Metro East Sun

City of Collinsville City Council met July 26.

Here are the minutes provided by the council:

A. CALL MEETING TO ORDER

Mayor Miller called the meeting to order at 6:30 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 Donna Green, Councilman David Jerome, Councilman Tony Hausmann, and Mayor John Miller

Absent: 0

C. INVOCATION

Delivered by Pastor Ron Habermehl of North Smoke Church.

D. PLEDGE OF ALLEGIANCE

Recited.

E. PROCLAMATIONS/RECOGNITION/PRESENTATIONS

1. Yard of the Month Award for July

Mayor Miller presented a plaque and gift certificate to Steve and Paula Rodeffer of 93 Timberwood Lane.

F. BUSINESS PRIOR TO PUBLIC INPUT

1. Ordinance Rezoning Real Estate Owned by Patricia Malter from "B-4" Commercial District to a "P-B-4" Planned Commercial District to Permit the Use as a Single-Family Residence Through a Special Use Permit (1004 Vandalia).

Associate Planner Caitlin Rice advised the property owner of 1004 Vandalia is requesting rezoning to permit the use of a single-family residence through a Special Use Permit. The property consists of a 1,200 sq ft single story structure which was previously occupied as a law firm office. The applicant intents to remodel the structure and utilize the entire space as a residence.

She displayed site photos and advised the monument sign for the former law office has already been removed. At the rear of the property is an off street asphalt parking area. She displayed existing Zoning and Future Land Use Map of the surrounding area. She explained land use for the area to be a mix of commercial and residential.

She spoke of the P-B-4 zoning designation which states a single-family residence shall be permitted through review and approval of a Special Use Permit. She outlined the zoning analysis used and indicated the rezoning and property use meets criteria. Planned district objectives were met and staff recommends approval.

A motion was made by Councilman Jerome, seconded by Councilman Green to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

G. COUNCIL DISCUSSION

1. Other Personal Care Services Discussion

Attachments: Agenda Item Report

Associate Planner Rice advised staff is seeking input and guidance on land use regulations regarding Personal Care Services. She described businesses that would qualify as Personal Care Services to include day spas and massage centers, hair removal salons, permanent makeup and microblading salons, tanning salons, body piercing services and tattoo parlors.

She explained these types of business are permitted and restricted to M-1 Industrial District with a Special Use Permit. She displayed a map of existing M-1 zoned property which is comprised of approximately 2% of the City's land area. Majority of the parcels are occupied as industrial uses or owned by the Railroads; thereby, hindering viable land.

She displayed a graph of surrounding municipalities who regulate and allow for such services with most referencing State Statute for licensure requirements. She highlighted court cases involving city regulations regarding tattoo establishments in which the courts have deemed the business of tattooing is protected under the First Amendment.

Ms. Rice spoke of the City's current licensing procedures for a tattoo parlor which primarily conducts an investigation on the applicant rather than the business. She compared it to the State Statute 410 ILCS 54 - Tattoo and Body Piecing Establishment Registration Act which focuses on the investigation and verification of the business operations.

Next, she spoke of massage therapy business which are classified as either medical massage therapy and may be conducted under a doctor or chiropractic care or general massage therapy (such as franchise establishments - Massage Luxe or Massage Envy). Medical massage therapy is permitted in various districts; however, general massage therapy is only permitted in M-1 Industrial Districts with the approval of a Special Use Permit. The State defines Massage Therapist as any person who is licensed by the Department and administers massage for compensation; and therefore, does not differentiate between medical or general.

She highlighted State Statute 225 ILCS 57 - Massage Licensing which conducts an investigation on the applicant background appropriately and sets educational standards. She compared State Statute to that of the City's application and permit process which is intrusive and could be construed as potentially illegal.

She spoke of issues surrounding the City's Land Use categories. She recommending consolidating categories based on types of services rather than specifying specific services.

Staff recommendations with regards to tattoo establishments includes:

- Revising minimal age without parental consent to 18 for a tattoo per Public Act 094-0684 - Repealing Section 5 - Business Licenses and Regulations and refer to 410 ILCS 65 - Tattoo and Body Piercing Establishment Registration Act

- Require a City Business License with a copy of Certificate of Registration from the Department of Health.

Staff recommendations with regards to massage establishments includes:

- Repealing massage section of Title 5 in City's Code of Ordinances

- Refer to State Statute 225 ILCS 57

- Require City Business License with copy of State License

- Clarify language with regards to Massage Parlors as they are not State licenses

Brief discussion was had by Council as they did not realize some of the outdated regulations regarding these types of businesses. Councilman Jerome spoke of the need to amend and follow suit with State regulations as they require a clear understanding of requirements, standards and licenses approval process. He was in agreement with consolidating Land Use categories without subtitle specifications.

Councilman Hausmann agreed with Councilman Jerome's comments. He mentioned Massage Luxe and Massage Envy as being great examples of personal care services the City of Collinsville would like to have. He too agreed with amending regulations and mirroring State Statute.

