City Council

Meeting date: 
Monday, December 15, 2014
O’FALLON CITY COUNCIL
MINUTES OF THE REGULAR COUNCIL MEETING
December 15, 2014
 
The regular meeting was called to order at 7:00 p.m. by City Clerk Goodwin 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.
 
City Clerk Goodwin announced that Mayor Graham would not be present.  He asked for a motion to appoint a Mayor Pro Tem.  Motion by J. Albrecht and seconded by R. Meile to appoint J. Mouser as Mayor Pro Tem.
 
Mayor Pro Tem Mouser asked for approval of the minutes.  Motion was made by J. Albrecht and seconded by J. Hursey to approve the minutes of December 1, 2014.  All ayes.  Motion carried.
 
PUBLIC HEARING – Mayor Pro Tem Mouser opened the hearing for the annexation agreement with Michael Dietz for an approximate 2.84 acres located at 9920 Rieder Road, Lebanon, Illinois at 7:02 p.m. and asked for public input.  Mayor Pro Tem called three times for public input but no one stepped forward.  He closed the public hearing at 7:03 p.m.
 
RESIDENTS:    Mayor Pro Tem Mouser invited any resident who wished to speak to come forward.
 
Mike Cook stepped forward to comment about the letter that was in the water bills, which he thought contained conflicting information about the water and sewer bids.  He also asked the Council to ensure that the question stated on the ballot is straightforward, clear and easy for the voters to understand.  Mayor Pro Tem answered that he belies there will be public forums to ensure everyone has a good understanding before voting.
 
Beth Hendricks, co-owner of Sweet Katie Bees, voiced her concern that privatization increases the cost of the water bills.  She stated that the sale of the system would only provide a short term solution.
 
Terry Lysakowski asked if the referendum would be binding.  He was told that by State Law, it is non-binding.  Mayor Pro Tem Mouser replied that the State statute has only certain issues that can be considered binding, and the water sale is not one of them.
 
Dr. Melanie Stewart stated that the maintenance of streets should already be in the budget, as it is routine.  She suggested that there is mismanagement, as she believes the Council should consider necessities versus amenities.  She does not think that property taxes should be increased.
 
Cheryl Sommer stated that she was concerned that the water and sewer issue not be made one of raising property taxes.
 
REPORTS: 
 
Clerk’s Report:  Motion by E. True and seconded by J. Albrecht to approve the following requests:
 
1.  Request from the VFW Post 805 to conduct a monthly raffle at 223 W. First Street starting January 2015 and ending December 2015
 
2.  Request from the Knights of Columbus to conduct a monthly raffle at 402 E. Hwy 50 starting January 2015 and ending December 2015
 
3.  Request from OTHS Softball Boosters to conduct a raffle on January 24, 2015 for a lotto tree at 402 E. Hwy 50
 
All ayes.  Motion carried.
 
Mayor’s Report:   Mayor Pro Tem Mouser had no report.
 
RESOLUTIONS:  Motion by J. Albrecht and seconded by E. True to pass Resolution Item 1 – a Resolution approving the release of certain Executive Session minutes.  All ayes.  Motion carried.
 
Motion by J. Albrecht and seconded by E. True to pass Resolution Item 2 – a Resolution recommending schedule B of the Executive Session minutes remain closed because the need for confidentiality still exists.
 
J. Drolet stated he believes the Council should review the minutes, as some have been closed for over thirty years.  J. Albrecht replied that most are personnel issues and should remain closed even if some of the people are gone.  D. Funk said that Mr. Drolet has a right to review.  Over the years, various Council members have reviewed them.  They are reviewed twice a year now.  J. Drolet responded that maybe every other year the Council should review them in depth.  Ayes – 13; No – 1, Drolet.
 
Motion by J. Albrecht and seconded by J. Hursey to pass Resolution Item 3 – a  Resolution authorizing the submission of a Public Question on the ballot for the April 7, 2015 Consolidated Election regarding whether the City should lease or sale the City’s water and sewer system.
 
Motion by M. Bennett and seconded by J. Hursey to amend the motion to remove the word “or sale”.
 
J. Drolet voiced his concern that if we remove the word “sale”, the resolution would not apply.  J. Mouser said it seemed like no one was interested in a sale.  J. Drolet said that it was talked about in Executive Session.  J. Drolet said he never saw the letter that was in the water bills before it went out, and he disagreed with its contents.
 
