O’FALLON CITY COUNCIL
MEETING MINUTES
June 5, 2006
The meeting was called to order at 7:02 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, excused; Mary Schmidt, present; Ed True, present; Becky Henry, present; Rick Reckamp, present; Jerry Mouser, present; Tom Bequette, present; Allen Medford, present; Michael Bennett, excused; Dennis Renner, excused; 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 E. True to approve the minutes of the May 15, 2006, meeting. All ayes. Motion carried.
PUBLIC HEARING:
1. Pre-Annexation Agreement with O’Fallon Development Group, LLC for approximately 5.09 acres located at the northeast corner of Old Collinsville Road and Rowe Lane (continued from May 15th meeting). Opened to the public at 7:04~p.m. Mayor Graham called three times for public input, but no one responded. The public hearing was closed at 7:05 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. Mark Fulford of Fulford Homes spoke in objection to the proposed school impact fees. He indicated the current system of funding the schools through property taxes is fair and seems to be working, as it has been for decades. He cited an article that stated new home sales nationally were off by approximately 29% in April and May; and he stated that in O’Fallon, building permits were off by 23% at the end of April as compared to last year. Mr.~Fulford noted that increased interest rates, increased fees and building standards in the City, and increased costs for building materials, are causing more homebuyers to be squeezed out of the market. He encouraged City Council members to vote “no” for the proposed fees.
Mr. Steve Engler of 312 Colleen Drive spoke of his discouragement and disappointment at the leadership of the Council, citing various fees and tax increases that have resulted over the past year and which are currently being considered. Mayor Graham thanked Mr.~Engler for his comments but stated he has been misinformed in a number of areas. The Mayor invited Mr. Engler to meet with him to discuss the information he presented.
REPORTS:
Clerk’s Report: City Clerk Phil Goodwin presented two requests:
1. Request from the O’Fallon Kiwanis Club to conduct a raffle from May 2006 – September 2006
2. Request from St. Nicholas Church to conduct a raffle from August 2006 – June 2007
Motion was made by R. Reckamp and seconded by J. Mouser to approve both requests. All ayes. Motion carried.
Mayor’s Report: Mayor Graham read the following proclamations:
1. Proclamation declaring the week of June 5 – June 9 as ”Emergency Medical Services Week”
2. Proclamation declaring June 10, 2006, as “Salute to Scott Appreciation Day,” which will be celebrated at the City Park
3. Proclamation declaring June 6, 2006, as “O’Fallon Township High School Air Force Junior ROTC Day”
The Mayor indicated this month’s Southwestern Illinois Council of Mayors meeting would be held on Thursday, June 22, at the Fairmont Race Track. Any Council Members wishing to attend should RSVP to Jamie by Monday, June 19.
RESOLUTIONS:
Motion was made by J. Mouser and seconded by J. Albrecht to consider the Omnibus Rule for Resolution Items 1-9. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by J. West to approve Resolution Items~1-9.
ITEM 1 – Resolution Ascertaining the Prevailing Rate of Wages for Laborers, Workmen, and Mechanics Employed by Contractors or Subcontractors in the Performance of Public Works Contracts from June 1, 2006 – May 31, 2007
ITEM 2 – Resolution Authorizing the Mayor to Execute an Agreement with Plocher Construction for the Security Upgrades for Public Works
ITEM 3 – Resolution Authorizing the Mayor to Sign a Resolution with the Illinois Environmental Protection Agency for the Public Water Supply Loan program for the New Elevated Water Tanks
ITEM 4 – Resolution Authorizing the Mayor to Sign a Resolution with the Illinois Environmental Protection Agency for the Public Water Supply Loan Program for the French Village Pump Station
ITEM 5 – Resolution Authorizing the Mayor to Execute an Agreement with Burns & McDonnell for Professional Services Associated with the Design of Two Elevated Water Storage Tanks (Phase One Environmental Assessment and a Reflection Seismic Survey of Underlying Soils and Bedrock) at a Cost not to exceed $21,100
ITEM 6 – Resolution Adopting an Updated Value as the Present Fair Market Value of an Acre of Land in the City for the Purposes of the Park Land and Educational Facilities Dedication Requirements
ITEM 7 – Resolution Authorizing the Mayor to Award Seasonal Decoration Bid to Temple Display in the Amount not to exceed $73,700.00
ITEM 8 – Resolution Authorizing the Mayor to Execute an Intergovernmental Agreement with the other Government Agencies to Organize the Southwestern Illinois Special Recreation Association
ITEM 9 – Resolution Authorizing the Mayor to Execute an Agreement with Fulton Group, LLC for Engineering Services
ROLL CALL: M.~Schmidt, aye; E. True, aye; B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye. All ayes. Motion carried.
