O’FALLON CITY COUNCIL
MEETING MINUTES
July 16, 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. Mouser and seconded by E. True to approve the minutes of the July 2, 2007, meeting. All ayes. Motion carried.
PUBLIC HEARING:
1. Consideration of the Annexation Agreement with Gary B. and Tracey Saunders for approximately .65 acres located at addressStreet1142 Ogle Road. Opened to the public at 7:02~p.m. Mayor Graham called three times for public input, but no one responded. The public hearing was closed at 7:03 p.m.
2. Consideration of Annexation Agreement with Eric Litteken for 107 Behrens. Opened to the public at 7:03 p.m. Mayor Graham called three times for public input, but no one responded. The public hearing was closed at 7:04 p.m.
RESIDENTS: Mayor Graham asked if anyone wanted to speak to the Council on a topic other than Creekside Promenade, but no one responded. Regarding Creekside Promenade, the developer and the residents’ group made presentations.
Mr. Tom DeNomme of G. J. Grewe spoke on behalf of the project, highlighting points that were not made in prior presentations. He spoke very highly of his architect, Mr.~Max Nall, and outlined the reasons for selecting him for this project. Mr.~DeNomme said when they first approached the City about this project, City staff said the 40,000 sq. ft. of development on this quadrant was not a problem, even though the Comprehensive Plan stated there is a maximum of 15,000 sq. ft. and 4~acres of development allowed in any one quadrant. He showed a map of the various neighborhood commercial districts from the Comprehensive Plan, each having a circle centered over the intersections and depicting equal space in each of the four quadrants. However, the circle at the intersection of Kyle Road and Lincoln was
situated almost entirely over the northwest quadrant, depicting most of the neighborhood commercial development at this intersection would be located where the Creekside Promenade project is being proposed.
Mr. DeNomme stated the National Council of Shopping Centers indicates between 10,000 and 15,000~sq. ft. of commercial real estate ends up in one acre. Therefore, this 8-acre site could appropriately accommodate 80,000 to 100,000 sq. ft. of retail development. The Creekside Promenade project is only 40,000~sq. ft., which is 30-50~percent less than the average density for such a development. Mr.~DeNomme also stated a double row of evergreens is being provided as additional buffer, the sidewalk along Kyle~Road has been extended all the way to the subdivision entrance, and they are attempting to also run the sidewalk along Lincoln up to Nolin Creek.
Finally, Mr. DeNomme discussed the feasibility of providing a 15,000 sq. ft. unit instead of the proposed 40,000 sq. ft. development. He said the price per square foot to build would be $392.90 for 15,000 sq. ft. compared to $201.19 for 40,000 sq. ft., and the price for rent would be $20 per sq. ft. (40,000 sq. ft.) compared to $40 per sq. ft. (15,000~sq.~ft.). He stated the 15,000 sq. ft. project is simply not feasible.
Mr. Dave Crane began the residents’ presentation by introducing Sally Brown, who is the owner of the land to the immediate east of the proposed Creekside Promenade. Ms.~Brown stated the residents are not against all development in north O’Fallon. They welcome New Creation Church to their neighborhood, as it will be a good addition to this area since it is compatible with what already exists there. In 2000-2001, Ms.~Brown indicated they placed a conservation easement on 180~acres that abut Lincoln Avenue, thus securing the future of the property as open space. She feels this permanently changed the profile of north O’Fallon, making this area unique because of its rural feel. She said the question is not whether the developer, along with the City, created a nice retail center,
but whether an 8-acre retail center is appropriate and compatible with north O’Fallon. She said the residents clearly feel it is not appropriate.
Mr. Tom Faulkner, a seven-year resident of O’Fallon, described his background in state government and then in marketing and advertising. He spoke in detail about a telephone survey that was conducted in the north O’Fallon area by TSB Research, an independent marketing research firm. He stated the survey was conducted on 675 O’Fallon registered voters residing north of Highway 50, excluding Nolin Creek estates; and he shared the results of that survey on how the residents viewed the proposed development. In summary, 70 percent of the residents surveyed stated they were not in support of the Creekside Promenade development at Kyle and Lincoln.
