O’FALLON CITY COUNCIL
MEETING MINUTES
March 20, 2006
The meeting was called to order at 7:03 p.m. by Philip Goodwin, City Clerk, 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, excused. A quorum was declared present.
Motion was made by D. Renner and seconded by E. True to appoint J.~Mouser as Mayor Pro Tem.
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; N. Grogan, aye. All ayes. Motion carried.
Motion was made by J. West and seconded by N. Grogan to approve the minutes of the March 6, 2006, meeting. All ayes. Motion carried.
PUBLIC HEARING: None.
RESIDENTS:
Mayor Pro Tem Mouser invited any residents of O’Fallon who would like to speak to the Council to step to the microphone.
Mr. Jerry Morgan, Attorney for Paul and Gina Stroh, spoke in favor of Camp Bow Wow. He gave an overview of the business; and he addressed two primary concerns, specifically the noise and environmental impact this business will have on the proposed location. Mr. Morgan indicated his clients would do whatever is required of them in order to establish their business at this location, including putting into place a grievance process to deal with any concerns or complaints from the neighbors.
Mr. Rex Carr came forward to represent Patricia Schmidt Interior Design, which is located adjacent to the proposed location of Camp Bow Wow. Mr.~Carr indicated Ms.~Schmidt has been at her present location for 16 years, and he explained how Camp Bow Wow would be a detriment to her business. He expressed their primary concerns of noise and environmental issues. He also noted the City’s present zoning ordinance does not permit this type of use at this location, nor does the City’s proposed zoning ordinance. Mr.~Carr stated if the City allows Camp Bow Wow to be
established at this location, Ms. Schmidt would be deprived of her net worth because it would result in loss of clients, disruption of her employees, and the diminished value of her property by at least 50 percent.
In rebuttal, Mr. Morgan noted that a number of businesses could be established at this location without the need for a variance that could just as easily bring down the value of Ms.~Schmidt’s property such as a fish market, auto body shop, tool and dye business, etc.
Mayor Pro Tem Mouser asked two more times if anyone else would like to address the Council. No one came forward.
REPORTS:
Clerk’s Report: City Clerk Phil Goodwin presented one request:
1. Request from the O’Fallon Rotary Club to sell alcohol at the Katy Cavins Community Center for the Chamber of Commerce Awards Banquet on April 28, 2006
A motion was made by R. Reckamp and seconded by E. True to approve the request. All ayes. Motion carried.
Mayor’s Report:
Sgt. Mark Berry and Officer Jamie Smith presented “Saved by the Belt” Awards to Richard Breeze and to Randi and Regan Schur for the proper use of safety restraints. Sgt.~Berry described the serious accidents these individuals were involved in and indicated they suffered only minor injuries because of their responsible behavior in wearing seatbelts. He commended them for being positive examples of how seatbelts save lives.
Sgt. Berry and Officer Smith also announced the “Slow Down Yard Sign Campaign,” which just began on East Wesley Drive and Moye School Road. Sgt. Berry explained these are two very busy roads; and various residents agreed to display large, brightly colored signs in their yards that urge drivers to slow down. The residents are responsible for displaying the signs early in the morning and taking them down at night, and they have said it has made a tremendous difference—vehicles are noticing the signs and immediately slowing down. Anyone who wants to get involved in this program should contact Sgt.~Berry.
Ms. Fay Holland of the American Cancer Society made a presentation on Relay for Life. This will be the first Relay for Life ever held in O’Fallon, and it will be at O’Fallon Township High School on June 23 from 6 p.m. until 6 a.m. Ms. Holland said this event would be for the communities of O’Fallon, Lebanon, Mascoutah, Shiloh, and Scott~AFB. Cancer survivors are urged to attend. Teams, corporate sponsors, and volunteers are all needed for the event.
The Southwestern Council of Mayors will be held on March 23. Contact Jamie, if you would like to attend.
RESOLUTIONS:
Motion was made by D. Renner and seconded by E. True to consider the Omnibus Rule for Resolution Items 1, 2, 4, 5 and 6. All ayes. Motion carried.
ITEM 1 – Resolution of Intent to Reimburse Funds in Connection with the Park and Recreation Facilities
ITEM 2 – Resolution Authorizing the Mayor to Enter into an Intergovernmental Agreement with the City of Fairview Heights to Allow the O’Fallon Police Department to Provide Police Services for all of Old Collinsville North from Frontage Road/Salem Place Intersection to the Northern Most O’Fallon City Limit along the Roadway
ITEM 4 - Resolution Authorizing the Mayor to Execute an Agreement with the O’Fallon Veterans Monument Association, Inc. for Maintenance and Capital Improvement Services
ITEM 5 – Resolution Authorizing the Mayor to Execute an Intergovernmental Agreement with the Village of Shiloh
ITEM 6 – Resolution Approving and Accepting the Preliminary Plat of the Illini Trails
Motion was made by J. West and seconded by E. True to approve Resolution Items~1, 2, 4, 5 and 6.
