City Council

Meeting date:

Monday, April 6, 2015

O’FALLON CITY COUNCIL

MINUTES OF THE REGULAR COUNCIL MEETING

April 6, 2015

The regular meeting was called to order at 7:01 p.m. by Mayor Gary Graham who led the Council in “The Pledge of Allegiance to the Flag.”

Philip Goodwin, City Clerk, called the roll: Gene McCoskey, present; Richie Meile, present; Ed True, present; Jerry Albrecht, present; Jerry Mouser, present; Kevin Hagarty, present; John Drolet, present; Herb Roach, present; Michael Bennett, present; Courtney Cardona, present; Jim Hursey, present; Ray Holden, present; David Cozad, present; Harlan Gerrish, present. A quorum was declared present.

APPROVAL OF MINUTES: Mayor Graham asked for approval of the minutes. Motion was made by J. Mouser and seconded by J. Albrecht to approve the minutes of March 16, 2015. All ayes. Motion carried.

PUBLIC HEARING – Mayor Graham opened the Public Hearing at 7:01 p.m. for the Annexation agreement with MRK Land Trust with Michael Kombrink for approximately 9.2 acres located on Pausch Road. Mayor Graham called three times for public input but no one came forward. He closed the hearing at 7:02 p.m.

Mayor Graham opened the Public Hearing at 7:02 p.m. for the Annexation agreement with Huntington Chase Homes Corp. and Tamarack Woods LLC for approximately 102.37 acres located on Simmons Road. Mayor Graham called three times for public input but no one came forward. He closed the hearing at 7:03 p.m.

RESIDENTS: Mayor Graham invited any resident who wished to speak to come forward.

Jason Boone came forward and thanked the Mayor for his eighteen years of leadership and vision with the direction he has taken the city. He also thanked the Council for their countless hours for the city. He also thanked Darwin Miles and Darrel Shelton for the successful business ventures they have brought in. He also encouraged the voters to seriously read the water issue. He did not understand why we would lease the water system when St. Elizabeth will be coming to the city and will be the largest customer.

Dino Evigenedes came forward to talk about ordinance violations in his neighborhood. In particular, the house across from him has six unrelated people living in the home. He also mentioned a shooting with a BB gun at the house. Mayor Graham asked the Code Enforcement director and police chief to look into it. T. Shekell said his department has responded multiple times. They have discovered that all of the vehicles are registered and serviceable. They will meet to discuss the other issue, as well.

T. Lysakowski spoke stating that the Vote Yes Please O’Fallon flyers regarding the water lease are full of false statements. He mentioned that the Proposition S money should have been used to fix the street repairs.

Mayor Graham responded that the water rates are mandated by the State. St. Elizabeth has an agreement with the city based on our wholesale prices.

Vern Malare discussed the budget on the agenda. He said that #61 was supposed to be pulled from the budget. M. Bennett responded that he planned to make a motion to amend the budget.

Abrahm Mayo represented the Vote Please O’Fallon. He urged the voters to vote yes for the lease as the money is needed for improvements. He does not want taxes raised, so he wants voters to explore the facts and wait for the proposal to come before making a decision. He thanked the Council for the service they provide the community.

G. McCoskey clarified that the city does not build schools, as it is a whole different taxing discussion.

M. Cook stated he opposes Item 4 on the agenda. He believes it supports the governor’s anti-union views. He asked that the Council study it further.

Cheryl Sommers also spoke against Item 4. She said it should be fully discussed publically before making a decision.

Mayor Graham responded that the resolution is not aimed against unions. The governor is trying to balance a budget. The prevailing wage should be decided by local cities according to the governor’s belief. The State is bankrupt. The governor is trying to keep business in Illinois. This is not going to eliminate unions.

REPORTS:

Clerk’s Report: City Clerk Goodwin read the following requests:

1. Request from OTHS Panther Band Boosters to conduct a raffle for a split pot cash raffle and lottery tickets on April 10, 2015 at the KC Hall

2. Request from Dania Shrine Club to conduct a roadblock at the intersection of State and Lincoln and State and Smiley on October 23^rd from 7 – 9 a.m. and October 24, 2015 from 10:00 – 1:00 p.m.

Motion by E. True and seconded by G. McCoskey to approve the requests. All ayes. Motion carried.

