O’FALLON CITY COUNCIL
MEETING MINUTES
July 2, 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.
Motion was made by J. West and seconded by E. True to approve the minutes of the June 18, 2007, meeting. All ayes. Motion carried.
PUBLIC HEARING: None.
RESIDENTS: Mayor Graham explained that the presentations for 1st Reading Ordinance Item 5 on the rezoning of Creekside Promenade would occur during this portion of the agenda. He recommended the City present first, followed by the developer, and finally the citizens group. No one objected to this format.
T. Shekell presented an overview of the project on behalf of the City. He stated this is a project proposed by Gerard Grewe at the corner of Kyle and Lincoln. The applicant requests to rezone 8 acres to B-1(P), with the remaining 13 acres to be left undeveloped. The 8 acres will be developed into a retail center consisting of a bank; a drugstore; and three separate shopping centers of 5,000 sq. ft., 9,000 sq. ft. and 10,000~sq. ft. Suggested retail stores include a coffee shop, deli, dry cleaners, dentist, insurance agency, etc. There will be two access points from addressStreetKyle Road and one from addressStreetN.~Lincoln Avenue with a roundabout drive in the middle of the development. Other features of the development include a wet detention pond with a fountain, several pieces of
scripture throughout the development, and residential-type architectural features (cultured stone, brick, EIFS, mullioned windows, wooden shutters, a walk-through tower, and carriage lighting).
The adjacent property to the north and west of the development is single-family. To the east is unincorporated territory, 150 acres of which is protected by a conservation easement. Across addressStreetKyle Road to the south and southwest is the new Presbyterian Church site, Illini Trails subdivision, and Edward Fulton Jr. High School. T.~Shekell pointed out the riparian corridor and stated it is being preserved except for one slight intrusion. He displayed various elevations and described the proposed signage.
T. Shekell summarized the key issues relating to variances as follows:
1. The Comprehensive Plan has designated this land as Neighborhood Commercial since 2001. A Neighborhood Commercial intersection is limited to 40,000 sq. ft. and 8 acres of development. The Plan also states that any quadrant of the intersection should have no more than 15,000 sq. ft. and 4 acres of development. The applicant is requesting a variance from this limitation.
2. The applicant is seeking relief from the zoning code with regard to the slight intrusion being made on the riparian corridor.
3. Also, the zoning code requires a buffer yard of a berm and/or a fence between any commercial development that backs up to residential. The applicant requests relief from this requirement because there is already a natural tree buffer to which they will also add some evergreens.
Presenting second was Mr. Tom DeNomme of GJ Grewe and Lincoln & Kyle LLC, as well as several of his consultants. Mr. DeNomme stated the projected cost of this project is $7 million. It will provide 120 short-term construction jobs and approximately 160 permanent jobs. Sales taxes generated from the development are estimated to be $900,000, and real estate taxes are estimated to be $250,000 - $300,000.
Mr. DeNomme stated the City of placeCityO’Fallon is growing, and retail is needed on the north end of town. He presented a history of the project and stated this property has been earmarked for retail or a retail-service component from as early as 1993. He explained how this development will add to the quality of life in the north section of O’Fallon. In rebuttal to comments made by various citizens suggesting this development would increase crime in this area, Mr. Mark Hefferman was asked to comment. Mr. Hefferman is a retired placeCityBelleville police officer who has also been involved in private security for the past 14 years. He stated he has reviewed the development plans and visited the project site, and feels this development will have no negative impact on this part of the
community with regard to crime.
Mr. Bill Bunte of Crawford, Bunte, and Brammeier commented on how this development would impact traffic. Mr. Bunte said his company conducted a study in 2003 and looked at the following questions: (1)~How much traffic is currently on addressStreetLincoln Avenue, (2) How much will that traffic increase a result of this project, and (3)~Can Lincoln Avenue handle the traffic increase. Mr. Bunte said addressStreetLincoln Avenue can handle between 10,000 and 15,000 vehicles per day. An updated traffic count was conducted in April, 2007, which showed a current usage of 4,500 vehicles per day on addressStreetLincoln Avenue. This development will add an estimated 1,700 additional vehicles per day on addressStreetLincoln Avenue, for a total of 6,200 vehicles per day. This equates to a 40-50
percent of the capacity of addressStreetLincoln Avenue to handle this traffic.