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; N. Grogan, aye. All ayes. Motion carried.
Motion was made by J. West and seconded by E. True to approve Resolution Item~3.
ITEM 3 – Resolution Approving and Accepting a Subdivision of Land to be known as Premier Point Office Park
M.~Schmidt stated there is no sidewalk proposed along Green Mount Road. She reminded everyone that the area is part of a planned bikeway by the Bicycle Master Plan, and yet no area is being provided for pedestrian or bicycle traffic, which presents a safety issue.
N.~Drolet expressed his agreement with M.~Schmidt and stated the sidewalk should continue from Pierce Boulevard all the way to the interstate.
ROLL CALL: E. True, aye; B. Henry, aye; R.~Reckamp, nay; J.~Mouser, aye; T.~Bequette, nay; A.~Medford, aye; M. Bennett, aye; D.~Renner, nay; J.~Boone, aye; N.~Drolet, nay; J.~West, aye; N. Grogan, nay; M. Schmidt, nay. Ayes – 7; Nays - 6. Motion carried.
ORDINANCES:
1st Readings
Motion was made by A. Medford and seconded by B. Henry to place on 1st Reading Ordinance Item 7.
ITEM 7 – Ordinance Approving the Final Plat of the Parcs at Arbor Green Phase I
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; N. Grogan, aye; M. Schmidt, aye; E. True, aye. All ayes. Motion carried.
Motion was made by A. Medford and seconded by J. West to place on 1st Reading Ordinance Item 8.
ITEM 8 – Ordinance Approving the Final Plat of the Braeswood Trails, 1st Addition
N. Drolet expressed his disapproval of the subdivision’s very long cul-de-sacs. He stated he has spoken to representatives from District 90 and Laidlaw, and their concerns are (1) the inability to turn the buses around and (2) covering the same territory twice.
R.~Reckamp agreed the issue of interconnectivity is in order; however, he noted this is in the final plat stage, so either the project is approved now or it dies completely.
M.~Bennett asked if there were any topographical reasons for these subdivisions not to loop. T.~Shekell didn’t offer any topographical reasons and said at the time staff looked at the plat, it simply made sense. M.~Schmidt asked if the final plat could be changed at this point in time. T.~Shekell responded that it would be very difficult to make changes now and said the time for discussions on these cul-de-sacs is at the preliminary plat stage. M. Schmidt stated when the Council approved the preliminary plat; they didn’t have much authority because it was under St. Clair County jurisdiction. T.~Shekell concurred and said the zoning and initial development were given plan development approval by St.~Clair County; and he said at that time, the City felt fortunate to just be able to annex the development
into the City.
ROLL CALL: R.~Reckamp, nay; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M. Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, nay; J.~West, aye; N.~Grogan, aye; M. Schmidt, nay; E. True, aye; B. Henry, aye. Ayes – 10; Nays - 3. Motion carried.
Motion was made by A. Medford and seconded by J. West to place on 1st Reading Ordinance Item 9.
ITEM 9 – Ordinance Approving the Final Plat of the Tuscany Trails Phase 1 Subdivision
R. Reckamp expressed opposition to the park and ponds being maintained by the homeowners association or similar organization since these groups are notorious for going defunct after a few years. He recommended the ordinance be amended to include language that would go into a default position of having an SSA for maintenance of that park if the homeowners association should be dissolved. T.~Shekell said at this time, the annexation agreement cannot be modified; however, it is possible they could talk with the developer and have language included in the final plat approval stage that would give the City authority over this issue. He said since this is 1st Reading, they have the latitude of amending it at 2nd Reading.
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; 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 place on 1st Reading Ordinance Item 10.
ITEM 10 – Ordinance Amending Ordinance 623, Zoning, Illini Trails Subdivision
ROLL CALL: T.~Bequette, aye; A.~Medford, aye; M. Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; N.~Grogan, aye; M.~Schmidt, nay; E. True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye. Ayes – 12; Nays - 1. Motion carried.
Motion was made by A. Medford and seconded by E. True to place on 1st Reading Ordinance Item 11.
ITEM 11 – Ordinance Authorizing Receipt of a Gift of Property from New Home Realty Development
ROLL CALL: A.~Medford, aye; M. Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, 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.
M.~Schmidt left the meeting at approximately 7:50 p.m.
Motion was made by A.~Medford and seconded by B.~Henry to place on 1st Reading Ordinance Item 12.
ITEM 12 – Ordinance Amending Ordinance 623, Zoning, Planned Use Development known as Camp Bow Wow to be located at 1470 Frontage Road
M.~Bennett said he would love to have the business in town, but staff is against it and it will be located too close to Patricia Schmidt’s business.
