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City Council Minutes 11/21/2005

O’FALLON CITY COUNCIL
MEETING MINUTES
November 21, 2005

The meeting was called to order at 7:01 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, excused; Allen Medford, present; Michael Bennett, present; Dennis Renner, present; Jason Boone, present; Ned Drolet, excused; John West, present; Jerry Albrecht, excused.  A quorum was declared present.

Motion was made by J. Mouser and seconded by D. Renner to approve the minutes of the November 7, 2005, meeting.  All ayes.  Motion carried.

PUBLIC HEARING:  

1.      Pre-Annexation Agreement with Karen Marshall Revocable Living Trust for approximately 5.8 acres located at 2200 Bowler Road.  Opened to public at 7:03~p.m.  Mayor Graham called three times for public input, but no one came forward.  Public hearing was closed at 7:04~p.m.

RESIDENTS:

Mayor Graham invited any residents of O’Fallon who would like to speak to the Council to step to the microphone.

Mr. Rick Jones of 806 West State Street came forward and commended the City for its plans to build a roundabout at the intersection of State Street and Obernuefemann.  He expressed his concern with the safety of his children, given the number of accidents that have recently occurred at that location (16 in the past 8 months).  He, therefore, urged the City to purchase the three remaining residential lots in that area and rezone them as commercial property.

The Mayor noted the unusual nature of the request, since residents do not ordinarily ask the City to use eminent domain to take their house.  He said the Public Works Committee can take a look at it, but he projected those three lots would appraise out at $400,000 or more.  

M. Bennett noted that the traffic has not really increased from eight months ago when Mr. Jones purchased his home.  He stated he would support those properties being rezoned commercial, and he recommended Mr. Jones and the other homeowners speak with a local commercial developer regarding selling their property.  

REPORTS:

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

1.      Request from Main Street O’Fallon to sell alcohol at the Katy Cavins Community Center for the annual Main Street Ball on Saturday, February 11, 2006
        
He noted they have not submitted a liquor license yet.  

A motion was made by R. Reckamp and seconded by E. True to approve the request pending submittal of the liquor license.  All ayes.  Motion carried.

2.      Request from Twisters Booster Club to conduct a raffle from November 21, 2005 – December 10, 2005       

A motion was made by R. Reckamp and seconded by E. True to approve the request.  All ayes.  Motion carried.

Mayor’s Report:  

Chief John Betten recognized the winners of the recent Halloween Costume Contest.  Winner of the ages 0-5 category was Chase Kirlin, dressed as Sponge Bob Square Pants.  Winner of the ages 6-10 category was Joshua Fisher, dressed as Humpty Dumpty.  Winner of the ages 11-13 category was Nikki Gray, who dressed as a skeleton.  Chief Betten presented gifts donated from Wal-Mart to each of the winners.

The Mayor said the City has been asked to support the Scott Field Heritage Airpark with a donation of $50,000 over five years.  He put the request into the Public Works Committee and said a brochure regarding the project will be put in each Alderman’s mailbox.  He told the Council that questions could be directed to Ray Holden and Becky Henry, who have been working on this project for two years.  Mayor Graham stated that Swansea, Shiloh and possibly Belleville have already committed to supporting the project.  

RESOLUTIONS:

Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Rule for Resolution Items 1-4.  All ayes.  Motion carried.

ITEM 1 – Resolution Authorizing the Mayor to Execute a Pre-Annexation Agreement with Karen Marshall located at 2200 Bowler Road

ITEM 2 – Resolution Authorizing the Mayor to Execute an Agreement with IDOT for the Simmons Road Project

ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with IDOT for the State Street Project

ITEM 4 – Resolution Authorizing the Mayor to Execute an Agreement with Rite-Way Excavating for the Betty Lane Sewer Extension Bid in the Amount of $60,924.77

Motion was made by J. Mouser and seconded by D. Renner to approve Resolution Items~1-4.

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

ORDINANCES:

1st Readings

Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Rule for 1st Reading Ordinance Items 5, 7 and 8.  All ayes.  Motion carried.

ITEM 5 – Ordinance Designating Wolfersberger Funeral Home as a Local Historical Landmark located at 102 West Washington

ITEM 7 – Ordinance Repealing Articles I, VI, IX, and X of the Zoning Code and Replacing with new Articles pertaining to General Provisions, Administration, Non-Conforming Uses, Vested Rights, and Telecommunications Regulations

ITEM 8 – Ordinance Amending Ordinance 623, Zoning, Enterprise Rent-a-Car located at 909 West Hwy 50

Motion was made by J. Mouser and seconded by E. True to place on 1st Reading Ordinance Items 5, 7 and 8.  

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

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

ITEM 6 – Ordinance Amending Ordinance 3302 Revising the Building Codes

R. Reckamp noted that staff recommended against this Ordinance, and he said he didn’t feel they should “water down” the building code ordinances in this way.  J.~Mouser clarified that it was the code enforcement staff who did not support this amendment.  

Mayor Graham explained this Ordinance would allow the use of romex instead of metal clad cable (MC Cable) in commercial buildings.  He added that romex has been accepted by the National Electric Code, but it has not been accepted in the City of O’Fallon.  

M. Bennett asked what kind of cost savings would this Ordinance provide for commercial buildings.  R.~Reckamp noted the staff memo indicates a 10-15% savings with romex.  The Mayor responded that a hotel has approximately $100,000 of electrical work.    

