O’FALLON CITY COUNCIL
MEETING MINUTES
April 3, 2006
The meeting was called to order at 7:00 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 (arrived at 7:04); 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. West and seconded by E. True to approve the minutes of the March 20, 2006, meeting. All ayes. Motion carried.
PUBLIC HEARING:
1. Pre-Annexation Agreement with Keith Beyersdorfer and John and Peggy Baron for approximately 24 acres located near the northwest corner of Bowler and Bethel Roads for annexation of Crest Estates Subdivision. Opened to public at 7:02~p.m. Mayor Graham called three times for public input, but no one responded. Public hearing was closed at 7:03 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. John Drolet of 520 Overbrook Circle addressed the Council regarding the sewer service rates and averaging. He suggested the summer sewer rates be based on the average winter usage for all residents and not just the 571 residents who have water sprinkler systems. He asked the Council to consider two options: (1) Adopt a multiplier (i.e.,~1.2) and apply that to the average winter usage to determine their summer usage. Residents would only pay for sewer on that summer usage amount. For example, a household using 6,000 gallons of water in the winter months would pay sewer on a maximum of 7,200 gallons during the summer months. Any water used in excess of 7,200 gallons would not incur sewer charges. (2) Residents would purchase a water meter, register it with the City, and
attach it to their outside faucet. The City would be allowed to review the meter, and that water usage would not incur sewer charges. Mr.~Drolet said the Village of Swansea utilizes water meters, and he offered to provide information on their system.
Mayor Graham responded that this is a much more complicated issue than the City has been able to communicate to the public. He stated the City has lost over $1~million since 2002 with sewer averaging because the City’s costs continue to rise. The sewer charges incurred by residents are not only paying for their sewer usage, but also a huge plant with a 100-year sewer system in some parts of the city.
Mr. Jerry Morgan, Attorney for Paul and Gina Stroh, asked to make a brief comment regarding Camp Bow Wow. M.~Schmidt excused herself from the meeting at 7:11~p.m. Mr. Morgan read a portion of the Staff Report for 1st Reading Ordinance Item 27, which stated that according to Illinois statute 65 ILCS 5/11-13-14, when owners of 20% or more of the property proposed to be altered is protested in this fashion, “the amendment shall not be passed except by a favorable vote of two-thirds of the aldermen or trustees of the municipality then holding office.” However, Mr.~Morgan noted that Article 8, Section 8.030 of the City’s Ordinance deals with protest petitions and indicates a protest shall be filed not later than the end of the seventh business day following the Planning Commission’s public hearing. The public hearing for Item 27 was held February 28, but Patricia Schmidt’s protest was not filed until March~29; therefore, the supermajority requirement is not triggered and only a
simple majority will be needed to approve Item~27. M.~Schmidt returned to the meeting at 7:16~p.m.
Mayor Graham asked if anyone else would like to speak to the Council. Mr. Reinneck from Diversified Coatings, Ltd., located at 1515 Frontage Road, spoke in opposition to Camp Bow Wow. He said the noise level would be an issue, and he expressed concern with the environmental impact the business would have on his well. J.~Boone noted the farm behind Diversified Coatings uses pesticides and herbicides on their crops, and he asked the gentleman if he had done any research on the effects of these products on his well water. He replied “no.”
REPORTS:
Clerk’s Report: City Clerk Phil Goodwin presented one request:
1. Request from the Senior Citizens Club of O’Fallon to conduct a raffle from April – September 20, 2006
A motion was made by R. Reckamp and seconded by M.~Bennett to approve the request. All ayes. Motion carried.
Mayor’s Report:
Mayor Graham recognized Kimberly Atkins in the audience. She is the City’s first female volunteer firefighter.
The Mayor said there would be a meeting Thursday night regarding school impact fees. The City has worked diligently to move this forward; and he indicated the final information necessary for the City to legally move forward was submitted on March 22, 2006.
