 |
O’FALLON CITY COUNCIL
MEETING MINUTES
May 21, 2007
The meeting was called to order at 7:00 p.m. by Mayor Gary Graham, who then led the “The Pledge of Allegiance to the Flag.”
Philip Goodwin, City Clerk, called the roll: Nila Grogan, present; Mary Schmidt, present; Ed True, present; Dan Polites, present; Rick Reckamp, present; Jerry Mouser, present; John~Drolet, present; Allen Medford, present; Michael Bennett, present; Dennis Renner, present; Steve Engler, present; Ned Drolet, present; John West, excused; 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 7, 2007, meeting. All ayes. Motion carried.
PUBLIC HEARING: None.
RESIDENTS: Mayor Graham invited any residents of O’Fallon who would like to speak to the Council to step to the microphone. Mr. Sal Macaluso addressed the Council regarding a procedure being conducted by the City’s Zoning Office as a result of a building code amendment approved on 12/6/04. He expressed his disapproval of the amendment and explained the negative impact it is having on residents of the O’Fallon, specifically in a situation where he recently sold two duplex units and the City required they be inspected even though the tenants did not change. He stated the City’s Building Code Inspectors are interpreting the amended code to mean that any residential property that has not been inspected within the past three years must be inspected before ownership transfers or the
right to occupancy and public utilities will be withheld. Mr. Macaluso read the amendment’s definition of the term “change in occupancy” as follows: “a change in possession of a residential structure by way of rental, leaseholder, ownership or other manner of tenancy.” He submitted there is no change of possession resulting from a change of ownership when there are tenants involved, and he asked the Council to reconsider its policy in this matter.
Mayor Graham thanked Mr. Macaluso for his comments and invited him to attend the committee meetings where these issues could be addressed.
Mr. Bill Schaefer, general manager of Pet Dairy, spoke in opposition to the water rate ordinance, calling it a “discriminatory rate increase.” He noted the new rates would be a 27% increase to his business ($37,000 annually). He explained that Pet Dairy and Prairie Farms are the two largest water users in the City, and they are governed by the FDA and Illinois Department of Revenue to follow certain procedures for cleaning their tanks, pipes, and equipment on a daily basis. His company has taken many measures over the years to ensure they are conserving as much water as possible. Mr.~Schaefer’s main objection was to the tier grade structure. He explained it is set up so the largest user pays less than the smallest user in terms of a rate. The largest user pays 19% less
than the smallest user. However, he compared our tier grade structure to that of Belleville, Swansea, Granite City, East St. Louis, and Alton. In those cities, the rate for the largest user is 57% less than it is for the smallest user. In addition, that large user rate is 41% less than O’Fallon’s current large user rate – and O’Fallon is proposing to increase that rate even higher. He asked Council members to reconsider the proposed ordinance.
D. Polites said he was under the impression that O’Fallon’s water rates were in line with our neighboring cities. Mayor Graham said O’Fallon’s residential rates are lower than Shiloh and Belleville.
REPORTS:
Clerk’s Report: None.
Mayor’s Report: Mayor Graham said the City had met with post office officials for the purpose of cleaning up the addresses of O’Fallon residents who currently have a Lebanon, Caseyville, or Fairview Heights address. However, some Fairview Heights residents were sent the survey by the post office in error. The mailing caused a tremendous amount of confusion and concern for those residents. We have spoken to the residents who called and assured them that their zip code would remain the same.
Mayor Graham called for a moment of silence in memory of John West’s father, Dr.~West, who had passed away earlier that evening. The Mayor also requested prayers on behalf of the family of a City employee whose 16-year-old son died in a car accident last weekend.
RESOLUTIONS:
Motion was made by J. Mouser and seconded by A. Medford to approve Resolution Item 1.
ITEM 1 – Resolution Authorizing the Mayor to Execute an Agreement with FGM Architects for the Phase I Drawing Preparations for the First Bank Property Acquisition in an amount not to exceed $12,500
M. Schmidt expressed interest in seeing an inventory listing of all properties currently owned by the City, as well as the City’s long-range plan for property acquisition.
Motion was made by M. Schmidt and seconded by M. Bennett to move Item 1 to committee for further discussion.
Mayor Graham raised discussion regarding City Hall’s dire need for additional parking over the next several years. He said parking is available now at the First Bank across the street, but that will be gone soon if the City does not act. J. Drolet said the City should move forward with the purchase of the First Bank building for future expansion of City Hall, and he felt that losing the opportunity to purchase the First Bank building would be a significant setback for the City. Discussion was raised regarding this issue not being discussed earlier in committee.
