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City Council Minutes 10/17/2005

O’FALLON CITY COUNCIL
MEETING MINUTES
October 17, 2005

The meeting was called to order at 7:03 p.m. by Mayor Gary Graham, who then led “The Pledge of Allegiance to the Flag.”  

Philip Goodwin, City Clerk, called the roll:  Nila Grogan, present; Mary Schmidt, present; Ed True, present; Becky Henry, present; Rick Reckamp, present; Jerry Mouser, present; Tom Bequette, present; Allen Medford, present; Michael Bennett, present; Dennis Renner, present; Jason Boone, present; Ned Drolet, present; John West, present; Jerry Albrecht, present.  A quorum was declared present.

Motion was made by J. Mouser and seconded by N. Grogan to approve the minutes of the October 3, 2005, meeting.  All ayes.  Motion carried.

PUBLIC HEARING:  

1.      Drury Development Business District.  Opened to public at 7:04 p.m.  Mayor Graham called three times for public input, but no one came forward.  Public hearing was closed at 7:05~p.m.

2.      Annexation Agreement with Eric and Patricia Schmitt for approximately 8.85 acres at 537 Scott Troy Road.  Opened to public at 7:05 p.m.  Mayor Graham called for public input.  Mr.~Eric Schmitt of 537 Scott Troy Road came forward and stated their annexation is due to their water services agreement and because they are contiguous to the City of O’Fallon via the Braeswood Development.  

N.~Drolet stated it appears the splitting of this lot in two is resulting in a flag lot.  Mr.~Schmitt agreed and explained when the property was rezoned through the county, they were granted a variance for the flag lot because of the topography involved and in consideration of a shared driveway that alleviated an additional driveway on Scott Troy Road.  

Mayor Graham called two more times for public input, but no one came forward.  Public hearing was closed at 7:08 p.m.

RESIDENTS:

Mayor Graham invited any residents of O’Fallon who would like to speak to the Council to step to the microphone.  No one came forward.  The Mayor recognized an SIUE student who was in attendance for writing/media.  

REPORTS:

Clerk’s Report:  City Clerk Phil Goodwin presented two requests:

1.      Request from the O’Fallon Rotary Club to sell alcohol at the Katy Cavins Community Center for the Moye School Auction on November 5, 2005       

2.  Request from the O’Fallon Women’s Club to conduct a raffle from 10/27/05 – 12/22/05

A motion was made by J. Mouser and seconded by E. True to approve the requests.  All ayes.  Motion carried.  

Mayor’s Report:  

The Mayor reminded Council Members of the Southwestern Illinois Council of Mayors meeting to be held in Columbia on Thursday, October 27, 2005.  

RESOLUTIONS:

Motion was made by J. Mouser and seconded by J. Albrecht to approve Resolution Item~1.

ITEM 1 – Resolution Authorizing the Director of Finance to Secure a Financing Agreement for Replacement/Upgrade of a Fire Department Heavy Rescue Squad (Truck)

ROLL CALL:  M. Schmidt, aye; E. True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T. Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N. Grogan, aye.  All ayes.  Motion carried.  

M. Bennett noted the Fire Department and Public Safety Committee have done an excellent job in planning for this expense.  Mayor Graham said the price for this equipment is $750,000, and they have been working on obtaining it for over four years.  

Motion was made by J. Mouser and seconded by N. Grogan to approve Resolution Item~2.

ITEM 2 – Resolution Authorizing the Mayor to Execute an Annexation Agreement with Eric and Patricia Schmitt

ROLL CALL:  E. True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N. Grogan, aye; M. Schmidt, aye.  All ayes.  Motion carried.  

Motion was made by J.~West and seconded by J. Mouser to approve Resolution Item~3.

ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with the State of Illinois (Dept. of Transportation, St. Clair County and Shoppes at Green Mount, LLC) for Engineering and Construction/Modification of the Pierce/Regency Park/Green Mount Intersection

A.~Medford referenced the handout of the draft agreement that was given to the aldermen prior to the meeting and said that paragraph 14 of Attachment 3 will be modified by deleting the first sentence that begins with “the City shall pay” and ends with “right turn lane” because that sentence is not applicable.  

R.~Reckamp asked the cost involved for this project.  D. Sullivan said the entire cost of the project is $460,000, and the City’s agreement is for up to $25,000.  M.~Schmitt raised discussion regarding Green Mount Road being defined as a bikeway south of O’Fallon.  D. Sullivan stated that issue was raised with the county, but they were not supportive of a bike path across the I-64 overpass.  

ROLL CALL:  B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N. Grogan, aye; M. Schmidt, aye; E. True, aye.  All ayes.  Motion carried.  

ORDINANCES:

1st Readings

Motion was made by J. Mouser and seconded by N. Grogan to place on 1st Reading Ordinance Item 4.  

ITEM 4 – Ordinance Annexing the Eric and Patricia Schmitt property containing 8.86 Acres on two lots, 537 and 541 Scott Troy Road

Mayor Graham noted the acreage is listed as 8.86 under 1st Reading and 8.85 under the Public Hearing, and he requested the correct acreage be clarified on the appropriate documents.  

N.~Drolet raised discussion regarding this flag lot requiring a variance.  T.~Shekell said the county already subdivided the property, and no minor subdivision plat is before the Council.  This is strictly an annexation agreement.  N.~Drolet stated there is an area along Rt.~158 that requires IDOT approval prior to building.  Mr.~Schmitt responded that prior to construction of their new home; they met with IDOT and were given a letter of approval for construction.  He added the home is built far enough off of Rt. 158 that it falls outside of the protection corridor.  

ROLL CALL:  R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N. Grogan, aye; M. Schmidt, aye; E. True, aye; B. Henry, aye.  All ayes.  Motion carried.  

Motion was made by J. Mouser and seconded by J. West to place on 1st Reading Ordinance Item 5.  

ITEM 5 – Ordinance Approving the Final Plat for Cobblestone Ridge, 1st Addition

ROLL CALL:  J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M. Schmidt, aye; E. True, aye; B. Henry, aye; R.~Reckamp, aye.  All ayes.  Motion carried.  

Motion was made by J. Mouser and seconded by J. Albrecht to place on 1st Reading Ordinance Item 6.

ITEM 6 – Ordinance Amending the Zoning Code establishing a Hearing Officer to Review Variances, Amending the Provisions Pertaining for Special Uses and the Responsibilities of the Zoning Board of Appeals and Planning Commission

A.~Medford expressed his concern with one individual making decision on these matters versus a board of individuals.  He recommended the hearing officer do the research and presents the information to the Council for decision.  

E. True felt the hearing officer would be more versed in legal matters and more qualified to make the decisions.  J.~Mouser stated a similar view was shared by three of the four committee members.  

Mayor Graham said when the City becomes Home Rule, those actions that cause concern can be brought before the Council.  Currently, they must either all come before the City Council or none.  He explained the difficulty of a board making these decisions without becoming emotionally involved and felt the hearing officer would be better able to make the decisions based solely on the facts.  

M.~Bennett asked if the Council currently has the right to review all Zoning Board actions.  T.~Shekell stated the Council has a 21-day right of review only on Special Use permits.  He explained that variances are unique in that they are variances from the actual law and can be appealed only to the courts.  M.~Bennett suggested they continue operating under the current system until the City becomes Home Rule.  At that time they can utilize a hearing officer and have the right to review those items of concern.

Discussion was raised by M. Bennett regarding the employment status of the Hearing Officer.  Mayor Graham said it would be a part-time position, appointed by the Mayor and confirmed by the Council, paid on a per-meeting basis.  He stated this would not be a City employee and did not have to be a lawyer.  T.~Shekell said the Collinsville pays their hearing officer approximately $250 bi-weekly.  

