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City Council Minutes 6/4/2007

O’FALLON CITY COUNCIL
MEETING MINUTES
June 4, 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, present; Jerry Albrecht, present.  A quorum was declared present.

Regarding the minutes of May 21, J. Drolet noted that at the bottom of page 2, it should read, “N. Drolet said the City should move forward…” instead of “J. Drolet.”

Motion was made by J. Mouser and seconded by E. True to approve the minutes of the May 21, 2007, meeting as amended.  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.  Brian Kramer of Metro-Ag in Breese addressed the Council and stated his company has handled the work on O’Fallon’s wastewater treatment plant on the east side of town for the past several years.  However, their company was never notified about the bidding that took place in April.  He expressed his disappointment that they did not receive the common courtesy of being notified personally since they have done this work so many times and have saved the City quite a bit of money in the past.  J.~West asked Mr. Kramer how they found out about the bidding in the past.  Mr. Kramer said the City Engineer always notified them.  Mayor Graham told Mr. Kramer he would ensure that someone called him regarding this issue.   

Mr. Bob Bryce of 308 Nancy Drive addressed the Council regarding his concern with the detention pond next to his property becoming a dumping ground for rejected landscaping materials.  Mr. Bryce said he trims the trees in that area and calls the City to pick up the debris every now and then; however, nothing has been picked up for the past two or three months since he has last called.  Mayor Graham said someone would follow up with him.

REPORTS:

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

1.      Request from the O’Fallon Optimist Club to conduct a raffle for cash from June 4, 2007 – September 18, 2007

Motion was made by R. Reckamp and seconded by D. Polites to approve the request.  All ayes.  Motion carried.

2.      Request from Karen Clark to conduct a raffle at a benefit dance at the VFW Post~805 on June 16, 2007, for a vinyl shed

Motion was made by R. Reckamp and seconded by D. Polites to approve the request.  All ayes.  Motion carried.

Mayor’s Report:  

Mayor Graham recommended the appointment of Bill Kuzma to the Police Pension Board.  Motion was made by R. Reckamp and seconded by J. West to approve the appointment.  All ayes.  Motion carried.  

The Mayor said the proposed Aldermanic committee appointments were mailed out to Council members, and he asked them to call him with any concerns.  

Mayor Graham read a proclamation declaring June 9, 2007, as “Salute to Scott Appreciation Day.”  Colonel Tamara Rank accepted the proclamation and expressed her appreciation to our community for the support we extend to Scott AFB.  Mayor Graham encouraged everyone to join in the festivities beginning Saturday at 11 a.m. at the O’Fallon Community Park.

RESOLUTIONS:  

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

Motion was made by J. Mouser and seconded by J. West to approve Resolution Items~1-4 under the previous Omnibus Agreement.

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, 2007 – May 31, 2008

ITEM 2 - Resolution Authorizing the Mayor to Execute an Agreement with Pavement Constructors for the Parking Lot and Trail Sealing and Striping in the amount of $17,944

ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with Hoelscher Engineering for the Study of Fairwood Lake as a Stormwater Detention Facility as a cost not to exceed $34,800

ITEM 4 – Resolution Approving and Accepting a Subdivision of Land to be known as the Minor Subdivision of Central Park Plaza 4th Addition, 2nd Amendment

E. True said, regarding Item 3, he hopes the small pond on the south side of Wesley~Drive is included in this study, even though it is not part of the association.  Mayor Graham said a study has already been conducted on that pond; and the hope is that by using this as a detention pond, some of the problems with Engle Creek will be remedied.  The Mayor pointed out that the lake on the north side of Wesley Drive is privately-held property.  He explained that in order to use that lake to pick up the silt, etc., the City would have to take ownership of that property.  N.~Drolet said he thought a few years ago the City agreed to have an aerator system installed in the pond to help control the algae problem.  Mayor Graham indicated that, to his knowledge, that was not the case.  Regardless, the pond is currently silted in so there is nothing to aerate.     

ROLL CALL:  M. Schmidt, aye; E.~True, aye; 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.~West, aye; J.~Albrecht, aye; N.~Grogan, aye.  All ayes.  Motion carried.

Motion was made by J. Mouser and seconded by J. West to approve Resolution Item~5.   

ITEM 5 – Resolution Approving and Accepting a Subdivision of Land to be known as the Minor Subdivision of Shoppes at Green Mount, Lots 5 and 6

J. Mouser said he has concerns with the number of parking spaces and the reconfiguration of the lots.  He would like to see Item 5 moved back to committee to ensure there is adequate parking.  T.~Shekell stated they are short 50 parking spaces on the site; they plan to provide this parking on Lot 5A.  He described the two methods of solving this problem:  (1) with a condo association where all common elements will be under the association’s ownership, and (2) with an REA, which is a set of covenants that controls the ground and says all the parking is to be shared.  An REA is the owner’s preferred method; however, T. Shekell said D. Vogel has not yet reviewed this legal document.  T.~Shekell said the Council could approve this resolution subject to D.~Vogel’s review and acceptance.  A representative from Walpert Properties explained their reasons for wanting to use an REA.  Discussion continued regarding how to proceed.

Motion was made by J. Mouser and seconded by M.~Bennett to move Resolution Item~5 back to committee for further discussion.  All ayes.  Motion carried.

ORDINANCES:

1st Readings

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

ITEM 6 – Ordinance Amending Chapter 38, Section 38.05 regarding Inauguration Day

S. Engler raised discussion regarding Inauguration Day being locked into the month of May.  D.~Funk explained that, with the election being in April, it would be almost impossible for the canvassing to take place after the end of April.  The statute allows it to be extended until the month of June; however, it is so highly unlikely, that D.~Funk didn’t see the need.  