Mr. DeNomme displayed some photographs previously presented by the citizens that depicted trash on various GJ Grewe developments, and he gave rebuttals of these accusations. In one instance, the property had been sold earlier this year and was not currently owned by GJ Grewe. In a photograph showing illegal dumping, Mr.~DeNomme stated this is actually an adjacent property not owned by GJ Grewe. Mr.~DeNomme explained that the photographs of rat traps are from retail shops that have grease traps – the health department requires rat traps in these areas. None of the proposed retail shops at this development will have a grease trap.
Mr. Mike Rosborg of Hoelscher Engineering explained how the site plan shown by the citizens during the Community Development meeting was distorted and, therefore, implied the development is much closer to the residential subdivision to the north. In reality, there is approximately 350 ft. from the rear of the north building to the nearest house. Mr. Rosborg briefly noted the discrepancy between the City’s understanding and the developer’s understanding of the location of the riparian corridor.
Mr. Skip Kincaid, the forester for this project, commented on some of the citizen photographs of erosion that has taken place along the creek. One picture showed erosion on the south side of the property (on private property) that is about 20-25~ft. above the creek bed, and Mr. Kincaid said this is not a result of backup water or water-formed erosion. It is soil that is very prone to erosion and that is located on a steep slope, and sites like that will erode naturally. He indicated there are some vegetative enhancements that can be done to help this problem. He also displayed a photograph where the creek runs under addressStreetLincoln Avenue. A site inspection by Mr.~Kincaid revealed a lot a material being dumped along the creek such as yard waste and twigs, which could be creating
some erosion on these lower elevations. He noted this appears to be private property running along the rear of Lots 20-23.
Mr. Rosborg displayed another photograph presented earlier by the citizens that showed a flooded cul-de-sac located in the residential subdivision behind the proposed development, implying this development would add to the flooding issues. He explained that in order for this development to make the flooding worse, the creek would have to get about 35-40 ft. deep to cause the storm sewers in this area to back up. He stated this would be hydraulically impossible for this development to cause the flooding problems shown in the photograph.
E. True asked if this development could cause flooding problems downstream. M.~Rosborg said any development has the potential of adding to problems downstream of a creek. However, the best method of deterring any runoff from the site is via a lake, such as this project is utilizing.
Mr. DeNomme said they are proposing hours of operation to be 6 a.m. to 11 p.m. with the option of a 24-hour prescription drugstore drive-through, as well 24-hour urgi-care if they able to attract such a tenant.
The project architect, Mr. Max Nall of M2 Architects compared this development to the GJ Grewe retail strip mall located in placePlaceNameWatson PlaceTypePlaza because this is what the residents have been using as a comparison. He noted placePlaceNameWatson PlaceTypePlaza is truly a strip mall with a continuous row of retail shops, no trees located on the site, etc. He and Mark Gettemeier (another project architect) pointed out various details that are not included in the placePlaceNameWatson PlaceTypePlaza development such as sculptures, the layout of multiple buildings instead of one continuous building, the use of residential-type materials, the abundant green space, etc.
In summary, Mr. DeNomme stated that only 1.2 percent of the O’Fallon population is against this project. Mayor Graham asked if the project could go forward with the hours of operation only being 6 a.m. to 11 p.m. Mr. DeNomme said they are comfortable with 6 a.m. to 11 p.m., but they would also like the option to be able to offer 24-hours to the drugstore prescription drive-through and possibly an urgi-care facility tenant. However, they understand they would need to come back to the City to get a variance for these 24-hour options.
Mr. Dave Crane and Mr. Howard Dietrich made a presentation on behalf of the citizens against the project. The petitions that had been collected were submitted for the record. Mr. Crane said they wanted to address three issues: (1) Is this convenience really necessary? (2) Is it worth the benefits? And (3) Do the people in the north section of O’Fallon really want it?
Mr. Crane said although the engineering and the modeling may be sound, he expressed uncertainty as to whether or not everything will go in and perform as designed. He stated that he has seen the erosion along the creek first-hand, and it only makes sense that it will increase when the property in question is covered in asphalt and concrete. He stated that, contrary to expert opinions, he believes this development will cause storm water issues downstream. He noted the owners of the conservation easement property received the same kind of expert opinions, yet they are experiencing similar problems on their property.