City Manager Bair advised the last time these regulations were reviewed and amended was in the 1980's. A time when these types of businesses were different and not as professional to the standards that they are now.

Councilmen Stehman and Green concurred with Councilmen Jerome and Hausmann's comments.

Mayor Miller mentioned a public speaker who brought these regulations to our attention. He too, agreed in amending the regulations accordingly.

H. SPEAKERS FROM THE FLOOR

Ron Deedrick, Local Government Affairs Director at Illinois Realtors, thanked Council and staff for reviewing and amending codes when necessary. He spoke of the proposed Resolution regarding the Home Rule referendum question. He inquired of the wording of the ballot question to be different than required by the Election Code and as previously mentioned at Council meeting.

Kevin Wrigley asked for clarification on Home Rule referendum. He inquired of Council's and staff's position on Home Rule. He mentioned City Manager Bair's Home Rule presentation during a meeting in January. He spoke of the ballot question wording. Lastly, he mentioned a Chamber meeting to be held next week to discuss Home Rule.

I. COMMENTS & ANNOUNCEMENTS - MAYOR

Mayor Miller spoke of the upcoming event - Smokin on Main, July 30 and 31.

J COMMENTS & ANNOUNCEMENTS - COUNCIL MEMBERS None.

K. COMMENTS & ANNOUNCEMENTS - CITY STAFF

Parks Director Kimberly Caughran announced upcoming events:

Free Family Movie Night, Sonic 2, August 12 at Woodland Park

Fishing Program, July 26-August 5, Woodland Park

Aqua Park operating hour changes:

July 22, 12-5pm

August 5, 12-4pm

August 15-19 - closed

August 22-26 - closed

August 29-Sept 2 - closed

September 3-5, 12-5

She advised the aqua park will only be open on the weekends starting August 15 as many of her staff will be returning to school.

L. CONSENT AGENDA

City Clerk Wasser read the Consent Agenda.

Councilman Jerome advised he will be voting on the minutes as he was able to watch the meeting via the City's website during his absence.

1. Motion to Approve Payment of Bills for the Period Ending July 15, 2022, in the Amount of $760,666.47

2. Motion to Approve Payroll for the Period Ending July 8, 2022, in the Amount of $884,473.43

3. Motion to Approve Minutes of the July 12, 2022 Council Meeting

4. Ordinance Declaring Personal Property Owned by the City of Collinsville as Surplus and Authorizing Trade-In of Personal Property (2011 Stryker Stretcher/Cot)

5. Resolution Requesting Permission from the Illinois Department of Transportation to Close Main Street for a Veterans' Day Parade

6. Resolution Requesting Permission from Illinois Department of Transportation to Close Main Street for Collinsville High School Homecoming Parade

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 Hausmann, seconded by Councilman Stehman, to approve the Consent Agenda. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

M. NEW BUSINESS

1. Ordinance Authorizing Professional Service Agreement with Oates Associates for Preliminary Engineering Services Regarding Horseshoe Lake Road and McDonough Lake Road Turn Lane and Intersection Design in the Amount of $162,764

City Engineer Troy Turner advised this ordinance would authorize a professional service agreement with Oates Associates in the amount of $162,764 for preliminary engineering services related to the Horseshoe Lake Road and McDonough Lake Road center turn lane and intersection design. He described the scope of the roadway improvements. Lastly, he advised no federal or MFT funds will be used for this improvement project. He gave a timeline of the project and indicated the project is slated to start July 2023.

A motion was made by Councilman Stehman, seconded by Councilman Green to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

2. Ordinance to Authorize a Change Order, in the Amount of $38,609.73, to the Contract with Rooter American Maintenance, DBA Rooters Asphalt, for the 2022 Mill & Overlay Program - Project #MO21-310, Bringing the Total Contract Value to $343,020.93

City Engineer Turner advised this ordinance would authorize a change order in the amount of $38,609.73 with Rooters Asphalt for the 2022 Mill and Overlay Project. The change order would authorize additional mill and overlay on Ramada Blvd. and Sandridge Dr. making the total cost of the project below budget at $343,020.93.

A motion was made by Councilman Jerome, seconded by Councilman Hausmann to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

3. Ordinance to Award Bid and Authorize Contract to RCS Construction, Inc. in the Amount of $216,100 for the 2022 Concrete Replacement Program - Project #MO21-310

City Engineer Turner advised this ordinance would award a bid and authorize a contract with RCS Construction in the amount of $216,100 for the 2022 Concrete Replacement Program. He explained the project was not in the 2022 CIP but necessary due to deterioration of concrete panels that occurred over the winter months. He advised the streets are in good shape but several panels are needing to be replaced in order to prevent further damage.

City Manager Bair reminded the Council that staff was caution when identifying projects for the Capital Improvement Plan due to COVID. He advised a street survey discussion is forthcoming.