ROLL CALL:  E.~True, aye; 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.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M. Schmidt, aye.  All ayes.  Motion carried.

Motion was made by R. Reckamp and seconded by E. True to place on 1st Reading Ordinance Item 7.

ITEM 7 – Ordinance Amending Ordinance 3389, PUD for Frieze Harley-Davidson

J.~Mouser indicated he would be voting against this ordinance because he felt a wind turbine at Exit 16 would be unsightly with the hotels, conference center, etc. being built in that area.  M. Bennett said if this ordinance does pass, he would like to see some wording in Staff Recommendation #3 that would make the maximum height be from the base of the building to prevent it from ultimately being more than 65 ft. 3 in. because it was placed on a berm or utilized some other means or raising it even higher.  For Staff Recommendation #10, M. Bennett said he would like it to read, “The turbine and pole shall be removed…”  

S. Engler said he supports the wind turbine, but he will be voting against it because 14~residents in his ward have expressed their objection to it.  D.~Renner said there was an article in the O’Fallon Progress regarding aldermen voting on this issue, and he asked to go on record saying he does not base his decisions on whether or not he will get re-elected.  M. Schmidt stated she hopes the Council approves this ordinance, and she thinks everyone should be looking at alternative energy sources.  

ROLL CALL:  D.~Polities, aye; R.~Reckamp, aye; J.~Mouser, nay; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, nay; S.~Engler, nay; N.~Drolet, aye; J.~West, nay; J.~Albrecht, aye; N.~Grogan, aye; M. Schmidt, aye; E.~True, aye.  Ayes~_~10; Nays - 4.  Motion carried.

2nd Readings

Motion was made by J. Mouser and seconded by E. True to approve 2nd Reading Ordinance Item 8.

ITEM 8 – Ordinance Amending Ordinance 623, Zoning, Aldi Grocery Store (As Amended)

R. Reckamp expressed continued concern with traffic issues.  J.~Mouser said he didn’t have a concern with traffic since the Green Store also generated a lot of traffic in that area.  J.~Drolet said that since the first entrance has not been closed, as was discussed in Committee, he has concerns with semi-trucks using that first entrance and thus causing stacking problems.  Discussion ensued regarding traffic issues.  

ROLL CALL:  R.~Reckamp, nay; J.~Mouser, aye; J.~Drolet, nay; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, nay; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M. Schmidt, aye; E.~True, aye; D.~Polities, aye.  Ayes~_~11; Nays – 3.  Motion carried.

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

ITEM 9 – Ordinance Amending Ordinance 623, Zoning, Plaza Wine and Liquor Store

ROLL CALL:  J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M. Schmidt, aye; E.~True, aye; D.~Polities, 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 10.

ITEM 10 – Ordinance Amending Ordinance 623, Zoning, Regency Park South

ROLL CALL:  J.~Drolet, aye; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polities, aye; R.~Reckamp, aye; J.~Mouser, aye.  All~ayes.  Motion carried.

ITEM 11 – Ordinance Amending Chapter 52, regarding Water Rates, Section 52.080, 52.081, 52.082, and 52.083 (ON HOLD)

STANDING COMMITTEES:

Community Development:  J. Mouser stated they met on May 29, and three items came from that meeting.  

1.      Motion was made by J. Mouser and seconded by J.~West to approve the Special Event Request from National City Bank “Business After Hours RCGA” for a balloon ride at 1385 N. Green Mount Road on June 14, 2007, from 5:30 p.m. – 7:30 p.m.  All ayes.  Motion carried.

M. Bennett expressed concern with the safety of the balloon ride in the event of inclement weather.  It was noted they are licensed by the FAA and will not be launching the balloon except in suitable weather conditions.

2.      Motion was made by J. Mouser and seconded by J. Albrecht to approve the Special Event Request from Nissan for a National Tent Sale on June 15, 2007 – July 1, 2007 at the Nissan dealership from 8:30 a.m. – 8:30 p.m., Monday – Saturday.  All ayes.  Motion carried.

3.      Motion was made by J. Mouser and seconded by D. Polites to approve the Special Use Permit for the Starbucks Drive-thru on Central Park Drive.  All ayes.  Motion carried.

The next Community Development meeting is June 11, 2007, at 6:00 p.m.

Public Works:  A. Medford said they met on May 29, and their minutes are included in the packets.  Their next meeting will be June 25, 2007, at 7 p.m.  

Public Safety:  E. True said their next meeting would be June 11, 2007, at 7 p.m.  

Finance/Administration:  J. West stated they met before tonight’s meeting to discuss Warrant~137.  Motion was made by J. West and seconded by R.~Reckamp to approve Warrant~137 in the amount of $494,516.66.  

ROLL CALL:  A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; E.~True, aye; D.~Polities, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye.  All~ayes.  Motion carried.  Their next meeting will be June 25, 2007, at 5:30 p.m.

Parks/Environment:  J. Albrecht stated their next meeting is scheduled for June 11, 2007, at 5:30.  

EXECUTIVE SESSION:  None.

ADJOURNMENT:

Mayor Graham reminded everyone of Scott Appreciation Day on June 9, and D.~Renner noted that the dedication of the Becky Henry Pavilion at the new park would Saturday at 10:45 p.m.
Motion was made by D. Renner and seconded by N. Grogan to adjourn.  All ayes.  Motion carried.

The meeting was adjourned at 7:43 p.m.

                                                                Respectfully submitted by,


                                                                                        __________________________
                                                                Philip A. Goodwin, City Clerk

Minutes taken by
Sharon L. Wisely, Transcriptionist





 
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