ORDINANCES:
1st Readings
Motion was made by J. West and seconded by J. Albrecht to consider the Omnibus Rule for 1st~Reading Ordinance Items 10, 11, 13, 14, and 17. All ayes. Motion carried.
Motion was made by J. West and seconded by J. Albrecht to place on 1st Reading Ordinance Items 10, 11, 13, 14 and 17.
ITEM 10 – Ordinance Establishing a Home Rule Municipal Retailers’ Occupation Tax
ITEM 11 – Ordinance Establishing a Home Rule Municipal Service Occupation Tax
ITEM 13 – Ordinance Providing for the Issuance of General Obligation Refunding Bonds, Series 2006, Providing the Details of Such Bonds and for a Levy of Taxes to Pay the Principal of and Interest on Such Bonds, and Related Matters
ITEM 14 – Ordinance Approving a Variance for Parcs at Arbor Green Subdivision
ITEM 17 – Ordinance Amending Ordinance 623, Zoning, PUD known as “Shoppes at Green Mount – Lot 6”
R. Reckamp noted that Items 10 and 11 are not new taxes.
ROLL CALL: E. True, aye; B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, aye. All ayes. Motion carried.
Motion was made by J. West and seconded by J. Mouser to place on 1st Reading Ordinance Item 12.
ITEM 12 – Ordinance Establishing a Tax on the Sale of Food and Beverages Prepared for Immediate Consumption
Mayor Graham said this is a new tax but it does not apply to groceries. He indicated this is a 1% tax, and most of the money will come from individuals not living in O’Fallon.
R. Reckamp indicated residents in his ward have spoken out against this tax, and his vote will reflect their requests.
E. True said this tax will not apply to very small businesses, and Mayor Graham added that it would not apply to fraternal organizations.
M.~Schmidt asked to address Mr.~Engler’s concerns regarding this particular tax. She said this tax would prove to be an investment to the City and to Mr. Engler’s ward in particular, where the funds will be utilized. She said the redevelopment of that property would result in less traffic for that area.
N. Drolet spoke in opposition to the tax, to retailers being forced to open their books to the City, and to the substantial violation that can be imposed. J.~Mouser said any public business is subject to an audit at any time. Mayor Graham said the City would collect the tax from the state sales tax report and not by entering a business to view its books.
ROLL CALL: B.~Henry, aye; R.~Reckamp, nay; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; J.~Boone, nay; N.~Drolet, nay; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, aye; E. True, aye. Ayes – 8; Nays - 3. Motion carried.
ITEM 15 – Ordinance Amending Chapter 155, and Chapter 150, to Establish and Clarify Minimum Building, Construction and Design Requirements for Single-Family Dwelling Construction in the City and to Establish Temporary Regulations on Issuance of Certain Single-Family and Two-Family Dwelling Building Permits Pending Establishment of Different or Supplementary Permanent Regulations (Placed on hold.)
Motion was made by J. West and seconded by J. Mouser to place on 1st Reading Ordinance Item 16.
ITEM 16 – Ordinance Annexing Savannah Hills Property containing Approximately 5.09 acres
A. Medford said he still objects to this ordinance but stated it is probably better for the property to be in O’Fallon than not.
J. Albrecht raised discussion regarding the developer’s agreement to vary the front setbacks of this street. T. Shekell said this would be included in the annexation agreement at the next City Council meeting.
