O’FALLON CITY COUNCIL
MEETING MINUTES
April 7, 2008
Mayor Gary Graham called the meeting to order at 7:05 p.m. and led the Council in “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, excused; Ned Drolet, present; John West, present; Jerry Albrecht, present. A quorum was declared present.
Motion was made by J. Mouser and seconded by J. Albrecht to approve the minutes of March 17, 2008. All ayes. Motion carried.
PUBLIC HEARING: None scheduled.
RESIDENTS: Steve Schmidt of 204 Monroe Circle promoted the O’Fallon Grand Prix Bike Race. He is bringing the event up to the Council for three reasons: he wants to promote O’Fallon as a bike friendly place, promote O’Fallon as a progressive, health conscience city, and demonstrate that bike racing is a fun and exciting hobby. For the communications, he wants to use police provided 2-way radios. They will also have cell phones as a secondary and ham radio operators will be on the course. The staging area will now be at Central Christian Church by a verbal agreement. He also has a confirmed volunteer list. He had several people in the audience supporting him. He distributed information to the aldermen from David Fowkes, Technical Director for the
Illinois Cycling Association; Richard Pierce, PhD, President of the International Christian Cycling Club; Dennis Fenton, President of the Hillsboro Chamber of Commerce; and William Baran, Mayor of Hillsboro prior to the discussion.
REPORTS:
Clerk’s Report: Motion was made by R. Reckamp and seconded by E. True to approve the request from the Rotary Club of O’Fallon Sunrise to sell alcohol at the Katy Cavins Community Center for the Evans School Trivia Night fundraiser on April 12, 2008. All ayes. Motion carried.
P. Goodwin reminded everyone affected to turn in their yellow Economic Interest statements to him and he will deliver them to the County.
Mayor’s Report: Mayor Graham read a proclamation declaring the month of April 2008 as “Get Up & Go” Health and Fitness Month.
Chief Betten was called forward, and he stated that he and several members of staff conducted an assessment center on March 29th for the Fire Chief position. Through a consultant and staff, four candidates including Brent Saunders were assessed.
Mayor Graham said that he received a letter from the volunteer fire department that stated that their pick was Brent Saunders, although they would accept the chosen candidate and work with him.
Mayor Graham announced that Brent Saunders was the best candidate for the position.
Mayor Graham asked for a confirmation vote from the Council. Motion was made by
D. Renner and seconded by N. Grogan to approve the appointment of Brent Saunders as the fire chief.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
M. Bennett stated that OTHS Band is having their Spring Concert tomorrow night at 7:00 p.m. at the school and invited everyone to go. They are collecting aluminum cans and will receive the benefit of the collection.
RESOLUTIONS:
Motion was made by J. Mouser and seconded by D. Renner to consider Resolution Item 1, 3, 4, 5, 6, and 7 under the Omnibus Agreement. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by J. West to approve Resolution Item 1, 3, 4, 5, 6 and 7 under the previous Omnibus Agreement.
Item 1 - Resolution Approving and Accepting a Plat to be known as the OTHS Milburn Campus Right-of-Way (ROW) Dedication and Waterline Easement Plat
ITEM 3 - Resolution Accepting the Proposal for Design of the Southview Garden Drainage Improvements
ITEM 4 – Resolution Authorizing the Mayor to Sign an IDOT Utility Permit for the Reider Road Water Main Extension under US Route 50
ITEM 5 – Resolution Authorizing the Mayor and City Clerk to Sign Supporting Documentation for a Community Development Block Grant for Carson and Behrens Street Sewer Project, Phase 1
ITEM 6 - Resolution Authorizing the Mayor to Execute a Preliminary Engineering Agreement with CSX Transportation for Modification of the State Street Rail Crossing
ITEM 7 – Resolution Authorizing the Mayor to Execute a Preliminary Engineering Agreement with CSX Transportation for Modification of the Obernuefemann Road Rail Crossing
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
Motion was made by J. West and seconded by A. Medford to approve Resolution Item 2, a Resolution of the City of O'Fallon’s Intent to Create a Tax Increment Financing Redevelopment Project Area and to Induce Development Interest within such area.
N. Drolet said he is not satisfied with the arguments for the TIF. He does not believe that the “but for” argument has been addressed. He stated that the developers move to what they consider as a better location regardless of the cost.
D. Rich said that the resolution was just for a feasibility study. After we receive the study, it will come back to the Council for approval. The cost is not to exceed $30,000, and it is a pay as you go process.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M. Bennett, aye; D. Renner, aye; N.~Drolet, no; J. Albrecht, aye; J.~West, aye. Ayes 12, Nays - 1. Motion carried.
Motion was made by A. Medford and seconded by D. Renner to approve Resolution Item 8, a Resolution Accepting the Proposal for Design of the Venita Drive Bridge over CSXT Railroad by Rhutasel and Associates, Inc. in an amount not to exceed $295,000.