M. Bennett reminded voters in Ward 5 that they will not go to Central School to vote. They will now go to the Assembly of God Church on Greenmount Road. This is controlled by the County. In answer to the question by the Mayor, he does not know why they moved.

Mayor’s Report: Mayor Graham did not have a report.

RESOLUTIONS: Motion by J. Albrecht and seconded by J. Mouser to approve Item 1 - Resolution approving and accepting the preliminary plat Four Points Center.

M. Bennett stated he is against the name, as it is a proprietary name for the Four Points in Fairview Heights.

ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, aye; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, no; Cardona, aye; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye. Ayes – 13; Nos – 1. Motion carried.

Motion by J. Albrecht and seconded by J. Mouser to approve Item 2 - Resolution approving and accepting the preliminary plat on Reserves of Timber Ridge.

ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, aye; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, aye; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye. Ayes – 14; Nos – 0. All ayes. Motion carried.

Motion by J. Albrecht and seconded by E. True to approve Item 3 – Resolution authorizing the Mayor and City Clerk to sign supporting documentation for the Community Development Block Grant (CDBG) application for Americans with Disability Act (ADA) for sidewalk improvements.

Motion by J. Albrecht and seconded by J. Mouser to approve Item 4 – Resolution supporting a government reform package, returning power to taxpayers and local government.

K. Hagarty said that the Attorney General said the resolution is illegal and could violate Federal labor laws. There is a lawsuit pending in Federal Court. Home Rule communities must abide by prevailing wage laws according to the Supreme Court.

Mayor Graham said it will not affect prevailing wage laws. It is a proposal the Governor is taking to the Legislature to balance the budget.

H. Roach added that he would like to have time to review and have open discussion.

Motion by J. Drolet and seconded by K. Hagarty to refer back to committee.

ORDINANCES:

1^st Reading –

Motion by J. Albrecht and seconded by H. Gerrish to consider on 1^st reading, Item 5, an ordinance amending 623, Zoning, Planned Use Development Gateway Classic Cars at 1237 Central Park Drive.

M. Bennett asked if this was separate from the Special events. T. Shekell said it would be used for smaller events. It will allow them to hold smaller groups of twenty or thirty at this building. The large events will still come to the Council.

C. Cardona questioned that the staff report mentioned up to 1200 people could be allowed. T. Shekell answered that this is for basic authority for smaller groups. If the event has alcohol or police protection, than the Council would still need to review. Gateway has been told that it must meet our criteria.

ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, aye; Mouser, no; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, no; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye. Ayes – 12; Nos – 2. Motion carried.

Motion by J. Albrecht and seconded by G. McCoskey to consider items 6 – 13 under the Omnibus Agreement. All ayes. Motion carried.

Mayor Graham read the following:

Item 6 – An Ordinance amending Ord. 623, Zoning, development known as Four Points Center located at the northwest corner of Scott-Troy Road and US Hwy 50

Item 7 – An Ordinance approving the 2015 amendment to the City of O’Fallon TIF Redevelopment Project Area No. 1

Item 8 – An Ordinance authorizing the Execution of Intergovernmental Agreement with O’Fallon Community School District 90 and O’Fallon Township High School 203

Item 9 – An Ordinance approving the Tax Increment Redevelopment Plan and Project for the Route 50/Scot Troy Road Redevelopment Project Area

Item 10 – An Ordinance Designating the Route 50/Scott-Troy Road Redevelopment Project Area

Item 11 – An Ordinance adopting the Tax Increment Financing for the Route 50/Scott Troy Redevelopment Project Area

Item 12 – An Ordinance authorizing the execution of the redevelopment agreement with S.I. Strategy, LLC

Item 13 – An Ordinance Proposing the approval of a Business District Plan for the proposed Route 50/Scott-Troy Road Business District and Fixing the time and place for a Public Hearing date on the Plan and designating the Business District

Motion by J. Albrecht and seconded by K. Hagarty to approve on 1^st Reading items 6 – 13 under the previous Omnibus Agreement.

M. Bennett wanted to see the name change, and asked if the Parks director had reviewed the plans, and T. Shekell said that she had.

J. Drolet said this has been a long process to get this here. We have had four individuals take the nationals. They all play in St. Louis because there is no place for them to play here. Kristin Smith, a goalie, has to go to Chicago to play. McKendree has reviewed all of the plans and placed their name on the side of the building. It is a private $16 - $26 million investment.