ROLL CALL: M. Schmidt, aye; E.~True, nay; D.~Polities, aye; R.~Reckamp, nay; J.~Mouser, nay; J.~Drolet, nay; A.~Medford, nay; M.~Bennett, aye; D.~Renner, nay; S.~Engler, aye; N.~Drolet, nay; J.~Albrecht, nay; N.~Grogan, nay. Ayes – 4; Nays~–~9. Motion failed.
Regarding original motion to approve Resolution Item 1:
ROLL CALL: E.~True, aye; D.~Polities, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, nay; D.~Renner, aye; S.~Engler, nay; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, nay. Ayes – 10; Nays~–~3. Motion carried.
Motion was made by A. Medford and seconded by J.~Albrecht to approve Resolution Item~2.
ITEM 2 – Resolution Authorizing the Mayor to Execute an Agreement with Rhutasel and Associates, Inc. for Professional Services for Topographic Surveying and Design Support of a Storm Sewer Trunk Main in the Right-of-way of E. Adams and N. Penn Streets not to exceed $81,000
ROLL CALL: D.~Polities, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E. True, aye. All ayes. Motion carried.
Motion was made by A. Medford and seconded by E. True to approve Resolution Item~3.
ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with Merrell Brothers of Kokomo, IN for the South Sludge Lagoon Cleaning and Sludge Disposal in the amount of $97,482.00
R. Reckamp objected to Merrell Brothers not paying their employees prevailing wages. Mayor Graham said the next closest bid was $115,000. He noted that some City workers who, for example, mow the grass in the City parks, do not receive union (prevailing) wages. M. Bennett indicated the bid from Merrell Brothers does not state its employee wage rates, and the City cannot know if they are being paid fairly or not. However, these employees have chosen to work for this contractor at their agreed-upon rate. Discussion ensued regarding the City’s bidding process and if it had an obligation to choose bids based on prevailing wages.
ROLL CALL: R.~Reckamp, nay; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E. True, aye; D.~Polites, aye. Ayes – 12; Nays~–~1. Motion carried.
ORDINANCES:
1st Readings
Motion was made by J. Mouser and seconded by A. Medford to consider the Omnibus Agreement for 1st Reading Ordinance Items 4-6.
ROLL CALL: J. Mouser, aye; J. Drolet, nay. Roll call ceased with a “nay” vote. Motion failed.
Motion was made by J. Mouser and seconded by E. True to place on 1st Reading Ordinance Item 4.
ITEM 4 – Ordinance Amending Ordinance 623, Zoning, Plaza Wine and Liquor Store
ROLL CALL: J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by J. Albrecht to place on 1st Reading Ordinance Item 5.
ITEM 5 – Ordinance Amending Ordinance 623, Zoning, Aldi Grocery Store
R.~Reckamp expressed concern with traffic complications and said that since there will be no stop light at Highway~50. He expressed his concern that customers wanting to turn left onto Highway 50 will cut through Castle Acres mobile home park to access a traffic light. J.~Drolet said he agreed with R.~Reckamp and also expressed concern with future school bus traffic. He made two recommendations: (1) the first entrance to Aldi become an “exit only,” forcing customers to go further down on St.~Ellen Mine Road to enter the Aldi parking lot and thus eliminate stacking, and (2) make St. Ellen Mine Road a “right-only” entrance onto Highway~50. D.~Renner said he felt the addition of Aldi and the new turn lane would make it safer for the school buses in that area. He also noted Castle Acres
has already taken precautions for drivers wanting to cut through their subdivision with the addition of stop signs and speed bumps throughout their neighborhood. Discussion continued regarding various traffic concerns.
R.~Reckamp asked if it is illegal to use the center turn lane as a means to turn left and merge into Highway 50 traffic. Chief Betten said it is not illegal. The law is written that the center turn lane is to be used for motorists to enter and execute a left turn at the earliest convenience. O’Fallon police officers wrote tickets in the past when the center turn lanes were used more frequently than as designed. However, because of the vague nature of how the law is written, the courts have not allowed police to enforce a distance as being too far to drive in that lane before making a turn. It is, however, illegal to pass another vehicle in that lane; and they can enforce that law. He added that these lanes account for about 10% of the accidents in O’Fallon.
ROLL CALL: A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, nay; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, nay; J.~Mouser, aye; J.~Drolet, aye. Ayes – 11; Nays~–~2. 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 623, Zoning, Regency Park South
ROLL CALL: M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye. All ayes. Motion carried.
2nd Readings
Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Agreement for 2nd Reading Ordinance Items 7-11 and 13. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by N. Grogan to approve 2nd Reading Ordinance Items 7-11 and 13.