ROLL CALL: B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; J.~Boone, aye; N.~Drolet, nay; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, nay; E. True, aye. Ayes – 9; Nays - 2. Motion carried.
2nd Readings
Motion was made by J. Mouser and seconded by J. West to approve 2nd Reading Ordinance Item 18.
ITEM 18 – Ordinance Amending the Subdivision and Development Control Ordinance to Establish an Educational Facilities Dedication and Fee-in-Lieu Requirement (As Amended)
N.~Drolet expressed his support of the schools but his opposition of the school impact fees. He explained that a single-family detached house would pay $1,440 in school impact fees. For 330 houses, the impact fees would total approximately $500,000, with only $100,000 going to the high school. Since the school is looking to build a $40~million building, the school impact fees will mean practically nothing. He went on to explain how the impact fees will negatively impact the developers, new residents, and the City.
J. Mouser said the impact fees may assist the schools in the short-term, but he felt they would cause negative effects in the long-term.
ROLL CALL: R.~Reckamp, aye; J.~Mouser, nay; T.~Bequette, aye; A.~Medford, nay; J.~Boone, aye; N.~Drolet, nay; J.~West, aye; J.~Albrecht, nay; M.~Schmidt, aye; E. True, aye; B.~Henry, aye; Mayor Graham, aye. Ayes – 8; Nays - 4. Motion carried.
ITEM 19 – Ordinance Amending Chapter 155, and Chapter 150, to Establish and Clarify Minimum Building, Construction and Design Requirements for Single-Family Dwelling Construction in the City and to Establish Temporary Regulations on Issuance of Certain Single-Family and Two-Family Dwelling Building Permits Pending Establishment of Different or Supplementary Permanent Regulations (Emergency Reading) (Placed on hold.)
Motion was made by A. Medford and seconded by J. West to approve 2nd Reading Ordinance Item 20.
ITEM 20 – Ordinance Amending Chapter 78, Parking Schedules, Schedule I, No Parking Zones regarding Planters Crossing Drive
ROLL CALL: J.~Mouser, aye; T.~Bequette, aye; A.~Medford, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, 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 E. True to approve 2nd Reading Ordinance Item 21.
ITEM 21 – Ordinance Approving the Final Plat of the Del Ray Estates Subdivision
ROLL CALL: T.~Bequette, aye; A.~Medford, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, aye; E. True, aye; B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by E. True to approve 2nd Reading Ordinance Item 22.
ITEM 22 – Ordinance Approving the Final Plat of the Chesapeake Junction Phase II
ROLL CALL: A.~Medford, aye; J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, aye; E. True, aye; B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye. All ayes. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on May 22, and the minutes were included in the packets. Their next meeting will be June 12, 2006, at 6 p.m.
Public Works: A. Medford said they met on May 22 and have one motion coming from that meeting.
1. Motion was made by A. Medford and seconded by J. Mouser to approve the CY06 Resurfacing Program with Reese Construction in the amount of $27,640.35
ROLL CALL: J.~Boone, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, 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.
Their next meeting is scheduled for June 26, 2006, 7 p.m.
Public Safety: E. True stated their next meeting would be June~12, 2006, at 7~p.m.
Finance/Administration: J. West stated they met before tonight’s City Council meeting to discuss Warrant 113.
Motion was made by J. West and seconded by R. Reckamp to approve Warrant 113 in the amount of $723,699.60.
ROLL CALL: N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; M.~Schmidt, aye; E. True, aye; B.~Henry, aye; R.~Reckamp, aye; J.~Mouser, aye; T.~Bequette, aye; A. Medford, aye; J.~Boone, aye. All ayes. Motion carried.
Their next meeting is scheduled for June 26, 2006, at 5:30 p.m.
Parks/Environment: J.~Albrecht said their meeting scheduled for June 26 has been cancelled because there is nothing on the agenda.
EXECUTIVE SESSION: None.
ADJOURNMENT:
Motion was made by J. Mouser and seconded by J. West to adjourn. All ayes. Motion carried.
The meeting was adjourned at 7:48 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
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