In answer to the question by E. True, T. Shekell said the plans have been reviewed internally.

Motion by J. Albrecht and seconded by G. McCoskey to consider items 14 – 16 under the Omnibus Agreement. All ayes. Motion carried.

Mayor Graham read the following:

Item 14 – An Ordinance annexing Certain Territory to be named Reserves of Timber Ridge containing approximately 111.57 acres

Item 15 – An Ordinance amending Ord. 623, Zoning, Development known as the Reserves of Timber Ridge Subdivision

Item 16 – An Ordinance approving the transfer of the Volume Cap in connection with private activity bond issues and related matters

Motion by J. Albrecht and seconded by H. Roach to approve on 1^st Reading items 14 – 16 under the previous Omnibus Agreement.

Motion by J. Albrecht and seconded by M. Bennett to approve on 1^st Reading item 17, an Ordinance budgeting for all corporate purposes of the City of O’Fallon for the fiscal year beginning May 1, 2015 and ending April 30, 2016.

M. Bennett said they discussed removing $130,000 for the comprehensive review of the street conditions. Motion by M. Bennett and seconded by G. McCoskey to amend the budget to remove $130,000 from the line item.

Mayor Graham asked why it needed to be removed, as the streets will not get better. M. Bennett replied that we do not have the revenue stream to address the problem. The staff already knows which streets need to be addressed. Mayor Graham said the study will rate the streets from the worse to the best. G. McCoskey added that the staff knows which streets are worse, so we do not need a list.

ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, no; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, aye; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye. Ayes – 13; Nos – 1. Motion carried.

Vote on the Ordinance as amended:

2nd Readings – No 1st reading Ordinances brought forward.

STANDING COMMITTEES –

Community Development:Motion by J. Albrecht and seconded by H. Gerrish to approve the Special Event request from Gateway Classic Cars to display signage for their event April 17^th – April 18, 2015 for the Midwest Motorcycle Expo.

M. Bennett stated the parking is an issue in that area especially on a Saturday.

C. Cardona said she has been contacted by both sides. The parking is a big issue, as the event will take parking from other businesses. E. True said that the police and fire chiefs have recommended the event go forward. Chief Van Hook said it has potential to be a great event, but they do need to be guaranteed to have access. Traffic could be a challenge, but similar events have been successful without any issues. Chief Saunders added that the event planners have made adjustments upon their recommendations. T. Shekell said one of the conditions is the police have authority to dispatch extra officers at Gateway’s expense.

ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, aye; Mouser, no; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, no; Cardona, no; Hursey, no; Holden, aye; Cozad, aye; Gerrish, aye. Ayes – 10; Nos – 4. Motion carried.

J. Albrecht and seconded by G. McCoskey to approve the following Special Event permit request to approve the Special Event requests from Global Brew to hold a Crawfish Boil on June 20^th, Founders Day on August 14^th, Craft Beer Bash on September 12^th, and Oktoberfest and Fun Run on September 19^th at their locations, with conditions and to approve the YMCA temporary trailers from May 18^th – August 21, 2015 for the Summer Camp Program, with conditions. All ayes. Motion carried.

He stated they will meet April 13^th at the Public Safety building.

Public Works: Motion by R. Meile and seconded by J. Mouser to approve the replacement of Unit 1, with a Ford truck for a total amount of $25,179.

He stated they will meet April 27^th at 7:00 p.m. at the Public Safety building.

Public Safety: K. Hagarty said they will meet at the Public Safety building at 5:00 p.m. April 13^th.

Finance/Administration: Motion by M. Bennett and seconded by J. Mouser to approve Warrant #322 in the amount of $1,428,264.75.

Parks and Environment: E. True said they will meet at the Public Safety Building at 5:30 on Monday, April 13^th.

EXECUTIVE SESSION: No closed session.

ADJOURNMENT: Motion by J. Mouser and seconded by J. Albrecht to adjourn. All ayes. Motion carried.

The meeting was adjourned at 8:07 p.m.

Submitted by,

__________________________

Philip A. Goodwin

City Clerk

Minutes recorded by

Maryanne Fair, Deputy City Clerk

Proper notice having been duly given

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