City of Columbia City Council Met July 19.
Here is the minutes provided by the council:
A. Call Meeting to Order
Mayor Hill called the City Council of Columbia, Illinois to order at 7:02 PM.
B. Roll Call
Present: Aldermen Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury.
Absent: None.
Quorum present.
Administrative Staff present:
City Clerk Andrew Hitzemann
City Attorney Terry Bruckert
City Engineer Chris Smith
City Treasurer Linda Sharp
IT Manager James Mitchell Head
Librarian Annette Bland
City Administrator Douglas Brimm
Chief of Police Jason Donjon
Deputy Chief of Police Karla Heine
Dir. Of Community Dev. Scott Dunakey
EMS Chief Kim Lamprecht
C. Pledge of Allegiance
Those in attendance recited the pledge of Allegiance.
D. Proclamations/Recognitions/Presentations
There were no proclamations, recognitions, or presentations.
E. Public Input
There was no public input.
F. Comments & Announcements - Mayor
There were no Mayor Comments & Announcements
G. Comments & Announcements - Aldermen
There were no Aldermen Comments & Announcements.
H. Comments & Announcements - Department Directors
Dir. of Community Development Scott Dunakey provided an update on the grant for the second building at Eleven South. Due to the company being sold prior to completion of the process, he has been in contact with the Department of Commerce and Economic Opportunity to amend the grant.
Mr. Dunakey also confirmed that the administrative review hearing for the front yard variance with the Leppo case will be held at the August 2nd meeting.
I. Consent Agenda
City Clerk Hitzemann read the Consent Agenda.
1. Motion to Approve Minutes of the July 6, 2021 Regular City Council Meeting
2. Motion to Approve Closed Session Minutes of the July 6, 2021 Regular City Council Meeting
3. Motion to Approve Payment of Vouchers for the Period of June 26, 2021 through July 15, 2021 in the Amount of $436,641.45
4. Resolution No. 2021-14 Approving an Amendment to the Bylaws of the City of Columbia Park & Recreation Advisory Board
5. Motion to Approve a Special Event Permit Application for Historic Main Street Columbia Association's Taste of Columbia Event (August 7, 2021)
Mayor Hill inquired if the Council wished to remove any items prior to a motion. There were none.
Motion:
It was moved by Alderman Martens, and seconded by Alderman Holtkamp, to approve the Consent Agenda as read.
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: O Abstain:
Alderman Niemietz complemented the new format of the vouchers provided through the new software system Tyler Technologies and Mayor Hill agreed.
J. Unfinished Business
1. Motion to Approve a Professional Services Agreement with Economic Development Resources, LLC to Study an Area Adjoining South Main Street for Tax Increment Financing and Business District Eligibility
Motion: It was moved by Alderman Martens, and seconded by Alderman Niemietz, to pass and approve the Motion to Approve a Professional Services Agreement with Economic Development Resources, LLC to Study an Area Adjoining South Main Street for Tax Increment Financing and Business District Eligibility
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: 0 Absent: 0 Abstain:
2. Motion Providing Concurrence with Liquor Commissioner's Moratorium on the Issuance of A-1 and A-2 Liquor Licenses Until Such Time as the Liquor Code is Updated
City Administrator Douglas Brimm provided additional background that this was associated with limiting the number of gaming parlors in Columbia. After the last Council meeting, Columbia Market went live with video gaming the following day and there was also an additional applicant at a Main Street location. This moratorium will prohibit the licensing of additional gaming parlors in Columbia until the liquor code is updated and adopted by the City Council
Alderman Holtkamp inquired if there was a time table for the Liquor code update and Mr. Brimm confirmed they are anticipating discussion at the August 2nd meeting.
Mayor Hill explained that these moratoriums have been common in the State of Illinois due to the number of gaming establishments opening up in cities.
Motion: It was moved by Alderman Garmer, and seconded by Alderman Holtkamp, to pass and approve the Motion Providing Concurrence with Liquor Commissioner's Moratorium on the Issuance of A-1 and A-2 Liquor Licenses Until Such Time as the Liquor Code is Updated
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: 0 Abstain:
3. Discussion of the Ogle Estates Subdivision Preliminary Plat
Mr. Dunakey provided an update from previous discussions. Originally the developer applied for approval on November 13, 2020 and it was supposed to be discussed at the December 14, 2020 Plan Commission Meeting. Unfortunately City Hall was closed at that time due to COVID. It was decided to move forward and allow the applicant to work on and address any issues prior to presenting to Council. It was brought forward to Council on February 16, 2021 for discussion. Due to significant revisions since that time, it was reviewed by the Plan Commission on July 12th, 2021. The Plan Commission recommended approval pending a copy of the Executed Lake Maintenance agreement. Most of the lake remained on the property of the original owner and since this would be used for drainage of the subdivision, this was requested by the Commission to confirm it met applicable Codes. This has been received and everything is in compliance with subdivision code.
