Rule Referendum and a Census count challenge. He outlined the next steps to be taken which includes staff compiling and providing more information on Home Rule, necessary steps to ensure statutory requirements are met for a referendum on the ballot, and preparation by staff to submit a census count challenge.
H. SPEAKERS FROM THE FLOOR
None.
I. COMMENTS & ANNOUNCEMENTS - MAYOR
None.
J COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS None.
K. COMMENTS & ANNOUNCEMENTS - CITY STAFF
None.
L. CONSENT AGENDA
City Clerk Wasser read the Consent Agenda.
1. Motion to Approve Payment of Bills for the Period Ending January 14, 2022, in the Amount of $772,824.17
2. Motion to Approve Payroll for the Period Ending January 7, 2022, in the Amount of $794,662.76
Attachments:
Agenda Item Report BRD LST 01-14-22
3. Motion to Approve Minutes of the January 11, 2022 Council Meeting
4. Ordinance Appointing Amanda Guntrum as Interim City Treasurer for the City of Collinsville, Illinois
Attachments: Ordinance
5. Resolution Reappointing Members to the Parks and Recreation Advisory Commission (Bronnbauer and Seaton)
6. Resolution Reappointing Members to the Collinsville Historic Preservation Commission (Lavadna Hines and Lois Metzger)
7. Resolution Reappointing a Member of the Building Code Review Committee (Christopher Huckins)
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 Hausmann, to approve the Consent Agenda. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
M. NEW BUSINESS
1. Ordinance Amending Title 13 (Public Services) of the Collinsville Municipal Code Regarding Septic Tank Truck Operators (Chapter 13.21) and Grease Traps (Section 13.22)
Public Works Director Dennis Kress advised this ordinance would amend two sections of the Title 13 of the City's Code.
The first amendment establishes requirements and standards for septic tank truck operators when off loading waste. He outlined the process to include an application and permit requirement, as well as fees and manifest requirements. This ordinance codifies procedures that have already been in place and practiced for some time.
The second amendment regarding grease traps replaces a previous section of the code, Chapter 13.16.350. This amendment establishes requirement for grease interceptors for food establishments based on the service and equipment. He advised past practice was a 1500 gallon grease trap requirement. This amendment would allow relief to smaller establishments or those with only warming food systems. The amendment also outlines maintenance, clean out and inspection of the interceptors. 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, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
2. Ordinance Approving Invoices for Premiums Related to the Payment for and Agreements Between the City of Collinsville and Its Liability/Worker's Compensation (Excess) Insurance Carriers
H.R. Director Payton Drury advised this ordinance would approve excess insurance premiums as there was a 20% increase for 2021-2022. She advised the City previously approved Daniel and Henry for insurance broker services. They have been very attentive to the City's needs and are hopeful for a positive renewal in 2022-2023.
A motion was made by Councilman Hausmann, seconded by Councilman Stehman to approve. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
3. Ordinance Authorizing the Waiver of Fees Related to the Construction of a Single Family Residence (Unit 10 Vocational Program - 500 Howard St.)
Director Taylor advised this ordinance would waive construction permit fees associated with the construction of a new single family residence at 500 Howard by the Collinsville Area Vocational Center. He advised this property, formerly known as 515 S. Clinton, was given to the City as a derelict property. He displayed an aerial view of the location, photos of the site and building plans of the proposed structure.
A motion was made by Councilman Hausmann, seconded by Councilman Stehman to approve. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
N. OLD BUSINESS
O. CLOSED SESSION
Mayor Miller asked for a motion to proceed into closed session pursuant to 5 ILCS 120/2(c): 1. Appointment, employment, compensation, discipline or performance of employees
3. The selection or performance of a person in a public office
11. Pending or Threatened or Imminent Litigation
21. Discussion of Closed Meeting Minutes
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, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
P. ANNOUNCEMENTS
A motion was made by Councilman Stehman, seconded by Councilman Green to adjourn at 8:20pm. The motion carried by the following vote:
Aye: 5 - Green, Stehman, Jerome, Hausmann, and Miller
Nay: 0
Absent: 0
Abstain: 0
Q. ADJOURNMENT
https://collinsville.legistar1.com/collinsville/meetings/2022/1/1525_M_City_Council_22-01-25_Minutes.pdf
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