Mayor Graham read a proclamation declaring the week of April 3 – April 9, 2006, as “Work Zone Safety Awareness Week” and a proclamation declaring April 14, 2006, as Arbor Day.
The Mayor presented a request from O’Fallon Homecoming and Fall Festival Association for permission and assistance to place street banners over Hwy. 50, east to west, as well as over State Street, east to west, to announce and advertise their “A Tribute to Elvis” event. A.~Medford asked if their request indicates when they will put the banners up and take them down. Mayor Graham said dates were provided, and it would be controlled with the City’s Ordinance.
Motion was made by J.~Mouser and seconded by N. Grogan to approve the request. All ayes. Motion carried.
Mayor Graham recommended the reappointment of Crosby Grimmer and Lin Stawarski, and the appointment of Autumn Wiggins to the Arts Commission.
Motion was made by M.~Bennett and seconded by N.~Grogan to approve the recommendation. All ayes. Motion carried.
B.~Henry stated that Dr.~Mike Kinsall, principal at Estelle Kampmeyer School, passed away Sunday. The Mayor said the funeral would be Tuesday at the First Baptist Church in O’Fallon, and he asked for a moment of silence for Mike and his family.
RESOLUTIONS:
Regarding Items 7 and 9, R.~Reckamp asked if it would be a conflict of interest having Pat Judge of Gonzalez Companies hired as both project engineer and inspector on the project. Dennis Sullivan said Burns & McDonnell would be the engineer of record – not Pat Judge. However, he said it is not uncommon for architects to be both designer and inspector. D.~Sullivan said he saw no reason under the Professional Acts of the State of Illinois where this qualifies as a conflict of interest because Pat Judge would not be sealing the drawings.
Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Rule for Resolution Items 2-12, and 15. All ayes. Motion carried.
Motion was made by J.~Mouser and seconded by E. True to approve Resolution Items~2-12, and 15.
ITEM 2 – Resolution Authorizing the Mayor to Execute an Agreement with Rhutasel and Associates for Design of the Stabilization of the Stream at the Rear of 1204 Falling Spring Court in the Amount not to exceed $9,000
ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with Horner & Shifrin, Inc. for Professional services Related to Various Task Orders to be Authorized in Accordance with Agreed upon Hourly Rates and Conditions
ITEM 4 – Resolution Authorizing the Mayor to Execute an Agreement with HMG, Inc. for Professional Engineering Services for a Water Line Extension along Scott-Troy Road from Oak Hill School Road to Keck Ridge in an amount not to exceed $19,425
ITEM 5 – Resolution Authorizing the Mayor to Execute an Agreement with HMG, Inc. for Professional Engineering Services for the Design of the Bunkum Road Water Main Replacement in an amount not to exceed $18,590
ITEM 6 – Resolution Authorizing the Mayor to Execute an Agreement with Burns & McDonnell for Professional Services for the Design of a new Water Booster Pump Station with a Cost not to exceed $124,000
ITEM 7 – Resolution Authorizing the Mayor to Execute an Agreement with Gonzalez Companies for Professional Services to Provide Construction Inspection and Related Activities Associated with the Water Booster Pump Station Construction not to exceed $106,889
ITEM 8 – Resolution Authorizing the Mayor to Execute an Agreement with Burns & McDonnell for Design Services for Two Elevated Water Storage Tanks (each with 1,000,000 Gallon Capacity) for a Cost not to exceed $174,000
ITEM 9 – Resolution Authorizing the Mayor to Execute an Agreement with Gonzalez Companies for Professional Services to Provide Construction Inspection and Related Activities Associated with Two Elevated Water Storage Tanks, not to exceed $186,497
ITEM 10 – Resolution Authorizing the Mayor to Execute an Agreement with Azteca Systems, Inc. for Software Updates and User Support for Licenses Currently held by the Public Works and Parks Department in the amount not to exceed $6,575.00
ITEM 11 – Resolution Authorizing the Mayor to Execute an Agreement with Gateway Geospatial LLC for Contractual Services in the amount not to exceed $71,760
ITEM 12 – Resolution Authorizing the City Clerk to Sign an IDOT Resolution for Motor Fuel Tax (MFT), Municipal Estimate of Maintenance
ITEM 15 – Resolution Authorizing the Mayor to Execute an Agreement with O’Fallon Lodge No. 198, Illinois Fraternal Order of Police Labor Council Covering Rates of Pay, Wages, Hours, and other conditions for Civilian Members
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.
