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December 21 City Council Meeting Summary

Democracy on the Front Lines
City Administrator’s Blog
Walter Denton

December 24, 2009
Here is a summary of Monday’s City Council meeting agenda items. The items are listed in the order as they appeared in the agenda. Click here to see the full texts of the resolutions, ordinances, and staff reports. As a reminder, resolutions, motions, and special event permits only need to be approved once to become official. Ordinances are required to be approved in two readings (over two meetings) before they become official.

Here are the items that were approved by the City Council:

City Council Appointment: Larry Sewell was appointed as the chairman of the Planning Commission.

Resolution to remodel the City Hall Annex (200 South Lincoln): When FirstBank moved out of their building on South Lincoln in 2006, the City purchased the building. It has been vacant since (except for storage), but will now be renovated for Fire Department offices and a community meeting room. The Fire Department has been in the old City Hall building, but deteriorating conditions and mold have made it unsuitable for full-time office use. Improvements will include Fire Department administrative offices, conference room, and ADA-accessible restrooms. Total is $119,107 with the following contractors: Kruep Construction, Maxson Plumbing, Mac Electric, Flooring Fashions, Hursey Telecom, and Schneider Painting. The work will paid 50% by the Fire Department, 20% by the Water Fund, 20% by the Facilities Fund, and 10% by the Sewer Fund.

Resolution to establish Tax Increment Financing “Interested Parties Registries:” Part of the Tax Increment Financing process is to establish a notice to interested parties who may want to comment on proposed Tax Increment Financing projects. This resolution involves passing a resolution authorizing the IPR, establishing rules for the registry, publishing a notice in a local newspaper, establishing the registry and notifying all interested parties of actions concerning the TIF. When the IPR is complete we will hold one more public hearing before we take a final vote on the Regency Park TIF. We estimate this will delay the vote approximately 45 days during which we will attempt to open a dialogue with Central School District. We will use the IPR on the Rasp Farm addition to our only current TIF when the redevelopment plan for that TIF is complete. This action is in addition to the required hearings and meeting that have been completed on the TIF to date.

Resolution to approve Letter of Understanding with First National Bank: The reconstruction of Old Collinsville Road requires acquisition of right-of-way located at the southeast corner of the intersection of Milburn School Road and Old Collinsville Road, which is owned by First National Bank of St. Louis. As part of the negotiations for the project, this resolution grants the bank permission to have two entrances/exits from the parcel they own, a minimum of 250-feet from the intersection of Milburn School Road and Old Collinsville Road, one on each road.

Resolution to approve the annexation agreement along Regency Park Drive (First Reading): The annexation area includes 36.14 acres of unincorporated land surrounded by the City of O’Fallon located west of Green Mount Road and north of Regency Park Drive. The next steps proposed to be taken after the annexation include rezoning the newly annexed land and associated development as a planned use, approving a preliminary plat, and approving a Tax Increment Financing (TIF) District for a 68-acre proposed development known as Regency Park Corporate Campus. The applicant proposes approximately 613,720 sq. ft of Class “A” office space and 24,700 sq. ft of retail/restaurant space, for a total of approximately 638,420 sq. ft of buildings within the development.

Ordinance approving truck rental at Emily’s Resale and Consignment (First Reading): The applicant of the property wants to add a Budget Truck Rental to their business at 506 West State Street, which will require outdoor storage of the rental trucks on the property.

Ordinance approving the St. Nicholas Church expansion (First Reading): The church plans to construct two new buildings (a spirituality center and an activity center) and an expansion to the parking lot at 625 St. Nicholas Drive.

Ordinance establishing an administrative tow fee (First Reading): Administrative Tow Fees are intended to reclaim valuable resources expended in the processing for persons arrested and vehicles seized during certain criminal investigations. The fees (either $250 or $500 depending on the offense) are not fines, but are service fees paid in addition to the tow operators towing and impound fees. A provision exists for anyone found not guilty of all underlying charges to have the fee refunded and an administrative hearing component exists for owners who feel that their vehicle should not have been impounded.