Due to concern with drainage in the area, a third party will review the improvement plans to confirm everything is appropriate. It is recommended to approve the plat and the applicant understands if it doesn't pass the third party review, they would have to go through another round of approval.
Alderman Niemietz wanted know why it is being approved prior to the third party review. Mr. Dunakey stated that the preliminary plat meets requirements and that due to revisions they wanted to confirm the infrastructure was designed adequately through the third party review. Alderman Niemietz stressed the importance on drainage and didn't want to approve anything which could have concerns. Mr. Dunakey confirmed the development would have to pass the improvement plan process before anything is built. He also confirmed the third party review is not a cost to the city but the applicant.
Alderman Roessler asked if the current plan is to have the drainage go into the lake and then go out the spillway pipe into the creek. He wanted to know that this wouldn't overflow the existing drainage and that it could handle the capacity. He also wanted to know if there was a retention or detention area for the water. Mr. Dunakey confirmed there is a detention area on the downstream side. Staff felt it was prudent to get a third party review which isn't uncommon.
Alderman Holtkamp questioned if the detention basin would get out of control, who would be required to solve the issue. Mr. Dunakey confirmed it is the Home Owners Association. Alderman Holtkamp asked if the Council could have any input. Mr. Dunakey confirmed that we receive a copy of the HOA agreement. There is also a disclaimer on the plat that it is the HOA's responsibility to maintain the drainage. If there are any issues, there is a way for the city to fix the issue after a notice is sent. In this instance, the homeowners would receive an invoice from the city.
Alderman Niemietz wanted to confirm that it was on this plat and wanted to ensure that the home owners would be aware they would incur a charge in this type of scenario. Mr. Dunakey stated that is why the restrictive covenants and indentures are checked.
Alderman Garmer questioned if the drainage solution has been the same throughout all the iterations. Mr. Dunakey confirmed that drainage has been the big change due to lot 1 requiring significant earth work. Alderman Garmer questioned what the turnaround time would be for the review. Mr. Dunakey stated we would have to wait for the improvement plans.
Alderman Niemietz questioned City Attorney Bruckert if the City would be responsible if the City would approve the plan and something would go wrong. Mr. Bruckert stated that the City wouldn't be responsible if something goes wrong. Gross Negligence would have to be proven. Alderman Niemietz stressed that citizens get upset when they see drainage issues and that the City should avoid this scenario. The Northeast area of the city has Karst, slopes and other obstacles and wanted to make sure everything functions the way it should.
4. Discussion of the Proposed Annexation and R-2 One-Family Dwelling District Zoning of a 137.91-acre Tract of Land in Unincorporated Monroe and St. Clair Counties for the Proposed Timber Rock Estates Subdivision
Mr. Dunakey outlined that Timber Rock LLC is planning on constructing an 86 lot subdivision zoned R-2 located at the former Fairfield Country Club on Columbia Quarry Road just south of Bluffside Road. It is currently in unincorporated territory of Monroe and St. Clair County. The annexation agreement was approved by City Council on October 19th, 2020 with an amendment on February 1, 2021. The petition for annexation was submitted on April 27, 2021 and there was a Public Hearing on July 12, 2021 with Plan Commission recommendation of approval. They found that it was consistent with the 20/20 Master Plan, sensitive to the environmental conditions, beneficial for City's utilities and transportation in unserved areas, and a reasonable means of furthering the developer's vision while minimizing negative impacts to surrounding properties. Due to the findings, the City is obligated to approve the annexation and R-2 zoning. There were two individuals who spoke at the public hearing. The first was the highway commissioner of the Sugarloaf Township who expressed concern regarding coordination of responsibilities. The second was the Weilbachers who own an adjacent property and are represented by Attorney Paul Evans. They expressed drainage concerns for the plat.
Alderman Niemietz asked for a restatement of the variances for the new Council members. Mr. Dunakey explained the City agreed to annex the property as R-2. The primary variance is an agreement to do enhanced masonry standards in return for having a larger accessory building size on the larger lots. These accessory buildings would be a limit of 1 and would also have required masonry. The other variance is adjusting the minimum floor areas to 1,400 sq. feet for these lots. Alderman Niemietz asked if there were any sidewalk requirements due to Quarry Road. Mr. Dunakey confirmed they were exempt from putting sidewalks next to Quarry Road since the developer agreed to provide a public access easement to the common ground which will have a walking trail.