B. Henry stated that one point of discussion raised in committee was that, as a residential development, the Green Mount Apartment complex was allowed to use romex.  She noted the Green Mount Apartments are not much different than a hotel.  

R.~Reckamp said the National Electric Code is a minimum standard; and many communities, including O’Fallon, have required a higher standard.  He added that allowing romex would invite workmen who are not as skilled as those who can install the MC Cable.  

E. True expressed his confidence in the National Electric Code and added that the City also has inspectors to ensure these electrical systems are safe.  J.~Boone stated the National Electric Code is endorsed by an association of national fire chiefs.    

ROLL CALL:  B. Henry, aye; R.~Reckamp, nay; J.~Mouser, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; J.~Boone, aye; J.~West, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye.  Ayes – 10; Nays - 1.  Motion carried.  

2nd Readings

Motion was made by J. Mouser and seconded by N. Grogan to consider the Omnibus Rule for 2nd Reading Ordinance Items 9-18.  All ayes.  Motion carried.

ITEM 9 – Ordinance Authorizing the Purchase of Real Estate located adjacent to 123~Elm Street

ITEM 10 – Ordinance Establishing and Designating the O’Fallon/Drury Business District and Approving the Business District Plan

ITEM 11 – Ordinance Amending Ordinance 623, Zoning, Planned Use Development known as “Your Home Team Office Building” at 813 W. Hwy 50

ITEM 12 – Ordinance Amending Ordinance 623, Zoning, Planned Use, Frieze Harley Davidson

ITEM 13 – Ordinance Amending Ordinance 623, Zoning, Planned Use, Allisanna Office Bldg., 702 W. Hwy 50
ITEM 14 – Ordinance Approving the Final Plat of Lake St. Ellen, 1st Addition

ITEM 15 – Ordinance Amending Ordinance 623, Zoning, Planned Use, Premier Properties Office Buildings at 1417, 1425, and 1433 N. Green Mount Road

ITEM 16 – Ordinance Amending Chapter 51, Section 51.141, Regarding Authority of City for Right of Entry

ITEM 17 – Ordinance Amending Ordinance 623, Zoning, Del Ray Estates

ITEM 18 – Ordinance Amending Chapter 72, Schedule IV, Adding Additional Snow Routes – As Amended

Regarding Item 17, M. Bennett asked if SR-3 zoning was still allowed and noted he would prefer SR-2 for this subdivision.  T.~Shekell said it is still in the Subdivision Ordinance Code as an allowable district.  He stated the lots are fairly consistent, though slightly smaller, with others in that same vicinity

Motion was made by J. Mouser and seconded by E. True to approve 2nd Reading Ordinance Items 9-18.

A.~Medford asked if Item 17 was contingent upon approval by Fairview Heights.  T.~Shekell said one of the conditions of zoning and plan approval is that Fairview Heights approve the same plan.  

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

ITEM 19 – Ordinance Amending Ordinance 623, Zoning, Park Glen Estates (Placed on hold.)

ITEM 20 – Ordinance Approving the Final Plat of Savannah Hills Additions (Placed on hold.)

ITEM 21 – Ordinance Amending Chapter 51, Regarding Sewer Service Rates (Placed on hold.)

ITEM 22 – Ordinance Amending Chapter 51, Regarding Tap In Charges (Placed on hold.)

STANDING COMMITTEES:

Community Development:  J. Mouser stated they met on November 14, 2005, and the minutes are attached.  Their next meeting will be November 28, 2005, at 6:00 p.m.

Public Works:  A. Medford said they have three items to bring before the Council.   

Motion was made by A. Medford and seconded by J. West to accept the low bid from National Waterworks for water supplies in the amount of $22,488.75.

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

Motion was made by A. Medford and seconded by J. West to authorize the WWTP replacement comminutor for $31,182.

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

Motion was made by A. Medford and seconded by J. Mouser to authorize the WWTP purchase of two Hydromatic submersible, sewage sludge pumps from Rexel United in the amount of $22,070.

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

Their next meeting will be Monday, November 28, at 7 p.m.

Public Safety:  E. True stated they met on November 14, 2005, and have nothing to bring before the Council.  The next Public Safety meeting is scheduled for December~12, 2005, at 7~p.m.

D. Renner asked if the sirens are working at this time.  Chief Betten confirmed that they are working and explained the recent malfunction.  

Finance/Administration:  J. West stated they met before tonight’s City Council meeting to discuss Warrant 100.  

Motion was made by J. West and seconded by R. Reckamp to approve Warrant~100 in the amount of $278,686.70.

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

Their next meeting is scheduled for November 28, 2005, at 5:30 p.m.

Parks/Environment:  M.~Hutchison reported their next meeting is scheduled for December~12, 2005, at 5:30~p.m.

EXECUTIVE SESSION:  None.

M.~Bennett raised discussion regarding the November 22 public hearing for the proposed Aldi Grocery store on Hartman Lane, and he expressed his objection to this project.  T.~Shekell said he expected the public hearing to be opened and then continued until December 13.  A traffic study has been requested by the City, and it is still yet to be completed.  

J.~Mouser said the Council has been invited to participate in the Christmas Parade on December 3.  

ADJOURNMENT:

Motion was made by M.~Bennett and seconded by J.~West to adjourn.  All ayes.  Motion carried.

The meeting was adjourned at 7:40 p.m.

                                                                Respectfully submitted by,



                                                                __________________________
                                                                Philip A. Goodwin, City Clerk

Minutes taken by
Sharon L. Wisely, Transcriptionist




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