Ordinance increasing cemetery fees (First Reading): Cemetery fees have not been increased since 1999 and do not cover the costs of providing the service. Since 1999, costs have increased a minimum of 30%. The Parks Department has held the cost down with the incorporation of new equipment, personnel reductions and near elimination of Public Works support. The fee increase is to start recovering all direct cost associated with interments. Click here to see the new fees.

Ordinance establishing services fees for non-residents of the Fire Protection District (First Reading): The ordinance allows for the billing of non-residents for fire services provided. The Fire Department is responsible for nine miles of I-64 and fire personnel often spend considerable time and resources responding to vehicle accidents and other incidents by non-residents. In effect, district taxpayers are subsidizing those responses. The ordinance also will allow for the Fire Department to bill for extended incidents, such as hazardous material incidents. Currently, we would not be able to recover our costs for a major train derailment or highway chemical spill where the Fire Department’s participation could span several days. This ordinance would establish a billing method for recovering those costs. The purpose of the fire service fee is to recover cost associated with response to incidents where non-residents are responsible for said response. Non-residents are those individuals living outside the city limits or boundaries of the fire protection district. The Fire District Act 70 ILCS 705/11f provides that a fire department may charge and collect fees for services rendered against persons, businesses and other entities who are not residents, at a maximum rate not to exceed $250.00 per hour per apparatus and $70.00 per hour per firefighter.

Ordinance annexing 35.14 acres along Regency Park Drive (Second Reading): This ordinance annexes the land between Green Mount Road and Regency Park Drive described in the annexation agreement item above.

Ordinance to approve the property tax levy (Second Reading): This is the annual process to file a Property Tax Levy with the county by the fourth Tuesday in December. The levy reflects the council’s guidance to keep the property tax rate as low as possible and is a reduction of .0017 from last year’s rate. The levy is based on the previous year’s budget and a city can not levy more in the next year than it budgeted the previous year. The EAV is the base for the next year’s estimate and had a multiplier added by the county. The 2009 levy reflects a $29,293,401 increase in new property in O’Fallon. This is a 4% increase in new property this year and continues a trend of increasing EAV going back to at least 1992.

Ordinance establishing the Regency Park Special Business District (Second Reading): In 2004, the City established three Special Service Areas (SSA) to finance development along Regency Park Drive. The concept envisioned selling bonds to complete the infrastructure of a large undeveloped area into a retail center complete with Big Box retail. The bonds were to be repaid with a special property tax that was to float above the regular property tax for a period of 20 years. The retail complex did not materialize, the property was sold and a new concept was embraced to develop a Corporate Campus complete with Hotels, Restaurants and a Conference Center. This concept was off to a good start when the economy took a downturn and development slowed to a stand still. The economy is beginning to show signs of recovery in the near future and we now find the SSA tax applied six years ago has become a detriment to development of the area along with undermining and a lack of roads. In particular, the lots along I-64 designated for up scale restaurants are not competitive with lots just across I-64 due to the SSA adding a rather large extra tax for 20 years. This SBD is designed to help alleviate some of this negative tax by allowing the merchant/restaurateur to collect one extra percent on sales and apply it to the SSA tax. The SBD requires two ordinances, one to establish and designate the district and another to establish the tax to be collected (1% on retail sales and Hotel/Motel occupation).

ON HOLD Ordinance establishing the Crime Free Multi-Housing Program: Following first reading approval on December 7, the Community Development Committee deliberated the ordinance at their December 14 meeting. Several landlords were present with questions and concerns, and the committee decided to hold the ordinance in committee for one month so staff could address landlord concerns. The issue will appear on the January 11 Community Development Committee agenda.

ON HOLD Tax Increment Financing Ordinances: Five Second Reading ordinances dealing with the proposed Regency Park Tax Increment Financing District are on hold for legal review.

Now you’re up to date. No committee meetings are scheduled on December 28 due to the holidays. The next City Council meeting will be held on January 4.




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