Carbondale Reporter

City of Marion City Council met Sept. 9.

Here is the minutes provided by the Council:

The City Clerk was instructed to call the roll and the response was as follows:

Physically Present: Commissioners Patton, Barwick, Webb And Stoecklin and Mayor Absher.

The Pledge of Allegiance was led by Harry Boyd.

Consent Agenda

Mayor Absher announced an error had been found on the August 26, 2019 minutes and would be corrected by the City Clerk. Having no discussion on any consent agenda items, Commissioner Barwick made a motion to approve the consent agenda. Commissioner Webb seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin And Mayor Absher All Voted Yea.

Old Business

Pavilion

Mayor Absher stated the Pavilion had budgeted $44,000 for carpet replacement. They received two bids. The low bid was from Distinctive Interiors for $60,704.50. This bid included the same quality and type of carpet recently installed at the Marion Cultural and Civic Center at a cost of $41,729.50 and installation by sub-contractor Godinez at a cost of $18,975. The carpet is covered by a 20-year warranty, Mayor Absher explained since the low bid was over the amount budgeted, Executive Director, Jared Garrison, determined there were some other items in his budget he could cut that would allow him room to pay for the carpet. By cutting these items, the carpet replacement would only be $2,444,50 over budget. Commissioner Patton asked if the bids included all materials, labor, removal and haul off necessary to install the carpet. Jared assured him those items were included in the bid. Mayor Absher made a motion to accept the low bid of $60,704.50 from Distinctive Interiors for carpet replacement at the Pavilion. Commissioner Barwick seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

Chamber Of Commerce

Mayor Absher read a proclamation honoring the Marion Chamber of Commerce for Chamber of Commerce Week.

City Engineer

City Engineer Brian Ziegler addressed the Council to discuss the elevated water tank project. He stated this has been an ongoing project for approximately one year. The City took bids on the project on August 14, 2019 and the bids came in high. Brain explained this is really two projects. One is for painting the existing water tank and the other is for installing a new water tank. Brian explained with the Illinois EPA, everything is verbal until the City has agreements in hand. Originally, the Illinois EPA was going to loan the City the money for these projects with 75 percent debt forgiveness. This has now changed to 60 percent debt forgiveness capped at $800,000 due to a change in the EPA's funding. He explained the funding levels change each July 1. Brian stated the painting of the existing tank is no problem at this funding level. His recommendation is to take the new water tank out of the project and re-bid the rest of the elements. This would include replacing under size water mains, looping water mains for a more reliable system and putting in a new pump station and new high service purnps with more capacity. He explained by breaking apart the project into different pieces, the City can potentially get debt forgiveness on each piece. The City has an option to purchase the property for the new tank. Brian recommends the City go ahead and exercise the option on the property for $38,038 for the future new tank using TIF funds. He stated TIF funds were used for design and purchasing right of way. The City budgeted $1 million in TIF funds for the project, but by breaking the project down into parts, the City would not have to use TIF funds. If the City receives an IEPA loan with debt forgiveness, the cost per water customer per month would be $.37. If the City receives the IEPA without debt forgiveness, the cost per water customer per month would $.95. Commissioner Stoecklin made a motion to exercise the purchase option on the elevated tank site off Broeking Road. Commissioner Patton seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin And Mayor Absher Voted Yea.

Sewer Department

Sewer Superintendent Brent Cain addressed the Council regarding the North Market Street Sewer Project. He explained this project involves running a new sewer line along North Market Street from De Young Street to White Street because the residents in this area are not served by a dedicated sewer line. All the lines run east and west through neighboring yards and the potential for problems is high with this situation. Brent explained that part of the project included running a new lateral to each property so that owners can hook on if they have problems in the future. The property owners could not all be hooked up to the new line due to the costs involved. The City took bids with the high bid being $714,000 and the low bid being $520,627. The total project cost is expected to be $618,267.81. The project is to be funded as follows:

DCEO Grant $100,000

Street Dept. for sidewalk replacement $ 80,000

TIF (26 percent of eligible costs) $140,400

Sewer Department Debt Service Fund $253,000

Expenses Previously Paid $ 45,000

Total $618,400

Commissioner Stoecklin made a motion to accept the low bid of $520,627 from Skuta Construction Commissioner Patton seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

Water Department

City Engineer Brian Ziegler addressed the Council regarding the Westminster water main project. Brian stated this project was budgeted at a cost of $284,121. The estimated cost of the project was $221,333 to be paid from TIF funds. The City received five bids. J.M. Jones Inc. was the low bid at $164,333. The project is set to start in October and should be complete in approximately 60 days. They City has already acquired easements on the north side of Westminster Drive from Fosse Road to Abby Lane. The work will occur on the right of way. Commissioner Stoecklin made a motion to accept the low bid of $164,333 from J.M. Jones Inc. Commissioner Barwick seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