N. Drolet stated that he had requested the two other studies but does not think that either one of the studies addressed the issues. He thought that Burns & McDonnell were going to do a more extensive study. He does not think that an empirical study of train blockage, school bus routes, etc. was done. An impact study on the I-64 or Frontage Road traffic was not done or the impact from the Family Sports Park or Frank Scott Parkway. He stated that we have spent about a half a million dollars on purchasing property and removing homes on Venita. He went on to say that no overpass is better than one at Venita.
R. Reckamp agreed that an overpass on Obernuefemann is the better choice, but we do need one at Venita rather than none at all.
M. Bennett replied that in the staff report that the Public Works committee did not act on the proposal, but he said that there was no second made to the motion to proceed. He also stated that the residents in the area should be considered.
E. True added that the Council approved of the steps of buying property, etc. a few years back and we are just the continuation of the steps.
D. Renner is still getting calls from people about getting in and out of the neighborhood and the long range plan will address the traffic issues.
Mayor Graham said we are addressing the neighborhood issues, and we have had two studies that have recommended the Venita location. The traffic issue is a concern that we are working on. He would have preferred the Obernuefemann choice, but we have a grant at the Venita location.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, no; M.~Bennett, no; D. Renner, aye; N.~Drolet, no; J. Albrecht, aye; J.~West, aye. Ayes 10, Nays - 3. Motion carried.
ORDINANCES:
1st Readings
Motion was made by J. Mouser and seconded by E. True to consider Ordinances 9, 11, 12, 13 and 14 under the Omnibus Agreement. All ayes. Motion carried.
Item 9 – Ord. Approving the Final Plat of the Second Addition to Cobblestone Ridge
ITEM 11 - Ord. Amending Chapter 77, Schedule III, Stop Signs, inclusion of Hearthstone Subdivision Streets
ITEM 12 – Ord. Amending the Zoning Code, Repealing 3.06, “Signs” and Adopting Art.12, Sign Regulations
ITEM 13 - Ord. Amending Ord. 3302, Adopting the 2003 International Property Maintenance Code
ITEM 14 - Ord. Authorizing the City of O'Fallon to Borrow funds from the Public Water Supply Loan Program
Motion was made by J. Mouser and seconded by N. Grogan to approve the Ordinances 9, 11, 12, 13 and 14 under the previous Omnibus agreement.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
Motion was made by J. West and seconded by J. Albrecht to approve the Ordinance Item 10, Ordinance Budgeting for all Corporate Purposes for the Fiscal Year Beginning May 1, 2008 and ending April 30, 2009.
J. Drolet stated that he had a problem with the way the telecommunications tax that was enacted in 2005 is used in relation to the Family Sports Park. The line item is $325,000 and is being placed in the Park general fund. He does not believe that it is being allocated directly to the sports park where it should be specifically used. He has met with W. Denton and D. Rich and was told that the funds were going to the Park general fund and will be moved to the Family Sports Park in the future. He also has an issue with the personnel expenses in the water department because in the last four years the budget has increased 54%.
D. Rich answered that we do have historical data on the Family Sports Park this year. After the history is ascertained, the funds will go to the FSP line item. Mayor Graham asked where the telecommunications money was spent, and D. Rich answered that it was spent on the 20 acres at the Family Sports Park. We have an accounting situation, but by the end of the year we will be able to show that all of the money was spent on the Family Sports Park.
Mayor Graham reiterated that it is an accounting adjustment. Our Council is the only one that has waived the multiplier in St. Clair County, which amounts to $342,000 a year.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
2nd Readings
Motion was made by J. Mouser and seconded by A. Medford to approve Ordinance Item 15, Ordinance Amending Ord. 623, Zoning, Development known as Shakthi Plaza – As Amended.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
Motion was made by J. Mouser and seconded by J. Albrecht to approve Ordinance Item 16, Ordinance Amending Ord. 623, Zoning, Development known as Sam’s Club Car Wash.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
Motion was made by A. Medford and seconded by J. Albrecht to suspend the rules and have an emergency reading to place Ordinance Item 17 on 2nd reading, an Ordinance Authorizing the City of O'Fallon to Borrow funds from the Public Water Supply Loan Program.
D. Sullivan concurred that he wanted to push the passage along because we had to increase the amount of money to be borrowed. J. Albrecht answered that the bids came in higher than the engineering estimates for the construction of the water tanks. Mayor Graham said that the construction is an IEPA mandate.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
Motion was made by A. Medford and seconded by J. West to approve Ordinance Item 17, Ordinance Authorizing the City of O'Fallon to Borrow funds from the Public Water Supply Loan Program on 2nd reading.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
STANDING COMMITTEES:
Community Development: J. Mouser stated they met on March 24th and everyone has a copy of the minutes in their packets.
