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City Council Minutes 9/4/2007

O’FALLON CITY COUNCIL
MEETING MINUTES
September 4, 2007

The meeting was called to order at 7:03 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, excused; Dan Polites, present; Rick Reckamp, excused; Jerry Mouser, present; John~Drolet, present; Allen Medford, present; Michael Bennett, present; Dennis Renner, present; Steve Engler, present; Ned Drolet, excused; John West, present; Jerry Albrecht, present.  A quorum was declared present.

Motion was made by J. West and seconded by N. Grogan to approve the minutes of the  August 20, 2007, meeting.  All ayes.  Motion carried.

PUBLIC HEARING:  

1.      Annexation agreement for PlaceNameplaceSouthview PlaceTypeVillage continued from August~20, 2007.  Opened to the public at 7:05 p.m.  

Mayor Graham explained that the City’s Director of Planning and Zoning, Ted Shekell, would give a brief presentation followed by a time for residents to make comments.

T. Shekell presented some key issues on the project, which is located off of S. Lincoln Avenue and Dartmouth.  There currently are four stub streets off of Matthew Drive and Dartmouth, all of which have been platted as City rights-of-way since Dartmouth has been a street.  The property is approximately 51 acres, and 202 single-family units are proposed.  The property is currently in the Village of Shiloh; however, Shiloh has voted to de-annex the property to O’Fallon, conditional upon the project being approved by the City of O’Fallon.  LaVerna Evans School abuts the development, and the school administration has worked closely with the City and the project developer to try to alleviate some of the current and proposed traffic problems.  The developer has acquired property at the west end of the development to allow for an access off of placeSouth Lincoln.  T.~Shekell stated a traffic study was conducted by Crawford, Bunte, and Brammeier, and he explained the results of that study.  Other issues raised were the alleyways, the Accident Potential Zone II for Scott Air Force Base, the 4_acre~detention pond, and the development’s green space.  

J. West raised discussion regarding a proposed drop-off location within the development for students at LaVerna Evans School, and T.~Shekell described the developer’s preliminary plans.

M. Bennett asked about the possibility of closing off the stub streets to potential developments if this project is not approved.  T. Shekell said that would be a legal question, but he didn’t see how the property could be denied access.

S. Engler raised discussion regarding maintenance of the alleys.  J. Drolet noted sidewalks are not located on both sides of the streets; T. Shekell said staff has recommended sidewalks be on both sides of the street.  J. Drolet also expressed concern with the cul-de-sac used for student drop-off being inadequate in width, and he raised discussion regarding the City providing water and sewer to this property if it remained in Shiloh.  

A. Medford asked if the intersection on placeS. Lincoln would be signalized, and T.~Shekell said the traffic study indicated this area does not warrant one at this time.  

T. Shekell noted the City’s Comprehensive Plan denotes this area as being in Shiloh but shows it as single-family with a density of 4-7 units per acre.  The density of the proposed development is approximately 4 units per acre.  The subdivision across placeS.~Lincoln from this property has a density of 16 units per acre.  Discussion was held regarding the property’s green space.  

D.~Polites asked if the proposed project was the best use for this property, and T.~Shekell said he believes it is.  

D. Renner expressed safety concerns with the detention pond.  T.~Shekell explained that a safety ledge is required with the detention pond.

Mayor Graham invited residents to speak at this time.

A woman who did not identify herself expressed concern with traffic, specifically on S.~Lincoln.  She recommended the developer include one-story villas to attract senior citizens, and she also made note of a faded stop sign at the intersection of Dartmouth and DeSoto.  

Myra McMullen expressed concern with the alleys and with additional school traffic.

Norm Hankslavin expressed doubt that the density would be 4 units per acre.  He stated the power company is in the process of cutting down all the trees along Dartmouth.  Finally, he stated the property is zoned non-urban in Shiloh, which is defined as 1~home per 3 acres.

Paul O’Brien expressed concern with traffic and the lack of police patrol.  

Jenny Phillips raised discussion regarding traffic, alleys, endangerment of children, and property values being reduced.

Tom Benedict, the attorney representing the Rasp Estate, said the estate has been open for 5 years and the property must be sold.  He reviewed the advantages of the currently-proposed project as (1) single-family homes, (2) drainage problems alleviated, and (3) a local developer.  