Code Enforcement

The Council received three bids for demolition of 604 N. Washington Street (PIN 07-18-334 0019). Commissioners Patton, Webb and Stoecklin opened the bids. The bids received were as follows:

Neat Cut, Marion $2,900

McVicker Excavating, Herrin $2,800

Terra Pro Excavating, Creal Springs $3,500

Commissioner Barwick made a motion to award the demolition bid to McVicker Excavating of Herrin for $2,800. Commissioner Webb seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

A metal-based fence installed by Sam Olson at 1409 N. Logan Street has been installed without a permit and did not meet the City's zoning requirements. Mr. Olson requested a variance from the Zoning Board and his request was denied. Mr. Olson appeared before the Council to appeal his denied variance request. Mr. Olson read a statement to the Council and handed out pictures of his fence and of similar fences located at various residences in the City. Mayor Absher stated he doesn't find Mr. Olson's fence offensive. He also stated he doesn't feel he has the authority to overrule the Zoning Board. He thinks in this specific case; the City should stay Mr. Olson's violation until the Council has time to study acceptable construction methods for fences. Mayor Absher made a motion to stay Mr. Olson's violation for now until the Council can review the zoning ordinance specific to fencing material for metal-based fencing, Commissioner Patton seconded the motion,

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

Cemetery

Commissioner Webb explained to the Council the City advertised for bids to reseal all asphalt paved streets and parking areas in Rose Hill Cemetery. This is a budgeted item. The City only received one bid from Asphalt Maintenance for $14,995, Commissioner Webb stated this amount was under budget. Commissioner Webb made a motion to accept the bid from Asphalt Maintenance of $14,995 to reseal all asphalt paved streets and parking areas in Rose Hill Cemetery. Commissioner Stoecklin seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea.

Mayor’s Office

Mayor Absher recommended to the Council the City needs its own attorney. He said this recommendation is in no way speaking against the services provided by the Lawler Brown Law Firm. He stated he has spoken with City Attorney David Lawler at length regarding this issue. He would also recommend retaining the Lawler Brown Law Firm as outside counsel. He thinks it would be more cost effective to have an in-house attorney. He introduced candidate Wendy Cunningham. Wendy currently works for the Williamson County State's Attorney's Office as an Assistant State's Attorney. She advises the County Board and elected officials. Mayor Absher thinks this should save the taxpayers money in the long run, Commissioner Webb made a motion to hire internal counsel candidate Wendy Cunningham at a salary of $82,500 per year plus benefits. Commissioner Stoecklin seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Absher All Voted Yea,

Commissioner’s Reports

Commissioner Patton had no report but announced the Treasurer's Office is looking for an employee and is accepting applications through September 13, 2019.

Commissioner Barwick read the August 2019 Police and Fire Department Reports.

Commissioner Stoecklin reported the Water Plant replaced 29 meters in August and installed 820 feet of water line near the new roundabout at the intersection of Morgan Avenue and North Carbon Street. The Water Department also repaired two water line breaks near Burger King. Commissioner Stoecklin shared with the Council the City consumes approximately 1,9 million gallons of water per day.

Commissioner Webb reported the Street Department has been making repairs in the Hunters Run and Summerfield subdivisions and has been working on drainage in the Sunset Terrace area. They have also been making sidewalk repairs. He stated they are at 90% completion on resolving complaints received through the City app.

Miscellaneous

There were no miscellaneous items to discuss.

Cannabis Regulation

Attorney Ron Osman addressed the Council asking for some clarification to Ordinance 3565 Prohibiting Cannabis Business Establishments. He thinks the ordinance may be vaguely written as there is no definition of cannabis stated in the ordinance. Chief of Staff Cody Moake explained he had called the Illinois Municipal League and received a model ordinance from them based on the Illinois Cannabis Regulation and Tax Act, Public Act 101 0027.

Several members of the audience addressed the Council regarding the Cannabis issue.

A young man named Jeremy addressed the Council sharing his past struggles with substance abuse. He stated the community needs to get a grip on addiction. He asked the Council to please prohibit the sale of cannabis in the City.

Jenna, a single mother of three, shared her struggles with past addiction with the Council. She explained she does not think cannabis is a gateway drug and it helps her to get through her day. She asked the council to not prohibit the sale of cannabis in the City.

Marion business owner Dan Fox encouraged the Council to think about allowing the sale of cannabis in the City to help fund good things such as school police officers. He thinks citizens will go to other communities to purchase cannabis and the City will lose out on revenue. He asked the Council to consider allowing the sale of cannabis instead of raising taxes and to set aside money to fund placing police officers in schools, help children and help people with addictions. He asked the Council to think outside the box. He stated the Council was elected to run the City in the best way, not in their way.