ITEM 7 – Ordinance Amending Ordinance 623, Zoning, development known as “Body of Christ Christian Church”
ITEM 8 – Ordinance Amending Chapter 52, Water, Section 52.090, Regarding Temporary Hydrant Meter Charge
ITEM 9 – Ordinance Authorizing the City of O'Fallon to Borrow Funds from the Public Water Supply Loan Program
ITEM 10 – Ordinance Amending Chapter 77, Traffic Schedules Regarding Windsor Creek
ITEM 11 – Ordinance Annexing Crest Estates Subdivision
ITEM 13 – Ordinance Approving the Final Plat of Savannah Hills Park
ROLL CALL: D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by A. Medford to approve 2nd Reading Ordinance Item 12.
ITEM 12 – Ordinance Approving the Final Plat of Crest Estates Subdivision
ROLL CALL: S.~Engler, nay; N.~Drolet, nay; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, nay; E.~True, aye; D.~Polites, aye; R.~Reckamp, nay; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye. Ayes – 9; Nays~–~4. Motion carried.
Motion was made by A. Medford and seconded by J. Mouser to approve 2nd Reading Ordinance Item 14.
ITEM 14 – Ordinance Amending Chapter 52, regarding Water Rates, Section 52.080, 52.081, 52.082, and 52.083
N.~Drolet said he was previously in favor of this ordinance. However, after hearing the comments made earlier, N. Drolet said he did not feel Mr. Schaefer had the opportunity to present his objections to the committee; and being one of the City’s biggest employers, he felt Pet Dairy deserved the opportunity to be heard.
Motion was made by N. Drolet and seconded by R. Reckamp to send Item~14 back to committee for further review and comments from Mr. Schaefer.
M. Bennett asked if there were any statutory requirements for this rate increase. D.~Sullivan said, “no.”
ROLL CALL: N.~Drolet, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M.~Bennett, aye; D. Renner, nay; S.~Engler, aye. Ayes – 11; Nays~–~2. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on May 14, and three items came from that meeting. Motion was made by J. Mouser and seconded by J.~Albrecht to approve the following three requests:
1. Special Event request from the American Cancer society “Relay for Life” to be held from June 22 at 7:00 p.m. – June 23 at 7:00 a.m. at OTHS
2. Special Event request for the Youth Quake (CFC) 2007 to be held on June 22 from 8:00 a.m. – 8:00 p.m. at the Community Park
3. Special Event request for the Keller Farms Sweet Corn Stand from June 9 – August~31 at 1790 W. Hwy 50
All ayes. Motion carried.
The next Community Development meeting is May 29, 2007, at 5:30 p.m.
Public Works: Motion was made by A. Medford and seconded by J. Mouser to authorize LW Contractors to eliminate the hazard to the sewer line at the Braeswood Sanitary Sewer Flyover on an emergency basis at a cost not to exceed $25,000
J. Drolet asked if they were putting a road in for the $25,000 or were they just removing debris. D.~Sullivan said a gated, gravel access road will be constructed and debris will be removed.
ROLL CALL: J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; S.~Engler, aye; N.~Drolet, aye. All ayes. Motion carried.
Public Safety: E. True said they met on May 14, 2007, and their next meeting will be June 11, 2007, at 7 p.m.
Finance/Administration: A. Medford stated they met before tonight’s meeting to discuss Warrant~136, and it would be separated into three parts. Motion was made by A. Medford and seconded by R.~Reckamp to approve Warrant~136 in the amount of $1,038,543.71.
ROLL CALL: N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye. All ayes. Motion carried.
Motion was made by A. Medford and seconded by R. Reckamp to pay Gifts for Individuals in the amount of $964.93.
M. Bennett said that since there are now two aldermen who are part of this same company from which the City purchases items, he no longer feels comfortable with this practice and cannot support it.
ROLL CALL: M.~Schmidt, aye; E.~True, aye; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, abstain; A.~Medford, aye; M.~Bennett, nay; D. Renner, aye; S.~Engler, aye; N.~Drolet, abstain; J.~Albrecht, aye; N. Grogan; aye. Ayes – 10; Nays–1; Abstains – 2. Motion carried.
Motion was made by A. Medford and seconded by J. Albrecht to issue a refund of $75.00 for unused park services.
S.~Engler asked if refunds are generally given. E. True explained the refund goes to his wife on behalf of the Women’s Club, and it was for a cleaning deposit she made that was not used in its entirety.
ROLL CALL: E.~True, abstain; D.~Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D. Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~Albrecht, aye; N. Grogan; aye; M.~Schmidt, aye. Ayes – 12; Abstains~– 1. Motion carried.
Parks/Environment: J. Albrecht stated they met last week at the new park, and he encouraged everyone to visit the park via the Obernuefemann entrance. Their next meeting is scheduled for June 11, 2007.
EXECUTIVE SESSION: None.
ADJOURNMENT:
Motion was made by R. Reckamp and seconded by D. Polites to adjourn. All ayes. Motion carried.
The meeting was adjourned at 8:00 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
| |