Tom Reeves said he did not believe an SUV would fit on the alleyways or in most of the garages.  He also noted there is a glut in a real estate market, and an additional 200 homes in this area will not help matters.  

Norm Hankslavin stated when the access streets were stubbed 40 years ago, there was no school or plan for a school in that neighborhood.  

A gentlemen spoke whose name was inaudible (Mr. Maurice, perhaps), and he raised discussion regarding the number of new students who would attend LaVerna Evans School from this subdivision.  Assistant Superintendent Todd Koehl described how they arrived at their prediction of 93 additional students over 5 years.  

Ronald Robs expressed concern with the construction traffic while this project is being developed.  T.~Shekell said the construction entrance would be on placeCityLincoln.  

Jenny Phillips asked if the stub streets could be removed.  City Attorney Dale Funk said the City would have to abandon them to get rid of them.  T. Shekell said the stub streets are currently the only access to the property, and they could not be vacated.  By law, you have to grant access to the property.  

Mr. Maurice (?) spoke again and asked about the possibility of traffic signals on Dartmouth and Lincoln.  T. Shekell said the traffic study did not warrant any traffic signals at this time.  

Public hearing was closed at 8:00 p.m.  

RESIDENTS:  Mayor Graham asked if anyone wanted to speak to the Council to step to the microphone, but no one responded.  

REPORTS:

Clerk’s Report:  None.

Mayor’s Report:  Mayor Graham read a proclamation declaring the week of September~10 – September 14, 2007, as “Chamber of Commerce Week.”

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 D. Renner to approve Resolution Items~1-4.

ITEM 1 – Resolution Authorizing the Mayor to Execute an Agreement with Ehret, Inc. for Construction of a new French Village Pump Station.

ITEM 2 – Resolution Authorizing the Mayor to Execute an Agreement with Johannes Construction, Inc. for Construction of a New Water Storage Building at the Public Works Compound.

ITEM 3 – Resolution Authorizing the Mayor to Execute an Agreement with Rhutasel & Associates, Inc. for Professional Services for West Highway 50 Congestion Mitigation and Air Quality (CMAQ) Improvements for an amount not to exceed $141,103.85.

ITEM 4 – Resolution Approving and Accepting a Subdivision of land to be known as the Minor Subdivision of the Shoppes at Green Mount, 1st Amendment and the North Adjacent 7.79 acres.

ROLL CALL:  M.~Schmidt, aye; D. Polites, aye; J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M. Bennett, aye; D.~Renner, aye; S.~Engler, 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 D. Renner to place on 1st Reading Ordinance Item 5.

ITEM 5 – Ordinance Amending Ordinance 623, Zoning, Full Circle Services and Supply

J. Mouser noted the vote in Community Development was 0-4 against the project.  D.~Renner stated a lawn mower business is located across the street from Full Circle Services and Supply, and they are involved in repair work.  He also noted that Full Circle Services and Supply has done a great deal to clean up their property.  J.~Mouser said the applicant was asked to remove the greenhouse and storage facility but has not done so as of yet.  

ROLL CALL:  D. Polites, abstain; J.~Mouser, nay; J.~Drolet, nay; A.~Medford, nay; M.~Bennett, nay; D.~Renner, aye; S.~Engler, aye; J.~West, nay; J.~Albrecht, nay; N.~Grogan, nay; M.~Schmidt, nay.  Ayes – 2; Nays – 8; Abstains – 1.  Motion failed.

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

ITEM 6 – Ordinance Amending the City Zoning Regulations, Article II, Table 2.04E, Altering the Authorized placeLot Coverage from 25% to 30%

ROLL CALL:  J.~Mouser, aye; J.~Drolet, aye; A.~Medford, aye; M. Bennett, aye; D.~Renner, nay; S.~Engler, aye; J.~West, aye; J.~Albrecht, nay; N.~Grogan, aye; M.~Schmidt, aye; D. Polites, aye.  Ayes – 9; Nays – 2.  Motion carried.

Mayor Graham noted that Item 7 was a non-event.

ITEM 7 – Advisory Report on Southview Village (Rasp Farm)

Motion was made by J. Mouser and seconded by D. Renner to place on 1st Reading Ordinance Item 8.

ITEM 8 – Ordinance Establishing a Liquor License for the O’Fallon Parks and Recreation department

ROLL CALL:  J.~Drolet, aye; A.~Medford, nay; M. Bennett, aye; D.~Renner, aye; S.~Engler, aye; J.~West, nay; J.~Albrecht, nay; N.~Grogan, aye; M.~Schmidt, nay; D.~Polites, nay; J.~Mouser, aye.  Ayes – 6; Nays – 5.  Motion failed.