J.~Boone suggested it would be prudent to approve the project on 1st Reading and then take the next two weeks for Council members to familiarize themselves more with the project and franchise in order to make a more educated decision. He cautioned Council Members against speculating the potential real estate value of Ms. Schmidt’s property with Camp Bow Wow located adjacent to it, since none of them are real estate professionals.
A.~Medford recommended they take a trip to visit one of the franchise sites and see first-hand how the business impacts its area. It was noted that the closest one is in Springfield, Missouri. J.~Boone suggested visiting the new dog kennel establishment in Swansea, which is located close to both residential and commercial property, in order to observe the noise level.
Motion was made by N.~Drolet and seconded by B. Henry to table the petition until the next Council meeting.
M.~Bennett stated each of these franchise locations is uniquely different, and viewing another site would not allow an exact comparison. B. Henry agreed that visiting a franchise site would be beneficial because it would allow them to speak with nearby businesses to gather their input. Discussion ensued regarding the benefits of tabling the petition.
ROLL CALL: M. Bennett, nay; D.~Renner, nay; J.~Boone, aye; N.~Drolet, aye; J.~West, nay; N.~Grogan, aye; M.~Schmidt, absent; E. True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, nay; T.~Bequette, nay; A.~Medford, aye. Ayes – 7; Nays - 5. Motion carried. The original motion died.
At approximately 8:05 p.m. M.~Schmidt rejoined the meeting.
2nd Readings
Motion was made by A. Medford and seconded by E. True to approve 2nd Reading Ordinance Item 13.
ITEM 13 – Ordinance Amending Final Plat, Ordinance 3108, and Rezoning Windstone Subdivision Planned Use Development
M. Bennett voiced his objection because of potential problems in the future with property maintenance issues. A.~Medford raised discussion regarding the covenants being put into place. T.~Shekell noted all owners would be required to sign the covenants in order for the ordinance to become effective. He also stated the covenants would transfer to future owners.
ROLL CALL: D.~Renner, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, 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, nay. Ayes – 12; Nays - 1. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on March 13, and there are two requests coming from that meeting.
Motion was made by A. Medford and seconded by J. West to approve the Special Event Permit request from Chevy’s Fresh Mex to hold their Cinco de Mayo event from May 5– May 6 in their parking lot from 11 a.m.–1 a.m. All ayes. Motion carried.
Motion was made by A.~Medford and seconded by J. West to approve a Special Event Permit request from Main Street Downtown for a “Swap Meet.”
M.~Bennett asked about the Main Street application. J.~Mouser stated it was discussed in committee to allow them to set up at either the City Hall parking lot or the State and Vine parking lot for two alternating weekends in either the month of April or May. There would be a 30-day trial period.
D.~Renner asked if sales tax would be collected and if a fee would be imposed to the vendors for participating. J.~Mouser said it is his understanding that sales tax would be paid to the vendor’s community. B.~Henry said vendors would pay a booth fee to Main~Street. D.~Renner asked how the downtown businesses felt about the competition. J.~Boone said 43 businesses said they were in favor of it. J.~Mouser said only three businesses were in opposition.
M.~Schmidt asked how this would impact the existing farmers’ market. B.~Henry said it wasn’t discussed. N.~Drolet said only about three farmers participate in the farmers’ market, and they will not be affected.
ROLL CALL: D.~Renner, nay; J.~Boone, aye; N.~Drolet, aye; J.~West, 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. Ayes – 12; Nays - 1. Motion carried.
Community Development will have a special meeting on March 23, 2006, at 6:30 p.m. regarding the school impact fees. Their next regular meeting will be March 27, 2006, at 6 p.m.
Public Works: A. Medford said their next meeting is scheduled for March~27, 2006, at 7~p.m.
Public Safety: E. True stated they met on March 13, 2006. The next Public Safety meeting is scheduled for April 10, 2006, at 7~p.m.
Finance/Administration: J. West stated they met before tonight’s City Council meeting to discuss Warrant 108.
Motion was made by J. West and seconded by R.~Reckamp to approve Warrant 108 in the amount of $423,723.01.
ROLL CALL: J.~Boone, aye; N.~Drolet, aye; J.~West, 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. All ayes. Motion carried.
Their next meeting is scheduled for March 27, 2006, at 5:30 p.m.
Parks/Environment: Their next meeting is scheduled for April 10, 2006, at 5 p.m.
EXECUTIVE SESSION: At 8:18 p.m. a motion was made by J.~West and seconded by M.~Bennett to go into Executive Session to discuss land acquisition.
ROLL CALL: N.~Drolet, aye; J.~West, 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.
At 8:25 City Council members returned from Executive Session.
ADJOURNMENT:
Motion was made by E. True and seconded by N. Grogan to adjourn. All ayes. Motion carried.
The meeting was adjourned at 8:26 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
| 