Motion was made by A.~Medford and seconded by J.~Albrecht to approve Resolution Item~1.
ITEM 1 – Resolution Authorizing the Mayor to Execute an Agreement with AMEC Earth~& Environmental, Inc. for Facilitation and Consultation Services in Support of the Storm Water Utility Planning Phase, amount not to exceed $79,200
M.~Bennett referred to the rate development questions under Task 1.3 of the Resolution and asked how additional questions could be included in that list and who would be answering those questions. A.~Medford indicated the consultants conducting the study would answer the questions, and additional questions should be submitted to the Engineering Department or the Public Works Committee.
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.~Mouser and seconded by J. West to approve Resolution Item~13.
ITEM 13 – Resolution Authorizing the Mayor to Sign an Annexation Agreement with Crest Estates, LLC, for a Development known as Crest Estates Subdivision at the Northwest Intersection of Bowler Road and O’Fallon-Troy Road
E.~True asked the reason for granting a variance for 26’ wide streets. T.~Shekell said the developer is requesting 26’ wide streets because they are primarily single-loaded with houses only on one side. Staff still recommends 30’ wide streets.
N.~Drolet raised three issues regarding the Crest Estates Subdivision: (1) the cul-de-sac is over 1,550 long, which is twice as long as the City’s ordinance allows, (2)~the common ground on Lots 11 and 12 do not have a sidewalk along that area, and (3)~the developer is asking for relief from the backyard setbacks, which appears to mean the lake could come right up to their back deck. T.~Shekell said the rear setback is addressed in the Annexation Agreement under “Variations,” paragraph 4b. He explained that when a lot backs up to a body of water, the rear setback is not typically measured from the high watermark, as done in this case; however, it certainly can be done this way. T.~Shekell said paragraph~4 could be stricken from the Annexation Agreement if the Council does not approve of the wording.
Motion was made by N.~Drolet and seconded by D.~Renner to strike paragraph 4 of the Annexation Agreement or define it in a better fashion that would state some type of setback requirement.
N.~Drolet asked who would be responsible for maintaining the lake. T.~Shekell said it would be the responsibility of the Homeowners’ Association.
J.~West asked who was responsible for the dam on Lot 13. Mr.~Beyersdorfer said the homeowner of Lot~13 would be responsible. J.~West said in another subdivision where the dam is owned by one of the residents, it has caused problems.
Motion was made by N.~Drolet and seconded by M.~Bennett to have sidewalks all along the cul-de-sac with the exception of Street #2.
After additional discussion, Mayor Graham recommended the project be sent back to committee to resolve all the issues raised.
The previous motions and their respective seconds were withdrawn.
Motion was made by R.~Reckamp and seconded by E. True to send the project back to committee. All ayes. Motion carried.
ITEM 14 – Resolution Approving and Accepting the Preliminary Plat of the Crest Estates (Placed on hold as a result of the motion on Item 13)
ORDINANCES:
1st Readings
Motion was made by A.~Medford and seconded by J.~Mouser to place on 1st~Reading Ordinance Item 17.
ITEM 17 – Ordinance Amending Chapter 51, Section 51.070, Regarding Sewer Service Rates and Averaging
R.~Reckamp stated he feels summer averaging is the appropriate means of handling this situation.
M.~Bennett said he doesn’t like averaging for everyone because not everyone waters their lawn, so discounts will be given to people who have not earned it. He felt the only equitable idea is using a multiplier as Mr.~Drolet explained earlier.