Mr. Crane agreed the project looks great; however, he reminded the audience that it is owned and operated by imperfect people. He displayed photographs of other Grewe properties and stated that, while they were not the operators and producers of the problems, they are responsible for what happens at the retail sites. The photographs showed open trash cans, trash cans overflowing, trash being blown throughout the adjoining properties, illegal dumping in the riparian corridor, etc.
Mr. Dietrich showed photographs of rat traps and leaking grease traps on Grewe properties, and he indicated all retail developments will undoubtedly attract rodents. He brought up the issue of traffic increasing on addressStreetLincoln Avenue by about 2,000 vehicles and raising its capacity to 40-50 percent. Mr. Dietrich stated that he spoke with the county engineer who said the access onto addressStreetLincoln Avenue is dead because there are two accesses on addressStreetKyle~Road; therefore, all the addressStreetLincoln Avenue traffic will be using addressStreetKyle~Road.
Mr. Dietrich said he spoke with Police Chief Betten who confirmed there will be more calls to this area since they receive more calls to commercial districts than residential districts. He expressed concern that this development will provide a gathering place for teens, and he spoke on the increased potential for crime in this area. He also suggested this development will increase the safety risk for children with regard to potential abductions, unattended propane tanks, open grease pit, rat traps, etc.
Mr. Dietrich listed the various retail shops that are part of Grewe development, and he noted 23 shops are currently vacant. He suggested most of these could be considered “low end” shops, instead of the “upscale” shops Grewe has promised for this new development. He stated there are only four letters of intent from tenants in this development; the other tenants are unknown. Mr.~Dietrich suggested this will not be new businesses coming to O’Fallon but rather existing businesses just migrating north. Regarding the $900,000 anticipated sales tax revenue, he indicated the consumers will not be spending additional money at these retail shops but merely spending their money closer to home instead of where they used to shop in O’Fallon.
Mr. Dietrich referred to the petitions entered earlier for the record and said they contain 345 signatures from residents who are against this project. J.~West said he has talked to many residents over the past four days, being careful to stay at least four blocks away from the future development, and at least 90 percent of the people he spoke to did not feel this type of development was needed on the north end of town. He also said 82 percent of the emails he received were in opposition.
Mr. Dietrich said people have moved to the north end of town to be away from retail. They are not against all development on this site, just commercial development.
N.~Drolet asked if there are any plans for a traffic light at the intersection of Kyle and Lincoln; and if so, will this developer have to contribute to the cost of the traffic light. The Mayor and T. Shekell said a traffic light is not planned because the current traffic and proposed traffic volumes do not warrant one.
Mayor Graham asked Chief Betten to speak on the issue of crime and traffic in connection to this development. Chief Betten said commercial areas demand more police service than a residential area; however, that demand for service has to do more with providing services than dealing with crime. About 90 percent of the calls in a commercial district are service-related. He said he looked at the number of calls made to our local CVS Pharmacy and Walgreens, and they have had a significant number of calls for service; however, he noted there are more calls for service at placePlaceNameHesse PlaceTypePark. He pointed out that a large church in town has almost as many service calls as either CVS or Walgreens. Chief~Betten said he finds it hard to believe that this commercial development would turn
into a high-crime area.
J. Mouser raised discussion regarding the possibility of the addressStreetLincoln Avenue access not materializing. T.~Shekell explained this is a county road, and the county would have to take a request for an entrance on addressStreetLincoln Avenue. Mr. DeNomme said a request will not be made unless the project passes City Council. If the project is approved, it will go into the final design process which will include all the new traffic studies and the submittal to St. Clair County for the access. Mr.~DeNomme said they have not been led to believe by anybody that they cannot achieve the addressStreetLincoln Avenue entrance.
Mayor Graham asked if this commercial development is too close to a school for the safety of our children. Chief Betten said children are vulnerable no matter where they are, but he did not see this development having a realistic impact on the children at Fulton Jr. High or anywhere else in town.
Mayor Graham invited anyone else to speak regarding Creekside Promenade. The following people provided input:
Lauren Domar (last name was inaudible) stated she lives on the south side of addressStreetKyle~Avenue, and she expressed concern with traffic.