H. Gerrish asked whether removing the word “sale” implies that we would rule out the possibility of a sale.
 
ROLL CALL: McCoskey, aye; Meile, no; True, aye; Albrecht, aye; Mouser, aye; Hagarty, no; Drolet, no; Roach, no; Bennett, aye; Cardona, aye; Hursey, aye; Holden, no; Cozad, no; Gerrish, aye.  Ayes – 8; Nos – 6.  Motion carried.
 
D. Cozad stated what we want to accomplish is to have a resolution on the ballot.  It will be non-binding.  That is our overall goal.  His concern is that the perception will be that we can sell it since the resolution only included the option to lease.
 
M. Bennett replied that his intent to remove “or for sale” from the resolution because no one showed an inclination to pursue a sale.  They had agreed to review bid proposals for the lease.
 
J. Drolet suggested that the attorney will have to step in if we are disclosing Executive Session items.  J. Drolet said we do not have any numbers, as they were not given to the Council.  We were given four options:  sell it to a private, sell it to a non-profit, lease it to a private, and lease it to a non-profit.  We were not given information showing the pros and cons.  We have not seen any numbers or any bid packages.
 
H. Roach asked if we could make a motion that we will only consider a lease.  J. Mouser added that we could make a motion that we would not sell it.
 
D. Funk reminded the Council that it is only an advisory opinion.  You are not held bound.  You want to leave all of your options open.
 
Motion by J. Hursey and seconded by G. McCoskey to reconsider and overturn the motion to amend the Resolution authorizing the submission of a Public Question on the ballot for the April 7, 2015 Consolidated Election regarding whether the City should lease or sale the City’s water and sewer system and vote on the original motion.
 
ROLL CALL: McCoskey, aye; Meile, aye; True, no; Albrecht, aye; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, no; Cardona, no; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye.  Ayes - 11; Nos – 3.  Motion carried.
 
H. Roach implored the Council to give the citizens the right to vote on the sale or lease.
Vote on the original motion - 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 H. Gerrish to pass Resolution Item 4 – a Resolution authorizing the Mayor to sign an annexation agreement with Michael Dietz for 9920 Rieder Road.  All ayes.  Motion carried.
 
ORDINANCES:
 
1st Reading – None brought forward.
 
2nd Readings
 
Motion by J. Albrecht and seconded by G. McCoskey to pass 2nd Reading Ordinance, number 5, an Ordinance amending Chapter 77, Stop Signs for intersections at Stonebriar and Chesapeake Junction Subdivision – Norfolk Way, Cabot Court, Briar Meadow Court, Ridge Pointe Drive, Silverlink Drive, Pacific Crossing and Arriva Court.
All ayes.  Motion carried.
 
Motion by J. Albrecht and seconded by M. Bennett to pass 2nd Reading Ordinance, number 6, an Ordinance providing for the annual levy for the fiscal year commencing on the first day of May 1, 2014 and ending on the thirtieth day of April 2015.
 
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.
 
Mayor Pro Tem Mouser said that that the Ordinance amending Chapter 111, Section 111.99 is on hold.
 
STANDING COMMITTEES
 
Community Development:J. Albrecht stated the committee will meet next Monday at 6:00 p.m. at the Public Safety building.  They will be discussing the video gaming ordinance.
 
J. Albrecht made a motion seconded by G. McCoskey to approve a one year commercial extension for the Frank Scott Lakeside Apartments Planned use. All ayes. Motion carried.
 
Public Works:  R. Meile announced that they will meet December 22nd at the Public Safety Building at 7:00 p.m.
 
Public Safety:  K. Hagarty said they will meet at 5:00 p.m. on January 12th at the Public Safety Building.
 
Finance/Administration:  Motion by M. Bennett and seconded by J. Albrecht to approve Warrant #315 in the amount of $836,413.73.
 
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.
 
Parks and Environment:  E. True said they will meet January 12th at 5:30 p.m.
 
EXECUTIVE SESSION: None brought forward.
 
ADJOURNMENT:  Motion by J. Albrecht and seconded by G. McCoskey to adjourn.  All ayes.  Motion carried.
 
The meeting was adjourned at 7:45 p.m.
 
Submitted by,
 
 
 
__________________________
Philip A. Goodwin
City Clerk                                                                                                       
                                                                                                                               
Minutes recorded by
Maryanne Fair, Deputy City Clerk
Proper notice having been duly given