Mr. Crane stated they spoke to a local attorney and got his advice regarding this development. Essentially, the attorney said the proposed development is highway or regional commercial – not neighborhood commercial, especially with the drug store at 12,000~sq.~ft. in size. He reviewed specific areas of concern raised by the attorney.
In summary, Mr. Crane said the City and citizens built and approved the Comprehensive Plan together. Creekside Promenade is not compatible with the neighborhood. The majority of voters do not want 40,000 sq. ft. of retail at this location, but they would be happy to accept a 15,000 sq. ft. development. It appears the City is usurping the rights of other landowners. He asked the Council to follow the Comprehensive Plan, keep the project within the confines of the rules and ordinances that were in place when the residents purchased their homes, and vote “no” on 40,000~sq. ft. and 8 acres of development and limit it to 15,000 sq. ft. and 4~acres.
REPORTS:
Mayor Graham introduced Miss O’Fallon, Jamie Johnson, who gave a presentation on the Year in Review. She talked about all the parades, ceremonies, and events she participated in during the last year. Miss Johnson said this experience has taught her many life skills and given her the opportunity to witness and learn so much. She thanked the City officials and community leaders for including her in these events and making her feel so special. Miss Johnson will be attending SIUE this fall.
Clerk’s Report: City Clerk Philip Goodwin presented two requests:
1. Request from St. Louis Children’s Hospital Foundation to conduct a raffle for numerous items from July~6 – July 27, 2007.
2. ~ Request from the Muncipal Clerks of Illinois to conduct a raffle for cash from July~17~–~September 7, 2007.
Motion was made by E. True and seconded by J. Albrecht to approve the requests. All ayes. Motion carried.
Mayor’s Report:
Southwestern Illinois Council of Mayors will meet on July 26 at Rusty’s Restaurant. Council members wishing to attend should RSVP to Jamie.
Mayor Graham commended the residents for attending the recent Council meetings. He noted the Council members make $4,000 annually and attend 100-125 meetings a year for the residents and this City. In light of recent events and rumors, he encouraged the residents to keep these things in mind and treat the aldermen with the kindness and respect they deserve.
RESOLUTIONS:
Motion was made by J. Mouser and seconded by J. Albrecht to consider the Omnibus Agreement for Resolution Items 1-3. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by E. True to approve Resolution Items~1-3 under the previous Omnibus Agreement.
ITEM 1 - Resolution Authorizing the Mayor to Sign an Annexation Agreement with Gary~B. and Tracey Saunders for 1142 Ogle Road
ITEM 2 - Resolution Authorizing the Mayor to Sign an Annexation Agreement with Eric Litteken for 107 Behrens Street
ITEM 3 – Resolution Approving and Accepting a Subdivision of Land to be known as the Minor Subdivision of Southview Plaza Commercial Center
ROLL CALL: 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.~West, aye; J.~Albrecht, aye; N.~Grogan, aye. All ayes. Motion carried.
ORDINANCES:
1st Readings
Motion was made by J. Mouser and seconded by J. Albrecht to consider the Omnibus Agreement for 1st Reading Ordinance Items 4-7.
Motion was made by J. Mouser and seconded by E. True to place on 1st Reading Ordinance Items 4-7 under the previous Omnibus Agreement.
ITEM 4 – Ordinance Annexing Certain Territory, 1142 Ogle Road, containing 0.655~Acres
ITEM 5 – Ordinance Annexing Certain Territory, 107 Behrens Street, containing 0.144~Acres
ITEM 6 – Ordinance Amending Ordinance 623, Zoning, Development known as McDonalds
ITEM 7 – Ordinance Disconnecting Territory known as Dan L. Sheils, containing 2.83~Acres
ROLL CALL: 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.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye. All ayes. Motion carried.
2nd Readings
Motion was made by J. Mouser and seconded by D. Renner to approve 2nd Reading Ordinance Item 8.