Bobby Henderson said the residents do not want this development, and he suggested the developer go elsewhere.
Dean Conners stated the development will create short-term jobs and will not benefit our community in the long run. There are no assurances that local builders will be employed. The 160 permanent jobs will most likely be minimum wage positions and not necessarily for O’Fallon residents. The money will not all stay in our community. Finally, he stated GJ Grewe is an outside firm with no ties to our community.
Rob Goodrich said he came tonight as an undecided vote; but after hearing the presentations, he is now in favor of the project. He noted that Chief Betten does not believe this development will increase crime. The Comprehensive Plan has this property zoned neighborhood commercial. He also noted there is property for sale at the corner of his neighborhood of Deercreek and Lincoln that will eventually become a commercial development. He stated he had a problem with the misrepresentation made by the citizens group with their photographs. He noted the rat traps that were shown are required by city ordinance; and he told the residents we all have raccoons, skunks, opossums, etc. roaming our yards.
Another resident, whose name was inaudible but who stated he lives at 214~Hodgens Mill, expressed concern with traffic. He also stated he works for FedEx in placeCityMemphis but chooses to live in O’Fallon for the sake of his family. He commutes to placeCityMemphis 2-3 times per month.
Dinah Scott spoke in favor of the project and expressed disappointed with residents who are in favor but hesitant to speak out due to repercussions from neighbors. She stated this property has been on the Comprehensive Plan as neighborhood commercial since 2001. She said when she moved to north O’Fallon she expected development to continue to move into the northern part of town. She did not move there to get away from commercial development; she simply could not find an existing home in O’Fallon to meet her family’s needs. She agreed steps should be taken to ensure the riparian corridor is not affected negatively, and she agreed corrective action should be taken if any problems arise. She also said she believes GJ Grewe will take every precaution necessary to
ensure this is a successful development. She suggested traffic concerns could be negated by the residents walking or biking to the development. Ms. Scott said with services closer to the neighborhood, residents would drive less, thus saving on fuel costs and on vehicle wear and tear. In response to the safety issue of this development being near Fulton Jr. High School, Ms. Scott noted that Marie Schaefer School and OTHS are located right on Highway 50.
Mike Lewis of Highland Estates Drive off of Deercreek spoke in opposition to the project. He asked the Council what the studies have shown to be the long-term effects on property values near commercial developments. He asked what the studies have shown regarding the need for improvements on addressStreetLincoln Avenue without commercial developments. Regarding the convenience of services at this new development, Mr. Lewis stated he can drive to Hart’s to get a Starbuck’s coffee, and the additional travel time will not make a significant difference. He asked what the studies have shown regarding increased traffic accidents with similar commercial developments. He said with placePlaceNameMoye PlaceTypeSchool located on addressStreetSeven Hills Road, Deercreek is a
high-traffic area for vehicles traveling from addressStreetLincoln Avenue to addressStreetSeven Hills Road. He asked how the Council planned to alleviate the increase in traffic that will result from this new development. Finally, he asked what the studies have shown about how the residents in north O’Fallon feel about this development and how they will be affected.
Jean (last name inaudible) noted that the developer has asked for relief on the landscaping and berm. She asked the Council to be cautious with regard to the aesthetics of the development and ensure the community remains intact.
Susan Shaw of Deercreek and addressStreetWinding Creek Court stated she has a son with Down’s Syndrome, and although they have taken every precaution to keep him in the house and the yard, he still finds ways to get out of the yard. With her yard backing up to addressStreetLincoln Avenue, she expressed concern with her son’s safety given the added traffic that this development will bring.
Howard Dietrich spoke again stating that of the 10,000 residents in the immediate vicinity of this development, he projected 9,000 are against the project.
o
REPORTS:
Clerk’s Report: City Clerk Philip Goodwin presented two requests:
1. Request from St. Nicholas Church to conduct a raffle from August 2007 – June 2008. ~They are raffling $100 cash on a weekly basis.
2. ~ Request from Adopt-a-Pet No-Kill Animal Shelter to conduct a raffle from July 2 – July 20, 2007. ~They are raffling a $200 gift basket.
