City Council

Meeting date: 
Monday, February 2, 2015
O’FALLON CITY COUNCIL
MINUTES OF THE REGULAR COUNCIL MEETING
February 2, 2015
 
The regular meeting was called to order at 7:00 p.m. by Mayor 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 January 20, 2015.  All ayes.  Motion carried.
 
PUBLIC HEARING – None scheduled.
 
RESIDENTS:    Mayor Graham invited any resident who wished to speak to come forward.
 
Ed Martinez, the Senior Vice-Commander for VFW Post 805, spoke regarding his support of the video gambling ordinance.  They have done more than 1,000 hours of work throughout the community, and would like video gaming as another method of raising revenue to support veterans.
 
Chuck Jorgenson, American Legion, also spoke regarding his support of the video gambling ordinance as a source of income to aid veteran programs.
 
Joel Catlin of the First United Methodist Church, spoke in opposition of video gambling.  He support the veterans’ programs, but is concerned about the downfalls of addictive gambling. He said we should find other means of supporting the veteran’s organizations.
 
Cheryl Sommer said she was happy that the Mayor gave them reassurance that if the Mayor thought the lease of the water is not in the best interest of the City, it would not be done.  She asked that the aldermen read the e-mail regarding best practices regarding the management of our water and sewer system that she had sent them to get another perspective.
 
Mike Cook said that several of his earlier questions have been addressed, but he had some additional.  He asked when the public meetings would be held.  He also asked when the time table for specific bids would be posted.  He also asked when the selection committee would be selected.  He asked about the transaction agreement that has been mentioned.  He asked about when the consultants would release the short list.
 
Pete Hyatt also spoke against the water and sewer lease.  He was concerned that Stephen Goldsmith, the consultant for Huron, left Indianapolis with an enormous debt after he was their Mayor for nine years.
 
Mayor Graham said the consultants have been paid nothing.   You will get the information when we receive it.  We have only asked for the right to look at it. The Council will make the final decision.  After the City of Indianapolis privatized their water and sewer, they dropped their debt from 30 to 18 million.  If the city approves any bids, you will have an opportunity to look at it.
 
REPORTS: 
 
Clerk’s Report:  City Clerk Goodwin read the following requests from St. Clair County Sunset Rotary Club to hold a raffle on February 28, 2015 for a barrel of alcohol and a   request from XiChi Chapter #5456 of Epsilon Sigma Alpha to conduct a roadblock on Friday, May 1 from 2:00 – 6:00 p.m. and Saturday, May 2, 2015 from 9 a.m. – 1:00 p.m. at the intersection of State and Lincoln.  Motion by E. True and seconded by K. Hagarty to approve.  All ayes.  Motion carried.
 
Mayor’s Report:   Mayor Graham read a proclamation declaring February 2, 2015 as Edward Fulton Jr. High School Girls Varsity Basketball Team in honor of their accomplishments and winning the State Tournament.
 
RESOLUTIONS:  Motion by J. Albrecht and seconded by H. Gerrish to pass Resolution Item 1 – 6 under the Omnibus Agreement.  All ayes.  Motion carried.
 
J. Albrecht read the following resolutions aloud:
 
Item 1 - A Resolution authorizing the Mayor to execute agreements with IDOT in support of the North Green Mount Road Project and Horner and Shifrin for the design and authorizing the use of local motor fuel tax to support project in the amount of $5,000,000.
 
Item 2A Resolution authorizing the Mayor to execute an agreement with Oates Associates, Inc. for design of Southview Subdivision drainage rehabilitation in the amount of $26,000
 
Item 3A Resolution authorizing the Mayor to execute an agreement with Rhutasel & Associates for the design of the relocation of the Highway 50 transite waterline in an amount not to exceed $8,500.00
 
Item 4 A Resolution authorizing the Mayor to execute an agreement with Oates Associates, Inc. for the staking and testing related to the East Wesley pavement reconstruction, and for the use of motor fuel tax to support in the amount of $29,741.13
 
Item 5A Resolution supporting a joint agreement between the cities of Fairview Heights and O’Fallon for improvements to Old Collinsville Rd & Highway 50
 
Item 6A Resolution to declare a surplus of funds in the Special Tax Allocation Fund for the City’s TIF project area (#3 Central Park)
 
Motion by J. Albrecht and seconded by E. True to approve the resolutions under the previous Omnibus Agreement.
 
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.
 
ORDINANCES:
 
1st Reading – Motion by J. Albrecht and seconded by M. Bennett to consider on 1st Reading, Item 7, An Ordinance amending the City of O’Fallon Municipal Code to permit video gaming terminals at licensed establishments in the City of O’Fallon in accordance with the Illinois Video Gaming Act.
 
R. Holden made a motion and seconded by M. Bennett to amend Item 7, to delete in its entirety paragraph number 5 and replace it with the State verbiage except the section referencing “or other means of separation”.
 
Mayor Graham clarified that it is not a designated area, it can have an open wall. Dale asked for clarification, and R. Holden answered that some were concerned that it not be just a piece of tape.
 