Dennis Ball addressed the Council recalling an evening when he saw kids in cars near the old theater building in town exchanging items through their car windows. He asked the Council to not allow the sale of cannabis in the City.

Several other citizens in attendance expressed their concerns over allowing the sale of cannabis in the City.

Commissioner Stoecklin, a pharmacist by profession, thanked everyone for their comments. He explained to the Council and audience he has researched municipalities the same size as Marion in states where the sale of cannabis is legal. He spoke with the Mayor or City Administrator is each of these municipalities for 30 to 45 minutes, asking them questions about their experiences. Five of the seven communities he spoke with authorized the sale of cannabis right out of the gate even though they weren't thrilled about it. Two of the seven prohibited the sale of cannabis right away. One of those two nmunities, a very conservative town in the upper peninsula of Michigan, has since reversed their decision to allow the sale of cannabis. Most of the communities he spoke with said they had not seen an increase in police issues. They had seen an increase in DUI's but could not directly attribute that to the sale of cannabis. Commissioner Stoecklin stated he would prefer to regulate the sale of cannabis to the extent we can rather than just prohibiting the sale of it.

Commissioner Barwick stated he has information from “Lessons Learned from Marijuana Legalization in Four U.S. States and D.C." and he also worked many years for the Illinois State Police where he worked closely with the drug task force. He believes cannabis is a gateway drug and cannot support the sale of it in Marion.

Commissioner Patton stated he struggles with doing what is right He believes we have to look at the bigger picture. While he doesn't like the idea of cannabis being in the City, he knows it's here and it is not going away. He is angry with the State of Illinois for placing this burden on the municipalities. He said he will have to give consideration to both sides of the issue. He is prepared to vote tonight if the Council decides to do that. He stated this is a tough moral decision based on the way he was raised and on his responsibilities as a parent and grandparent.

Commissioner Webb stated he can't vote to sell cannabis in Marion. He believes the City should not allow it. He believes sometimes you can't follow the crowd, you need to run the other way.

Mayor Absher stated he cannot support encouraging cannabis. He thinks it is a drug with a slippery slope. He won't demonize people for using it, but he aske demonize the Council for their decision. He suggested the Council change item six in Ordinance 3565 to item seven and insert a paragraph making it item six stating, "any term not defined in this Ordinance shall be controlled by the definitions of the terms in Public Act 101-0027.“

Their being no further discussion, Mayor Absher called for the vote. Before the vote, Mayor Absher reminded the Commissioners a yea vote would be a vote to prohibit the sale of cannabis in Marion. Commissioner Barwick made a motion to approve Ordinance 3565 prohibiting the operation of any cannabis related business establishment with in the City of Marion. Commissioner Webb seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick and Webb and Mayor Absher All Voted Yea. Commissioner Stoecklin Voted No.

Mayor’s Office

Mayor Absher stated the next item would be a discussion item only. There would be no vote on his 2020 Vision. He stated the City currently levies property tax for Police and Fire Pensions and $140,000 for the Hub. He explained the City could levy property taxes for cemetery maintenance, mosquito abatement and the library, but does not. Those items are currently paid from sales tax. His goal is to lower taxes for average citizens in Marion. He explained that 85 percen of the City's budget is for personnel and benefits. He asked those asking for budget cuts which employees they would like to fire. He explained that the City has to put money back for economic incentives for when the TIFs expire and then the City will have to find new incentives. He explained new TIF's cannot be created in areas where old TIFs existed. He reminded the audience that pension funding is mandated by the State of Illinois. He also reminded the audience that 60 percent of sales taxes paid in Marion are not paid by citizens of the 62959 zip code. Mayor Absher stated he stands behind his proposal.

Marion citizen Dennis Ball stated he had put his thoughts in writing and presented them to the Council.

Egyptian Board of Realtors Representative Ron Dettrick asked how long the sales tax increase would take and when the discussion on Code Enforcement reform would begin.

Marion business owner Dan Fox asked if the City had asked for RFP's from local fitness businesses to see if they would be interested in managing the Hub, He thinks the City should get out of the fitness business.

Marion Attorney Ron Osman commented that the City Council should not be asked to pick winning businesses vs. losing businesses. He commented the plan would be better for him personally since he owns larges tracts of land. He asked if the City would uncouple the sales tax increase and property tax decrease if the economy would change.

Marion Realtor and landlord Amy Graves expressed her support for the proposal.

Commissioner Barwick made a motion to adjourn the meeting. Commissioner Webb seconded the motion.

On Roll Call Vote Commissioners Patton, Barwick, Webb and Stoecklin and Mayor Abşher All Voted Yea.

Meeting Adjourned at 9:30 p.m.

https://cityofmarionil.gov/wp-content/uploads/2019/10/Council-Minutes-0909201920190924.pdf