Motion was made by J. Mouser and seconded by N. Grogan to approve the requests. All ayes. Motion carried.
Mayor’s Report: Mayor Graham recommended the appointment of Raymond Holden to the Planning Commission. Motion was made by J. Mouser and seconded by D.~Renner to approve the appointment. All ayes. Motion carried.
The Mayor declared the month of July as Recreation and Parks month in O’Fallon. July~16 will be the opening of the new placePlaceNameFamily PlaceNameSports PlaceTypePark, and there will be a free swim on July 13 from 6:30 – 9 p.m.
A gentleman in the audience (Mr. Witherspoon) asked if there were plans to have basketball courts in the new placePlaceNameFamily PlaceNameSports PlaceTypePark. The Mayor said the park will have basketball courts, but it has not yet been decided where they will be located. He invited Mr.~Witherspoon to attend the next Parks and Environment committee meeting on Monday, July 9, at 5:30 in the Mayor’s Conference Room.
Mayor Graham said about 200 residents have attended meetings at the placePlaceNameCavins PlaceTypeCenter recently regarding taxes. He indicated 40 percent of O’Fallon residents have not yet filed for the Homestead Exemption, which is worth approximately $350. He encouraged everyone to check their tax bill to see if they have the Homestead Exemption.
RESOLUTIONS:
Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Agreement for Resolution Items 1-4. All ayes except for one (S.~Engler). Motion failed. S.~Engler requested Item 3 be excluded.
Motion was made by J. Mouser and seconded by D. Renner to consider the Omnibus Agreement for Resolution Items 1, 2, and 4. All ayes. Motion carried.
ITEM 1 – Resolution Approving the Release of Executive Session Minutes
ITEM 2 – Resolution Recommending Schedule B of the Executive Session Minutes Not
be Release Because the Need for Confidentiality Still Exists
ITEM 4 – Resolution Authorizing the Director of Finance to Secure Lease Purchase Agreement for Vehicles for FY 2007/2008
Motion was made by J. Mouser and seconded by J. West to approve Resolution Items~1, 2, and 4 under the previous Omnibus Agreement.
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 J. Mouser and seconded by J. Albrecht to approve Resolution Item~3.
ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with Professional Service Control with Applied Ecological Services
S. Engler asked why the City is paying $11,380 for this company to come in and provide assistance to developers, residents, and City administration employees. T.~Shekell explained that the City took a new concept of conservation subdivision design to developers, which is a new way of looking at how you design and develop residential subdivisions in concert with nature. The team being brought in consists of nationally-known experts on this topic. T. Shekell said this will be an educational forum for City Council and Planning Commission members, as well as developers and their engineers. The forum will include a test project at the corner of Old Collinsville and Milburn School Roads. This was a subdivision the Council approved a few years ago that fell through, and the City has contacted the developer suggesting
there may be a different way to build the subdivision now using the conservation subdivision concept that will save the developer money and the City a lot of money long-term on infrastructure. T.~Shekell said if the developer chooses to build the conservation subdivision, part of our $11,380 fee will be reimbursed by the developer. Discussion ensued regarding the benefits of a conservation subdivision, and specifically this subdivision at Old Collinsville and Milburn School Roads. S.~Engler indicated he objects to the forum unless the City would be reimbursed for the fee by the developers, and he commented that the City could use the $11,380 to maintain the retention ponds in the City that are currently being neglected.
ROLL CALL: J. Mouser, aye; J.~Drolet, aye; 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; R.~Reckamp, aye. Ayes – 13; Nays – 1. Motion carried.
ORDINANCES:
1st placeCityReadings
Motion was made by J. Mouser and seconded by R. Reckamp to place on 1st Reading Ordinance Item 5.
ITEM 5 – Ordinance Amending Planned Use Rezoning on Creekside Promenade
J. West raised discussion regarding the Comprehensive Plan only allowing 4 acres and 15,000 sq. ft. for each quadrant developed in a neighborhood commercial district. He suggested some residents may have bought their homes with that knowledge, and now the City is changing the rules.
N. Drolet said since this is a “T” intersection, only two quadrants can actually be developed for a combined total of 30,000 sq. ft.. He expressed concern that a traffic study has not yet been conducted for this project.