Discussion continued regarding various pros and cons of utilizing a hearing officer.

ROLL CALL:  T.~Bequette, aye; A.~Medford, aye; M.~Bennett, nay; D.~Renner, nay; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E. True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye.  Ayes~– 12; Nays - 2.  Motion carried.  A.~Medford asked to change his vote to nay, but Mayor Graham stated votes could not be changed after a roll call is taken.  

Motion was made by J.~Albrecht and seconded by J. West to place on 1st Reading Ordinance Item 7.  

ITEM 7 – Ordinance Amending the Code of Ordinances Traffic Schedules for Stop/Through Street Intersections

M. Bennett raised discussion regarding who would pay for the signs.  D.~Sullivan stated the signs are for Keck Ridge and falls under the old Subdivision Ordinance; therefore, the City is responsible for the cost.  M.~Schmidt asked if there was a stop sign at Planters Cross and Nottinghill.  D. Sullivan said yes.  

ROLL CALL:  A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye.  All ayes.  Motion carried.  

2nd Readings

Motion was made by J. Mouser and seconded by A. Medford to approve 2nd Reading Ordinance Item 8.

ITEM 8 – Ordinance Authorizing the City to Require Payment of the City’s External Consultant Fees Involving the Review of Land Development Proposals (as amended)

ROLL CALL:  M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye.  All ayes.  Motion carried.  

ITEM 9 – Ordinance Amending Chapter 51, Regarding Sewer Service Rates (Placed on hold.)

ITEM 10 – Ordinance Amending Chapter 51, Regarding Tap In Charges (Placed on hold.)

ITEM 11 – Ordinance Approving the Final Plat of Savannah Hills Additions (Placed on hold.)

STANDING COMMITTEES:

Community Development:  J. Mouser stated they met on October 10, 2005; and there was one motion coming out of that meeting.  Motion was made by J.~Mouser and seconded by D. Renner to approve the request from Central Christian Church to hold their Autumn Celebration on October 29, 2005.  All ayes.  Motion carried.

Their next meeting will be October 24, 2005, at 6:00 p.m.

Public Works:  A. Medford said their next meeting is scheduled for October 24, 2005, at 7:00 p.m.  
 
Public Safety:  E. True stated they met on October 10, and their minutes are attached.  The next Public Safety meeting is scheduled for November 14, 2005, at 7:00~p.m.

Finance/Administration:  J. West stated they met before tonight’s City Council meeting to discuss Warrant 98.  

Motion was made by J. West and seconded by R. Reckamp to pay Gifts for Individuals in the amount of $67.50.

ROLL CALL:  J.~Boone, aye; N.~Drolet, abstain; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye.  Ayes – 13; Abstain – 1.  Motion carried.  

Motion was made by J. West and seconded by R. Reckamp to approve Warrant~98 in the amount of $379,475.12.

ROLL CALL:  N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye.  All ayes.  Motion carried.  

Their next meeting is scheduled for October 24, 2005, at 5:30 p.m.

Parks/Environment:  J.~Albrecht said they met on October 10, and their minutes are attached.  Their next meeting is scheduled for November 14, 2005, at 5:30 p.m.

Chief Betten announced that the hours of trick-or-treating for Halloween night are 6:00-9:00~p.m.  Two “safe houses” for the evening are Central School and the First Baptist Church.  

EXECUTIVE SESSION:  At 7:42 p.m. a motion was made by D. Renner and seconded by J.~Albrecht to go into Executive Session to discuss employment matters and union negotiations.

ROLL CALL:  J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye.  All ayes.  Motion carried.  

ADJOURNMENT:

Motion was made by D. Renner and seconded by J. Mouser to adjourn.  All ayes.  Motion carried.

The meeting was adjourned at 7:58 p.m.

                                                                Respectfully submitted by,



                                                                __________________________
                                                                Philip A. Goodwin, City Clerk

Minutes taken by
Sharon L. Wisely, Transcriptionist




 
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