City Council

Meeting date:

Monday, August 3, 2015

O’FALLON CITY COUNCIL

MINUTES OF THE REGULAR COUNCIL MEETING

August 3, 2015

The regular meeting was called to order at 7:00 p.m. by Mayor Gary Graham who led the Council in “The Pledge of Allegiance.”

Philip Goodwin, City Clerk, called the roll: Gene McCoskey, present; Richie Meile, present; Jerry Albrecht, present; Robert Kueker, present; Jerry Mouser, present; Kevin Hagarty, present; Herb Roach, present; Matthew Smallheer, present; Michael Bennett, present; Courtney Marsh, present; Ray Holden, present; Ned Drolet, present; David Cozad, excused; Harlan Gerrish, present. A quorum was declared present.

APPROVAL OF MINUTES: Mayor Graham asked for approval of the minutes. Motion was made by J. Albrecht and seconded by K. Hagarty to approve the minutes of August 3, 2015. All ayes. Motion carried.

PUBLIC HEARING – Mayor Graham said there was no hearing scheduled.

RESIDENTS: Mayor Graham asked if anyone wished to come forward to speak to the Council.

Tom Mitchell, Ward 7 resident, spoke in opposition to the approval of Steph’s Café on 1^st reading.

Millard and Anita Curtis spoke about drainage issues they are having at their home in the Hearthstone subdivision. Mayor Graham took some information from Ms. Curtis and told her that the Public Works department will give him a report on the matter.

Tim Johnston of NEI Desco spoke in favor of the approval of Steph’s Café.

Mayor Graham announced that Miss O’Fallon, Kaelee Albriton had a presentation. He asked her to come forward, and she thanked the Council for her opportunities throughout the year. She mentioned that she will be attending the University of Mississippi. H. Roach told her she made a lasting impression on two of his grandchildren.

REPORTS:

Clerk’s Report: Motion by J. Albrecht and seconded by J. Mouser to approve the request from the O’Fallon Kiwanis Club to conduct a roadblock on Friday, November 6, 2015 from 4 – 6 p.m. and Saturday, November 7, 2015 from 8 – 12:00 p.m. at the intersection of Lincoln and State, as well as Lincoln and Smiley, insurance pending. All ayes except for N. Drolet. Motion carried.

Motion by M. Bennett and seconded by H. Gerrish to approve the request from the East St. Louis Knights Club to conduct a raffle for a barbecue grill from August 3 – September 19, 2015 and the request from MetroEast Pachyderm Club to conduct a raffle for “Split the Pot”, rifle, and various items from August 4 – December 3, 2015. All ayes. Motion carried.

Mayor’s Report:

Mayor Graham announced the reappointment of Don Murdoch and William Kuzma to the Police Pension Board. Motion by J. Albrecht and seconded by M. Bennett.

He said he is holding off on the the appointment of Linda Gruchala and reappointment of Larry Morrison, Betty Reed, Dennis Grimmer, Linda Kahley, Nancy Clark and Harriet Baker to the Library Board until D. Funk has an opportunity to review the appointment sequences.

Mayor Graham read a Proclamation declaring August 15, 2015 as Walk MS Day.

RESOLUTIONS:

Motion by J. Albrecht and seconded by J. Mouser to consider Resolution Items 1 – 8 under the Omnibus Agreement. All ayes. Motion carried. Mayor Graham read the following resolutions:

Item 1 – Resolution authorizing the Mayor to execute an agreement with Sherbut-Carson-Claxton, LLC for the design of the Lincoln Farms Lift Station improvements project in the amount of $9,370

Item 2 – Resolution authorizing the Mayor to execute an agreement with Sherbut-Carson-Claxton, LLC for the design of the Augusta/Smiley Sanitary Sewer Main replacement at a cost of $59,340

Item 3 – Resolution authorizing the Mayor and City Clerk to execute an agreement with Rhutasel & Associates, Inc. for professional services in the amount of $110,000 for the design of Simmons Road improvements, Phase 1 & 2, and an Illinois Department of Transportation (IDOT) Motor Fuel Tax (MFT) resolution appropriating funds for the Simmons Road improvement project, Phase 2 in the amount of $800,000

Item 4 – Resolution authorizing the Mayor to execute an agreement with CSX Transportation, Inc., for placing of a sewer trunk main under the railroad tracks at milepost BC-317.91 at a cost of $8,500

Item 5 – Resolution authorizing the Mayor to execute an agreement with CBB for the design of street lighting for the Venita Drive Overpass and New Taylor Road in the amount of $15,000

Item 6 - Resolution authorizing the Mayor and City Clerk to execute an agreement with Rhutasel & Associates, Inc., for professional services in the amount of $6,569.50 for the Highway 50 Extended Turn Lane Project Plat of Highways

Item 7 – Resolution approving and accepting the preliminary plat of Bethel Farms

Item 8 - Resolution approving and accepting the preliminary plat of Lake St. Ellen’s Plaza

Motion by J. Albrecht and seconded by J. Mouser to approve resolutions Items 1 – 8 under the previous Omnibus Agreement.

ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye. Ayes – 13; Nos – 0. Motion carried.

ORDINANCES:

1^st Reading –

Motion by J. Albrecht and seconded by J. Mouser to consider on 1^st Reading, Items 9 – 14 under the Omnibus Agreement. The Mayor asked for Item 13 to be removed and G. McCoskey asked that Item 14 be removed.

Motion by J. Albrecht and seconded by H. Roach to consider on 1^st Reading, under the Omnibus Agreement, Items 9 – 12. All ayes. Motion carried.

Mayor Graham read the following:

Item 9 – An Ordinance amending Chapter 77, Traffic Schedules, in the Windsor Creek regarding additional stop signs

Item 10 – An Ordinance annexing approximately 101.61 acres, 04-07.0-200-019 and 04-07.0-200-020

Item 11 – An Ordinance amending Ord. 623, Zoning, development known as Bethel Farms Subdivision

Item 12 – An Ordinance amending Ord. 623, Zoning, development known as Lake at St. Ellen’s Plaza

Motion by J. Albrecht and seconded by J. Mouser to approve on 1^st Reading, under the previous Omnibus Agreement, Items 9 – 12.

Motion by J. Albrecht and seconded by J. Mouser to consider on 1^st Reading, Item 13 – Ord. amending Title XI, Business Regulations by adding Chapter 122, Sidewalk Dining.

Mayor Graham stated that City attorney, D. Funk, had some suggestions before the vote.

D. Funk stated that the Ordinance before the Council had a stipulation that the permit holder was responsible for the removal of snow and ice from the sidewalk. He believes that language should be removed, as it could cause liability to the City if you alter the natural accumulation. He also suggested to add in the Appeal section that there would be no suspension, revocation or denial while the Mayor makes a decision on an Appeal Hearing.

Motion by J. Albrecht and seconded by M. Bennett to amend on 1^st reading, Item 13, with the proposed changes.

Motion by J. Albrecht and seconded by M. Bennett to approve Item 13, Ord. amending Title XI, Business Regulations by adding Chapter 122, Sidewalk Dining, as amended.

Motion by J. Albrecht and seconded by J. Mouser to consider on 1^st reading, Item 14 – Ord. amending Ord. 623, Zoning, development known as Steph’s Café located at 729 West Hwy 50, Suite C.

G. McCoskey voiced his concern about video gaming in a business that did not have a restaurant as its main focus. A gaming parlor has its main focus on gaming with just selling food and alcohol to comply. It will take away revenue from the fraternal organizations. J. Mouser agreed.

ROLL CALL: McCoskey, no; Meile, no; Albrecht, no; Kueker, no; Mouser, no; Hagarty, no; Roach, no; Smallheer, no; Bennett, no; Marsh, no; Holden, no; Drolet, no; Gerrish, no. Ayes – 0; Nos – 13. Motion failed.

2nd Readings –

Motion by M. Bennett and seconded by J. Mouser to approve on 2^nd Reading, Item 15, an Ordinance regulating towing companies for the Department of Public Safety.

STANDING COMMITTEES –

Community Development: Motion by J. Albrecht and seconded by G. McCoskey to approve the Special Event request from St. Clare Church to hold their Oktoberfest on the city streets at Third and Cherry including liquor sales on Friday, September 25^th from 6 – 11 and Saturday, September 26^th from 4 – 11 p.m. with conditions. All ayes. Motion carried.

J. Albrecht stated they will meet August 10th.

Public Works: Motion by G. McCoskey and seconded by M. Bennett to approve the purchase of eight E-Class Electronic Sirens with installation by wirelessUSA in the amount of $91,899.

Motion by G. McCoskey and seconded by M. Bennett to approve the purchase of the leak detection equipment from Eden Brothers in the amount of $21,455.

G. McCoskey stated they will meet August 24th at the Public Safety Building.

Public Safety: C. Marsh said they will meet next Monday at 5:00 p.m. at the Public Safety Building. Alderman Hagarty will chair the meeting.

Finance/Administration: M. Bennett made a motion seconded by J. Albrecht to approve Warrant #330 in the amount of $706,725.85.

Parks and Environment: R. Holden said they have cancelled their meeting.

EXECUTIVE SESSION: Mayor Graham stated there is no closed session.

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

The meeting was adjourned at 7:36 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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