A motion was made by Councilman Green, seconded by Councilman Stehman to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

4. Ordinance Authorizing the Purchase of Five (5) Philips Cardiac Monitor/Defibrillator Units Through SAVVIK Buying Group at a Total Cost Not to Exceed $155,282

Fire Chief John Bailot advised this ordinance would authorize the purchase of 5 Philips cardiac heart monitor/defibrillator units through SAVIKK (approved buying group) in an amount not to exceed $155,282. The department originally planned to purchase 1 replacement unit each year over the next 5 years at a cost of $40,000 each. With purchasing 5 units at one time through the buying group, the City will save approximately $50,000 overall. Plus, the manufacturer advised an increase is forthcoming on August 15, 2022 in the amount of $15,400 for the same 5 units making it worthwhile to purchase now. The city will trade-in 5 of the current cardiac monitor/defibrillation units.

Councilman Jerome spoke of the overall savings and the need to upgrade equipment for life saving measures.

A motion was made by Councilman Stehman, seconded by Councilman Hausmann to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

5. Ordinance Authorizing the Purchase of One (1) Fire Department Staff Vehicle With Appurtenances at a Total Cost Not to Exceed $60,000

Chief Bailot advised this ordinance would authorize the purchase of a 2022/2023 Ford Explorer with appurtenances at a cost not to exceed $60,000 through the joint purchasing program. He advised this project was not in the original 2022 CIP but rather planned to be in the 2023. He spoke of the need to advance the purchase now for cost saving measures and low vehicle inventory. This vehicle will replace the Shift-Commander's vehicle (2016 Ford). The 2016 Ford will be repurposed for the Deputy Chief Training/Safety personnel and replace the 2010 Chevy Impala. The vehicle purchase meets the City's guidelines in accordance with the vehicle replacement program. Funding for the purchase will come from the Capital Projects Fund.

A motion was made by Councilman Jerome, seconded by Councilman Green to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

6. Ordinance Providing for Closure Times of City-Owned Public Parks

Attachments:

Agenda Item Report Ordinance

Director Caughran advised this ordinance would establish hours for the City parks from 6am to 9pm as being open to the public. She explained that having consistent and set hours for all City parks provides for enforceable curfew. City sanctioned events will be permitted to proceed after 9pm.

A motion was made by Councilman Green, seconded by Councilman Hausmann to approve. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

7. Resolution Providing for and Requiring the Submission of a Binding Referendum Question to be placed on the Ballot at the November 2022 General Election Regarding the Home Rule Authority of the City of Collinsville, Illinois

City Manager Bair advised this resolution would allow for a referendum question to be placed on the General Election ballot to be held on November 8 related to the City continuing as Home Rule format government. He advised Counsel researched and spoke with other communities in the same situation to determine appropriate question wording to be in a positive manner in order to eliminate confusion with the intent of the question. He mentioned benefits with Home Rule authority. He advised the upcoming Chamber meeting is not affiliated with the City but rather an informational meeting.

Councilman Jerome spoke of the previously proposed question wording " Shall the City of Collinsville cease to remain a Home Rule unit?" as confusing. Posing the question as "Shall the City of Collinsville remain being a Home Rule unit?" is clear and easy to understand. He spoke of potential issues with the referendum question being challenged and time restraints in approving the resolution and meeting the deadline for submitting the referendum for ballot submission. Due to this being a time sensitive issue, he suggested going back to the original wording and amending the resolution as follows - "Shall the City of Collinsville cease to be a Home Rule unit?"

Councilman Stehman spoke of the question to be confusing and hard to understand. He spoke of meeting with residents and presenting them with factual information so they could make an educated vote.

Councilman Hausmann agreed that the wording of the question is confusing. He advised he was elected to represent all the residents of Collinsville and not special interest groups. He spoke of the need to educate the public of what Home Rule status is.

Councilman Green concurred with other Council member's comments. She mentioned special interest groups and non-residents potentially challenging the referendum thereby confusing residents.

Mayor Miller mentioned outside individuals attempting to challenge the referendum question wording before being filed. He advised the City has been Home Rule since 2005. He spoke of the error in the census making the referendum necessary. He spoke of the need to educate the public on what Home Rule is as the proposed question is confusing.

Corporate Counsel Giacoletto clarified the motion to amend the ballot language as "Shall the City of Collinsville cease to be a Home Rule unit?"

A motion was made by Councilman Hausmann, seconded by Councilman

Stehman to approve as amended. The motion carried by the following vote:

Aye: 5 - Stehman, Green, 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

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 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

P. ANNOUNCEMENTS

Q. ADJOURNMENT

A motion was made by Councilman Stehman, seconded by Councilman Green to adjourn at 7:55pm. The motion carried by the following vote:

Aye: 5 - Stehman, Green, Jerome, Hausmann, and Miller

Nay: 0

Absent: 0

Abstain: 0

https://collinsville.legistar1.com/collinsville/meetings/2022/7/1573_M_City_Council_22-07-26_Minutes.pdf