A.~Medford said new information has been provided since this issue was discussed in committee, and he withdrew his motion to place it on 1st Reading. Motion was made by A.~Medford and seconded by J.~Mouser to send Item~17 back to committee for further discussion. All ayes. Motion carried.
D.~Renner said that years ago, the previous Council gave out sewer reductions to everyone until it was brought up that the reductions were going to businesses as well as residents. Some residents had their sewers backing up in their basements, so it affected all of O’Fallon because insurance rates increased. He said this Council has come a long way in solving those problems for residents in the older section of town; and he saw no benefit to rates being increased, thus creating additional hardships on the residents.
J.~West said the suggestion of using a multiplier does not mean everyone will receive a sewer credit. It only applies to those people who use over 120 percent of their average. He felt the utilization of a multiplier merited further review.
Motion was made by J.~Mouser and seconded by E.~True to consider the Omnibus Rule for 1st Reading Ordinance Items 18-23 and 26. All ayes. Motion carried.
ITEM 18 – Ordinance Amending Chapter 77, Adding Schedule VIII, Closed Streets, Regarding Jaclyn Drive
ITEM 19 – Ordinance Designating as a Local Landmark, 207 W. 2nd Street
ITEM 20 – Ordinance Designating as a Local Landmark, 505 N. Lincoln
ITEM 21 – Ordinance Designating as a Local Landmark, 109 Betty Lane
ITEM 22 – Ordinance Designating as a Local Landmark, 106 E. Monroe Street
ITEM 23 – Ordinance Designating as a Local Landmark, 505 South Cherry Street
ITEM 26 – Ordinance Budgeting for all Corporate Purposes for the Fiscal Year Beginning May 1, 2006 and ending April 30, 2007
Motion was made by J.~Mouser and seconded by N.~Grogan to place on 1st Reading Ordinance Items 18-23 and 26.
M.~Bennett said he didn’t want residents to think the Council was being casual with the budget since there has been no discussion on the floor. He pointed out that staff has been working on it for several months. It has been through every committee, and many adjustments have been made along the way. Mayor Graham added that the budget hearings were announced all along, and copies of those hearings are available at City Hall and the library.
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.
ITEM 24 – Ordinance Annexing Crest Estates Subdivision, 23.9 Acres (Placed on hold as a result of the motion on Item 13)
ITEM 25 – Ordinance Amending Ordinance 623, Zoning, Crest Estates Subdivision (Placed on hold as a result of the motion on Item 13)
M.~Schmidt excused herself from the meeting at 7:55 p.m.
Motion was made by J.~Mouser and seconded by A.~Medford to place on 1st~Reading Ordinance Item 27.
ITEM 27 – Ordinance Amending Ordinance 623, Zoning, Planned Use Development known as Camp Bow Wow to be located at 1470 Frontage Road
B.~Henry pointed out that many different businesses could come into this B-2 district without needing Council approval that would be worse for the existing establishments in that area.
J.~Boone expressed his appreciation to the petitioners for their patience during this process, as well as their cooperation in going above and beyond to meet the City’s requirements throughout this process. He said the petitioners did their best to prove that noise would not be a factor; however, they were not allowed to present that proof. Finally, J.~Boone felt the City is making a statement that we do not welcome new businesses with progressive ideas.
M.~Bennett said the City has welcomed thousands of new businesses over the years; and denying this project shows O’Fallon is willing to protect its existing businesses. He said he has nothing against the petitioners or this business, and it would be welcomed to O’Fallon in a different location.
N.~Drolet said his schedule did not permit him to visit the Camp Bow Wow facility in Springfield, Missouri. However, he was able to view a great deal of information on the Internet regarding the franchise. His impression was that many of the facilities are, in fact, located in sparsely populated areas.
Additional comments were made with regard to O’Fallon welcoming new businesses to our city but this business not being an appropriate fit for its proposed location.