Motion was made by J. Mouser and seconded by N. Grogan to approve the Special Event Permit request from Home Depot to hold a Spring Plant (clarified from agenda) & Tractor Event from April 8 – July 5, 2008 in their parking lot. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by A. Medford to approve the Special Event Permit request from FASTT to conduct a Walk FASTT for Autism event on April 26, 2008. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by J. West to approve the Special Event Permit request from the Grand Prix Bike Race. A. Medford appreciated Steve’s input earlier, but he has concerns about the City’s liability. M. Bennett voiced his concerns about the limited time that was available to pull it all together, but it sounds like a good event if all the concerns are addressed.
Chief Betten stated that the roads have visibility issues. A similar event in Peoria resulted in the death of a participant. A four million dollar policy is adequate coverage, as long as the City is named also insured, according to our insurance provider. The City may have immunity. Do the benefits outweigh the risks? He also stated that the participants should be licensed bicycle racers, and they do have to sign a liability release form. The City of O'Fallon should be identified as being released from liability. If the insurance concerns are met, communications issued are resolved and enough volunteers are present, he is comfortable with the race.
R. Reckamp stated it was a good, wholesome event although he had his doubts about an open course race. He is willing to let it happen this time. E. True suggested that the bikers be briefed in depth on the safety issues.
M. Bennett asked W. Denton for clarification on liability, and he answered that the staff said it was a policy issue so the alderman should weigh the risks for the event. Mayor Graham said that the staff does not set policy, so the issues have been brought before the Council to weigh the risks.
D. Renner said that he has received complaints that the bikers do not obey the rules of the road. J. West wants the citizens to be informed well in advance of the closure of Kyle Road. Mayor Graham added that flyers should be delivered to the homes that are affected. Chief Betten said signs would be placed to show that the road will be closed during certain times. Mayor Graham also suggested that Chief Betten be given provisional allowance to revoke the Council’s approval if all concerns are not met.
Motion was made by D. Renner and seconded by J. Albrecht to approve the Special Event Permit request from the Grand Prix Bike Race with the following amendments: Betten has authority to close down the event if the insurance is not provided, communications concerns are not met or not enough volunteers are present. All ayes. Motion carried.
Motion was made by J. Mouser and seconded by A. Medford to approve the Sign Amendment request from Aldi, Inc. to construct an 8 ft. by 14 ft. sign, which includes a 5 ft. high pole enclosed by brick. All ayes. Motion carried.
J. Drolet stated that a proposal to construct a 35 ft. billboard on Scott-Troy Road is before the St. Clair County Zoning Board. The property falls in the County boundary. He said the City could force an annexation. He would like the Community Development committee to address the problem next Monday. He would like the Council to pass a resolution expressing our disapproval of the billboard. Mayor Graham said a letter was sent to the County that stated we were opposed to it. D. Renner said that he is against forced annexation.
Public Works: A. Medford said that they will meet as scheduled on April 28th at 7:00 p.m. in the Mayor’s Conference room.
Public Safety: E. True said the next meeting is scheduled for April 14th at 7:00 p.m.
Finance/Administration: J. West said the March 24th minutes were included in the packet and that the Finance committee met prior to the Council meeting.
Motion was made by J. West and seconded by J. Albrecht to pay Warrant 157 in the amount of $986,858.17.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
The next Finance meeting will be on April 28th at 5:30 p.m.
Parks/Environment: J. Albrecht said that they may need to cancel the next meeting on April 14th at 5:30 p.m. He will notify us if it gets cancelled.
R. Reckamp has had several calls about the lights being left on at the Family Sports Park. Mayor Graham mentioned that the lights at the Family Sports Park are on because some of the bulbs needed to be replaced and they need to burn in for 100 hours. J. Albrecht said that the contractor is paying for the electricity during the burn in period.
EXECUTIVE SESSION:
At 8:20 p.m. motion was made by D. Renner and seconded by E. True to go into Executive Session to discuss pending litigation.
ROLL CALL: Grogan, aye; Schmidt, aye; E. True, aye; D. Polites, aye; R.~Reckamp, aye; J.~Mouser, aye; A. Medford, aye; J.~Drolet, aye; M.~Bennett, aye; D. Renner, aye; N.~Drolet, aye; J. Albrecht, aye; J.~West, aye. All Ayes. Motion carried.
ADJOURNMENT:
Motion was made by R. Reckamp and seconded by M. Bennett to adjourn. All ayes. Motion carried.
The meeting was adjourned at 8:59 p.m.
Submitted by,
__________________________
Philip A. Goodwin, City Clerk
Minutes taken by
Maryanne Fair, Deputy City Clerk
Proper notice having been duly given
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