Alderman Roessler provided additional detail on the original agreement that the developer would be responsible for running water through the property and they would have their own sanitation. If they are unable to get sanitation due to County restrictions, the City would provide this service. This scenario would require a pumping station to be installed by the City. Mr. Dunakey confirmed that the City would provide the water. The developer was planning on doing private septic, but health officials from both counties wouldn't approve. They will need to receive public sewage. Alderman Roessler requested clarification that they would need a pumping station. Mr. Dunakey stated that they will have to work with the City's time frame. Currently the sources of funding for the pumping station is still being researched and that the City wouldn't be required to put a pumping station in the area within a specific time frame.
Paul Evans - Annexation Discussion Attorney Paul Evans who represents the Weilbacher family wanted to stress it was important to know all possible challenges ahead of time for this annexation. He expressed two issues with the current plat. In the Southwest corner with lots 13, 14, 15, 16 and 17, there was cost sharing with government entities and his client 19 years ago. There were erosion issues and there was a drainage system installed with underground piping. Currently this is not working as intended. Pipes are joined together and there are breakages causing soil to be sucked in. Any increase in drainage would cause additional issues. Farther north with lots 9, 10, 11, and 12, there were issues that were never resolved and there is currently significant erosion. These are the two known issues and engineering will need to address. His clients are downhill and in Illinois they are bound to accept water in a natural state and not when it is increased or diverted. If the sinkholes are used for water retention, no one knows where this water will go.
5. Resolution No. 2021-15 Approving a Jurisdictional Transfer Agreement with Monroe County, and Authorizing and Directing the Mayor to Execute Said Agreement
City Engineer Chris Smith explained there was an agreement with Monroe County when applying for a Grant for DD Road and Sandbank Road. The agreement was that after the improvements were completed the City would accept maintenance and jurisdiction of this area. The improvements have been completed and the city needs to execute the joint agreement which is subject to IDOT for final approval.
Motion: It was moved by Alderman Niemietz, and seconded by Alderman Khoury, to pass and approve the Resolution No. 2021-15 Approving a Jurisdictional Transfer Agreement with Monroe County, and Authorizing and Directing the Mayor to Execute Said Agreement
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: 0 Absent: O Abstain:
K. New Business
1. Motion to Approve Appointments of Joseph Roach and Gary Craig as Full-Time Police Officers
Chief of Police Jason Donjon provided the qualifications of the two officers:
• Joseph Roach - Currently a Springfield Illinois officer with 2 years of experience.
Gary Craig - 14 years of experience with Cahokia police department and resides in Columbia.
Motion: It was moved by Alderman Huch, and seconded by Alderman Riddle, to pass and approve the Motion to Approve Appointments of Joseph Roach and Gary Craig as Full Time Police Officers
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: O Abstain:
2. Resolution No. 2021-16 Supporting the City of Columbia's Application to the Illinois Department of Natural Resources for an Open Spaces Lands Acquisition and Development Grant for Developing and Constructing Creekside Park Trail Project in the City of Columbia, Illinois
Mr. Smith explained that IDNR has opened up another round of funding which they want to apply for with Creekside Park Trail.
Alderman Garmer questioned if this was a reapplication of a prior grant. Mr. Smith confirmed it was, but this grant was only for a specific phase of the development and it would take 6-8 months to know the results.
Motion: It was moved by Alderman Niemietz, and seconded by Alderman Huch, to pass and approve Resolution No. 2021-16 Supporting the City of Columbia's Application to the Illinois Department of Natural Resources for an Open Spaces Lands Acquisition and Development Grant for Developing and Constructing Creekside Park Trail Project in the City of Columbia, Illinois
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: O Abstain:
L. Closed Session
Mayor Hill informed the Council that he would entertain a motion to go into Closed Session to discuss:
• 5 ILCS 120/2(c)(5) Purchase or Lease of Real Property for Use of the Public Body
• 5 ILCS 120/2(c)(11) Pending or Probable Litigation
Motion:
It was moved by Alderman Garmer, and seconded by Alderman Martens, to direct the Mayor to go into Closed Session at 7:55 PM to 5 ILCS 120/2(c)(5) Purchase or Lease of Real Property for Use of the Public Body, and 5 ILCS 120/2(c)(11) Pending or Probable Litigation
Motion Passed. Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: O Abstain:
Mayor Hill called the Regular Session of the City Council back to order at 8:44 PM. Upon return to Regular Session, Aldermen Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer, Khoury, and Mayor Hill were present.
M. Announcements
There were no announcements.
N. Adjournment
Motion: It was moved by Alderman Khoury, and seconded by Alderman Garmer, to adjourn the Regular City Council meeting held Monday, July 19, 2021 at 8:45 PM. Motion Passed.
Roll Call Vote results: 8 Aye: Niemietz, Roessler, Huch, Holtkamp, Martens, Riddle, Garmer and Khoury 0 Nay: O Absent: 0 Abstain:
https://docs.google.com/document/d/19kXdJGmHTeoKSHJ5P8iJzO1qwdVn4kdYXVREVqiKpvo/edit
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