E.~True asked if a simple majority or a supermajority were needed for the motion to pass. Dale Funk stated he was unsure, since he had not had an opportunity to review it. He said if the attorney for the petitioner were correct in his earlier comments, only eight~(8) votes would be needed; if he were incorrect, ten (10) votes would be required.
ROLL CALL: R.~Reckamp, aye; J.~Mouser, nay; T.~Bequette, nay; A.~Medford, nay; M. Bennett, nay; D.~Renner, nay; J.~Boone, aye; N.~Drolet, aye; J.~West, nay; J.~Albrecht, nay; N.~Grogan, nay; M.~Schmidt, absent; E.~True, nay; B. Henry, aye. Ayes – 4; Nays – 9; Absent – 1. Motion failed. M. Schmidt returned to the meeting at 8:03 p.m.
2nd Readings
Motion was made by J. Mouser and seconded by D.~Renner to consider the Omnibus Rule for 2nd Reading Ordinance Items 28, 29, 30 and 32. All ayes. Motion carried.
ITEM 28 – Ordinance Approving the Final Plat of the Parcs at Arbor Green Phase I
ITEM 29 – Ordinance Approving the Final Plat of the Braeswood Trails, 1st Addition
ITEM 30 – Ordinance Approving the Final Plat of the Tuscany Trails Phase 1 Subdivision
ITEM 32 – Ordinance Authorizing Receipt of a Gift of Property from New Home Realty Development
Motion was made by J. Mouser and seconded by J.~West to approve 2nd Reading Ordinance Items 28, 29, 30 and 32.
ROLL CALL: J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; M. Bennett, aye; D.~Renner, aye; J.~Boone, aye; N.~Drolet, nay; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; B. Henry, aye; R.~Reckamp, aye. Ayes~–~13; Nays – 1. Motion carried.
Motion was made by J. Mouser and seconded by J.~West to approve 2nd Reading Ordinance Item 31.
ITEM 31 – Ordinance Amending Ordinance 623, Zoning, Illini Trails Subdivision
M.~Schmidt expressed her objection to new subdivisions until school impact fees have been discussed at the Council level.
ROLL CALL: 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, nay; E.~True, aye; B. Henry, aye; R.~Reckamp, aye; J.~Mouser, aye. Ayes~–~13; Nays – 1. Motion carried.
The Mayor recognized a boy scout from Troop 246 in the audience.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on March 27, and the minutes were included in the packets. There will be a special meeting on Thursday, April 7, at 6:30 p.m. for the school impact fees, and their next regular meeting will be April 10, 2006.
Public Works: A. Medford said their next meeting is scheduled for April 24, 2006, at 7~p.m.
Public Safety: E. True stated they have not met since the last City Council meeting. Their next 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 109.
Motion was made by J. West and seconded by R.~Reckamp to approve Warrant 109 in the amount of $577,967.54.
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.
Their next meeting is scheduled for April 24, 2006, at 5:30 p.m.
Parks/Environment: J.~Albrecht said their next meeting is scheduled for April 10, 2006, at 5 p.m. However, that meeting may be delayed because the bid openings for the park will be held on April 11; therefore, they may meet on April 12 or 13 so they can review and approve the bids.
EXECUTIVE SESSION: At 8:07 p.m. a motion was made by J.~West and seconded by A. Medford to go into Executive Session to discuss the sale or lease of City property. All ayes. Motion carried. Mayor Graham noted there would be a vote taken on Item~16 after Executive Session.
At 8:20 City Council members returned from Executive Session.
Motion was made by J. Mouser and seconded by E. True to approve 2nd Reading Ordinance Item 16.
ITEM 16 – Resolution Providing for Public Hearing Regarding 118 East Washington
ROLL CALL: 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; M. Bennett, aye. All ayes. Motion carried.
ADJOURNMENT:
Motion was made by D. Renner and seconded by M. Bennett to adjourn. All ayes. Motion carried.
The meeting was adjourned at 8:22 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
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