M. Bennett said that the word is confusing where it states that the terminals are out of view, but the bartender has to visibly see the patrons.  The goal was that there is not just a piece of masking tape down.  We are adding too much to it.  The difference between each establishment is varied.
 
E. True said he knows there are pros and cons, but he is concerned that someone could gamble more frequently, and the family could be affected.
 
ROLL CALL: McCoskey, no; Meile, aye; True, aye; Albrecht, no; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, no; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye.  Ayes - 11; Nos – 3. Motion carried.
 
Motion by J. Drolet and seconded by M. Bennett to amend the motion to remove item 7 per staff recommendation, as the State Gaming Board is responsible for removal of machines.  
 
ROLL CALL: McCoskey, no; Meile, aye; True, no; Albrecht, no; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, aye; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye.  Ayes - 11; Nos – 3. Motion carried.
 
G. McCoskey said the referendum was close at 52 – 48, so not everyone is for gambling.  He considers this a quality of life issue.  This would make a significant change in our community.  The State created this law as just another remedy to raise revenue.  Over two hundred communities have said no to it.  This would only help forty businesses in O’Fallon.  It is all or nothing.  A no vote is not against vets, as he knows you need revenue.  Sixty percent of the gambling losses go out of O’Fallon, and if the owner of the business lives out of O’Fallon, that is 35% more.  This law creates cities battling against one another.  This is not another form of entertainment.  There is a list of organizations that help people with gambling addictions.  It is paid by your tax dollar.
 
M. Bennett agrees with a lot of the points that were made against gambling, but he said the referendum showed that the people wanted it.  There was no organized resistance.  He said the Hut which is just outside the city limits has gaming machines.
 
C. Cardona stated she supports O’Fallon businesses.  However, she is not for video gaming.  She does not want her children to be exposed to the gambling, as it will be permitted at restaurants.  She believes that there should be an adult room out of the sight of children.
 
J. Albrecht added that there was a 400 vote difference on the referendum.  People have told him that the question was confusing.
 
Mayor Graham said that there would be a six million dollar loss in O’Fallon.  Every church in town has people who show up for help.  We have the Food Pantry.  People have told him that they voted yes that they did not want video gaming.
 
Motion by R. Holden and seconded by M. Bennett to consider on 1st Reading, Item 7, An Ordinance amending the City of O’Fallon Municipal Code to permit video gaming terminals at licensed establishments in the City of O’Fallon in accordance with the Illinois Video Gaming Act, as amended.
 
ROLL CALL: McCoskey, no; Meile, aye; True, no; Albrecht, no; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, no; Hursey, aye; Holden, aye; Cozad, no; Gerrish, no.  Ayes - 8; Nos – 6. Motion carried.
 
Motion by J. Albrecht and seconded by M. Bennett to consider on 1st Reading, Item 8, An Ordinance amending Chapter 116 of the Code of Ordinances establishing a video gaming liquor license classification.
 
ROLL CALL: McCoskey, aye; Meile, aye; True, aye; Albrecht, no; Mouser, aye; Hagarty, aye; Drolet, aye; Roach, aye; Bennett, aye; Cardona, no; Hursey, aye; Holden, aye; Cozad, aye; Gerrish, aye.  Ayes – 12; Nos – 2.  Motion carried.
 
Mayor Graham said that forty-two businesses could qualify to own the machines with the potential of having 210 machines.  We are proposing a license of $1,000 per machine and $250 for the fraternal organizations to try to limit the machines.
 
2nd Readings
 
Motion by J. Albrecht and seconded by E. True to approve Item 9 on 2nd Reading, an Ordinance amending Chapter 111 “Peddlers and Solicitors”, Section 111.02 and 111.09.
 
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.
 
STANDING COMMITTEES
 
Community Development:J. Albrecht stated the committee will meet February 9th at 6:00 p.m. at the Public Safety building.
 
Public Works:  R. Meile said he needed a motion to purchase pipe materials from Schulte Supply for the Howard Place drainage project.  Motion by J. Mouser and seconded by J. Albrecht to approve the purchase.
 
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.
 
He announced that they will meet February 23rd at the Public Safety Building at 7:00 p.m.
 
Public Safety:  K. Hagarty said they will meet at 5:00 p.m. February 9th at the Public Safety Building.
 
Finance/Administration:  Motion by M. Bennett and seconded by J. Albrecht to approve Warrant #318 in the amount of $963,562.49.
 
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 February 9th at 5:30 p.m.
 
EXECUTIVE SESSION:   No closed session.
 
Mayor Graham announced that there will be a hearing here on Wednesday at 8:00 a.m. on the question that is on the ballot.  The objectors are opposing the City’s question on the ballot.  The opposition has asked to have the City’s question removed from the ballot but not theirs.  The city did not oppose their question, as it came from the public.  It is an open meeting.
 
ADJOURNMENT:  Motion by J. Albrecht and seconded by G. McCoskey to adjourn.  All ayes.  Motion carried.
 
The meeting was adjourned at 7:59 p.m.
 
Submitted by,
 
 
 
__________________________
Philip A. Goodwin
City Clerk                                                                                                       
                                                                                                                               
Minutes recorded by
Maryanne Fair, Deputy City Clerk
Proper notice having been duly given