E. True asked if the proposed property would support a structure of 40,000~sq.~ft. T.~Shekell said the 8 acres being developed would handle the 40,000 sq. ft. project. He said the Council must decide if the project merits going against the Comprehensive Plan’s limits of 15,000 sq. ft. and 4~acres.
A. Medford said it is his understanding that a traffic study would not be conducted until after the project is approved. Then, if the results show a traffic light or turn lanes are warranted, the developer would be responsible for at least part of the cost. He also noted that the Comprehensive Plan is just that – a plan. If it had to be followed to the letter, it would be an ordinance instead.
J. West and M. Bennett both expressed concern with the proposed hours of operation, in particular the 24-hour operation. Mayor Graham stated the developer is asking for 6~a.m. to 11 p.m. with future consideration for 24-hours for a prescription drug drive-through and an urgi-care facility. Mr. DeNomme confirmed they would go forward tonight without approval of the 24-hour operation. T.~Shekell said specific hours of operation are not noted in the Comprehensive Plan; however, the intent is for the development to be neighborhood compatible. The hours of operation along addressStreetHartman~Lane have consistently been 6 a.m. to 11 p.m.
E. True indicated residents in his ward (which is also in the north part of town) have expressed their desire to have some neighborhood commercial in that part of town.
D.~Renner pointed out that it might be better to work with the developer to make this the best development possible instead of fighting them in court and possibly losing.
J.~Drolet asked if this development can sell alcohol. T.~Shekell said neighborhood commercial currently does not restrict the sale of alcohol, but a provision can be included in the ordinance that bans the sale of alcohol. J.~Drolet asked if the project would stop if a placeCityLincoln access point cannot be obtained. Mr.~DeNomme responded, “yes.” D.~Funk also confirmed that if a placeCityLincoln access is a condition of the ordinance and it cannot be obtained, the project would fail. M.~Schmidt reinforced what D.~Renner said about having the opportunity to work with the developer now instead of possibly facing a lawsuit in the future.
Motion was made by M. Bennett and seconded by D. Renner to include an hours of operation restriction from 6 a.m. to 10 p.m.
A. CityplaceMedford asked why restrict the hours to 10 p.m. when the hours of operation along addressStreetHartman~Lane are permitted until 11 p.m.
ROLL CALL: R. Reckamp, nay; J. Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, aye; J.~West, nay; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, nay; E. True, nay; D.~Polities, nay. Ayes~– 8; Nays – 6. Motion carried.
Motion was made by J. Drolet and seconded by N. Drolet to prohibit alcohol sales in any establishment at this location, including open and packaged liquor.
Discussion was held regarding the required amount of distance from businesses selling alcohol and other buildings.
ROLL CALL: D. Polites, aye; R. Reckamp, nay; J. Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M.~Bennett, nay; D.~Renner, nay; S.~Engler, nay; N.~Drolet, aye; J.~West, aye; J.~Albrecht, nay; N.~Grogan, nay; M.~Schmidt, nay; E. True, nay. Ayes–5; Nays – 9. Motion failed.
Motion was made by J. West and seconded by J. Mouser to allow no more than 4~acres or 15,000 sq. ft. of development on this corner.
R. Reckamp asked if the restriction of 15,000 sq. ft. would effectively kill the development. Mr. DeNomme indicated that restricting the project to 15,000~sq.~ft. would make it economically unfeasible and the project would not go forward.
ROLL CALL: M. Schmidt, nay; E. True, nay; D. Polites, nay; R. Reckamp, nay; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M.~Bennett, nay; D.~Renner, nay; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye. Ayes–7; Nays – 7. Motion failed.
Motion was made by J. West to amend and restrict the hours of operation to be 6 a.m. to 9~p.m. Motion failed for lack of a second.
Mayor Graham summarized the comments made, concerns voiced, and the variances being requested.
Motion was made by J. Mouser and seconded by R. Reckamp to approve 1st Reading Ordinance Item 5 as amended.
ROLL CALL: J.~Drolet, nay; A.~Medford, aye; M.~Bennett, aye; D.~Renner, aye; S.~Engler, nay; N.~Drolet, nay; J.~West, nay; J.~Albrecht, nay; N.~Grogan, nay; M.~Schmidt, aye; E. True, aye; D. Polites, aye; R. Reckamp, aye; J.~Mouser, aye. Ayes~–~8; Nays – 6. Motion carried.