ITEM 8 – Ordinance Amending Ordinance 623, Zoning, Development known as Creekside Promenade – As Amended
N. Drolet voiced objection to 40,000 sq. ft. of development in just one quadrant. He also noted another neighborhood commercial district is shown on the Comprehensive Plan to be less than a mile from this proposed development. He voiced his concern with no requirements being placed on the developer that would help improve the traffic on Lincoln and Kyle.
M. Bennett stated that, with the Comprehensive Plan in place stating that 15,000~sq.~ft. of development per quadrant is the limit, 40,000 sq. ft. is too large. He also expressed concern with disturbing the riparian corridor at this location and throughout the City.
A.~Medford echoed the developer’s previous statement that the circle shown at that quadrant on the Comprehensive Plan indicates most of the development for that intersection was presumed to be in the northwest quadrant. He stated this is a first-class, upscale project.
E. True of Ward 2 said he has more residents who are for the project than against it.
D. Renner raised discussion regarding traffic concerns. He also asked City Attorney Dale Funk a legal question in the event the City is taken to court. Mr. Funk said since there is no lawsuit pending, he preferred not to answer the question.
N. Drolet noted Conditions 10 and 14 of the ordinance regarding hours of operation oppose one another. Mayor Graham explained that Condition 14 contained a misprint.
Motion was made by J. West and seconded by M. Bennett to go back to the Comprehensive Plan, restricting the development to 15,000~sq. ft. and/or 4~acres and amend the ordinance per the amended ordinance document in front of the Council members.
M. Schmidt raised discussion regarding what would be the normal amount of square footage permitted on 8 acres in a B-1 district. T.~Shekell said Lots 5-6 at Shoppes at Green Mount have a 50,000~sq. ft. office building proposed on approximately 6 acres of property, in addition to some retail development also on that property.
ROLL CALL: D. Polites, aye; R.~Reckamp, nay; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M. Bennett, aye; D.~Renner, nay; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, nay; E. True, aye. Ayes-10; Nays - 4. Motion carried.
Motion was made by J. Mouser and seconded by S. Engler to approve 2nd Reading Ordinance Item 8 as amended to 15,000 sq. ft. and/or 4 acres.
J.~Drolet raised discussion regarding the permitted uses for the 24-hour operation described in Condition #12 of the amended ordinance. T.~Shekell explained that all uses would be restricted to 6 a.m. to 10 p.m. hours of operation. However, 24-hour operation could be permitted for a drugstore, bank, and medical uses.
ROLL CALL: R.~Reckamp, present; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, nay; M.~Bennett, aye; D.~Renner, nay; S.~Engler, aye; N.~Drolet, aye; J.~West, aye; J.~Albrecht, aye; N.~Grogan, nay; M.~Schmidt, nay; E. True, aye; D. Polites, aye. Ayes_9; Nays-3; Present-1. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on July 9, and the minutes are included in the packets.
Motion was made by J. Mouser and seconded by J. Albrecht to approve a Special Event request from Jack Schmitt Chevrolet on-site Tent Sale at 915 W. Hwy. 50 on July 19 – July 28, 2007. All ayes. Motion carried.
Their next meeting will be July 23 at 6 p.m.
Public Works: A. Medford said their next meeting will be July~22 at 7 p.m.
Public Safety: E. True said their next meeting has been changed from July~9 to July~18, 2007, at 6 p.m. in order to provide a report on the Volunteer Fire Department.
Finance/Administration: J. West stated they met before tonight’s meeting to discuss Warrant~140. Motion was made by J. West and seconded by J.~Albrecht to approve Warrant~140 in the amount of $1,643,854.59.
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. Polites, aye; R.~Reckamp, 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 August 13, 2007. Mayor Graham said the dedication of the new park was held today. The playground areas are now open, and the baseball fields will open in August.
J.~Albrecht reminded residents that the Comprehensive Plan and zoning ordinances are only as good as the input received from residents. The Council needs input from residents when these documents and ordinances are created and not just when a particular project affects someone.
EXECUTIVE SESSION: None.
ADJOURNMENT:
Motion was made by J. Albrecht and seconded by R. Reckamp to adjourn. All ayes. Motion carried.
The meeting was adjourned at 8:15 p.m.
Respectfully submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Sharon L. Wisely, Transcriptionist
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