Discussion was held regarding sending Item 8 back to committee for further discussion and then a new vote.  Mayor Graham stated the Rotary and a few other organizations are allowed to sponsor events in the parks and sell alcohol, so this is not a new concept.  Mary~Jeanne Hutchison believes this should be available under her park business plan.  The Mayor indicated it could not come before the Council again for another year unless the wording was changed or unless someone who voted against it would ask to have it reconsidered.  

2nd CityplaceReadings

Motion was made by A. Medford and seconded by J. West to approve 2nd Reading Ordinance Item 9.

ITEM 9 – Ordinance Amending Chapter 78, Parking Schedules, Schedule II, Limited Parking Zones regarding the South Side of West Seventh Street

D. Renner asked if the business owners could be notified that they are blocking sidewalks.

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

Motion was made by A. Medford and seconded by J. Albrecht to approve 2nd Reading Ordinance Item 10.

ITEM 10 – Ordinance Amending Chapter 77, Traffic Schedules, Schedule I, regarding Speed Limits in the Family Sports Park

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

Motion was made by A. Medford and seconded by D. Renner to approve 2nd Reading Ordinance Item 11.

ITEM 11 – Ordinance Amending Ordinance 3166, Chapter 111, Section (D) (4), regarding hours that solicitation is permitted

M. Bennett asked how the ordinance is changing.  Chief Betten said the hours were from ½ hour after sunup to ½ hour before sundown on Friday, Saturday and Sunday.  The new hours will be from 8 a.m. to noon on Friday, Saturday and Sunday.  

M. Schmidt objected to the restriction of hours, stating that the people have, in effect, voted for this by contributing to these organizations.  If the solicitation was not profitable for the organizations, they would not continue doing it.  D. Renner expressed his support of these organizations being able to solicit for longer periods of time.  J.~Drolet said three organizations attended the committee meeting and did not object to the restricted hours.  Discussion ensued regarding safety issue, the City’s liability, locations where the solicitation can take place,

ROLL CALL:  D.~Renner, nay; S.~Engler, nay; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, nay; D.~Polites, aye; J.~Mouser, nay; J.~Drolet, aye; A.~Medford, aye; M. Bennett, nay.  Ayes – 6; Nays – 5.  Motion failed.

STANDING COMMITTEES:

Community Development:  J. Mouser stated they met on August 30.  Motion was made by J. Mouser and seconded by D. Renner to approve the Special Event Permit request for the New Enterprise Academy 5K run/walk and the Special Event Permit request for the 5th Annual Men’s Wild Game Dinner.  All ayes.  Motion carried.

The next Community Development meeting will be September 10 at 6~p.m.
Public Works:  A. Medford said their next meeting will be September~24 at 7 p.m.  

Public Safety:  E. True said their next meeting will be September~10 at 7~p.m.

Finance/Administration:  J. West stated they met before tonight’s meeting to discuss Warrant~143.  Motion was made by J. West and seconded by J.~Albrecht to pay Gifts for Individuals $70.34.  

M. Bennett objected to the City purchasing items from this company since two council members are owners of the business.  
ROLL CALL:  S.~Engler, nay; J.~West, aye; J.~Albrecht, aye; N.~Grogan, aye; M.~Schmidt, aye; D.~Polites, aye; J.~Mouser, aye; J.~Drolet, abstain; A.~Medford, aye; M.~Bennett, nay; D.~Renner, nay.  Ayes – 7; Nays – 3; Abstains – 1.  Motion carried.

Motion was made by J. West and seconded by J. Albrecht to pay Warrant~143 in the amount of $890,482.67.  

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

Their next meeting will be September 24 at 5:30 p.m.

Parks/Environment:  J. Albrecht stated their next meeting will be September~10.

EXECUTIVE SESSION:  None.

ADJOURNMENT:

Motion was made by D. Renner and seconded by J. Mouser to adjourn.  All ayes.  Motion carried.

The meeting was adjourned at 8:28 p.m.

                                                                Respectfully submitted by,

                        __________________________
                                                                Philip A. Goodwin, City Clerk

Minutes taken by
Sharon L. Wisely, Transcriptionist




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