2nd placeCityReadings
Motion was made by E. True and seconded by J. Albrecht to approve 2nd Reading Ordinance Item 6.
ITEM 6 – Ordinance Requiring a Register be Maintained at all Hotels, Motels, Lodging Houses, and Rooming Houses (As Amended)
M. Bennett asked what for clarification on the changes. Chief Betten said the two primary changes were that the hotels only need to identify the individual registering for the room (not all the guests), and the language was amended to say they were only required to provide information to an O’Fallon police officer or to another law enforcement officer at the direction of the O’Fallon Police Department.
N. Drolet said the paragraph of exceptions was very long and confusing, and he stated the ordinance would cause a burden on the hotels.
Motion was made by N. Drolet and seconded by J. Drolet to send Item 6 back to committee for further review.
J. Drolet pointed out that the Public Safety committee has only had one opportunity to review the ordinance. He expressed concern with no specificity on time that the records need to be kept open.
ROLL CALL: A.~Medford, aye; M.~Bennett, nay; D.~Renner, nay; S.~Engler, nay; N.~Drolet, aye; J.~West, aye; J.~Albrecht, nay; N.~Grogan, aye; M.~Schmidt, nay; E. True, nay; D. Polites, nay; R. Reckamp, nay; J.~Mouser, nay; J. Drolet, aye. Ayes~–~5; Nays – 9. Motion failed.
D. Renner asked Chief Betten if he was satisfied with the way the ordinance is moving forward, and he replied, “yes.” Chief Betten explained how the language came about for the exceptions paragraph mentioned earlier by N. Drolet, and he explained the meaning of that paragraph. Chief Betten also indicated three years is the generally-accepted practice for retaining business records; however, they wanted to leave that decision up to the discretion of the various establishments.
Regarding the original motion:
ROLL CALL: M.~Bennett, aye; D.~Renner, aye; S.~Engler, aye; N.~Drolet, nay; J.~West, nay; 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. Ayes~–~12; Nays–2. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on June 25. Their next meeting will be July 9 at 6 p.m.
Public Works: Motion was made by A. Medford and seconded by N. Grogan to consider the Omnibus Agreement for the five Public Works motions. All ayes. Motion carried.
Motion was made by A. Medford and seconded by J. Mouser to approve the five Public Works motions under the previous Omnibus Agreement.
1. Motion to approve the procurement of WWTP Generators and associated equipment from Cummins of Collinsville for $300,500
2. Motion to approve the procurement of 3” Hydrant Meters with backflow devices from Midwest Municipal Supply for $39,600
3. Motion to approve the procurement of the GPS (Global Positioning System) Locate Systems for $20,720
4. Motion to approve the low bid for the Meter Tile and Meterbox Frames from Schulte Supply for $17,592
5. Motion to approve the WWTP Disinfection Improvements, Change Order #1 for $22,455
A. Medford noted that, regarding Motion #2, they ended up only needing three hydrant meters instead of six. The amount, therefore, changes to $19,800.
ROLL CALL: 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. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M. Bennett, aye. All ayes. Motion carried.
Public Safety: E. True said their next meeting will be July 9, 2007, at 7:30 p.m.
Finance/Administration: J. West stated they met before tonight’s meeting to discuss Warrant~139. Motion was made by J. West and seconded by D. Renner to approve Warrant~139 in the amount of $841,097.61.
ROLL CALL: S.~Engler, aye; N.~Drolet, aye; J.~West, 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; D. Renner, aye. All ayes. Motion carried.
Their next meeting will be July 23, at 5:30 p.m.
Parks/Environment: J.~Albrecht said their next meeting is scheduled for July 9, 2007, at 5:30. He reminded everyone that July 16 at 4 p.m. is the ribbon-cutting ceremony for the new park, and the dedication for the Becky Henry Pavilion will be at 5 p.m.
EXECUTIVE SESSION: None.
ADJOURNMENT:
Motion was made by R.~Reckamp and seconded by J. Albrecht to adjourn. All ayes. Motion carried.
The meeting was adjourned at 9:35 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
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