City Council

Meeting date: 
Monday, May 18, 2015
O’FALLON CITY COUNCIL
MINUTES OF THE REGULAR COUNCIL MEETING
May 18, 2015
 
The regular meeting was called to order at 7:03 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; Robert Kueker, present; Jerry Albrecht, present; Jerry Mouser, present; Kevin Hagarty, present; Matthew Smallheer, present; Herb Roach, present; Michael Bennett, present; Courtney Cardona, present; Ned Drolet, 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 May 4, 2015.  All ayes.  Motion carried.
 
PUBLIC HEARING – None scheduled.
 
RESIDENTS:    Mayor Graham invited any resident who wished to speak to come forward.
 
Todd Roach representing the District 90 School Board talked about how the TIF will affect the school.  He discussed a letter that was sent earlier.  The District is willing to work with the city.  He stated that the District is on the State list as one of fifteen of the worse financial districts.  They are on the watch list.  The State has cut their aid for the last four years.  He stated that 95% of their funding comes from residential and agricultural.  They understand the TIF is there to generate more funds for the City.  They are asking for a pass-through that is agreeable to both that will fund the schools.  A proposal was given on April 16th and are willing to get 25% outside of Southview and 50% within.
 
Mayor Graham responded if they are willing to stop development and get nothing?  T. Roach answered that they are willing to work on an agreeable pass-through, as they are not looking to stop the TIF.
 
J. Drolet came forward and stated he echoes the statement by T. Roach.  He was concerned about the downtown area competing with Southview, as the money goes into a pool.  How do you protect the downtown businesses when they want to upgrade their property when Southview is competing?  They could have to wait potentially twenty years.
 
T. Shekell stated the TIF is going to be handled by paying as you go.  So if a small business owner makes improvements, it will be given back to the owner on their eligible costs.  Some businesses can choose to exclude themselves in answer to J. Drolet’s question.
 
Mayor Graham added that it also includes over twenty-three years for improvements.
 
J. Drolet also spoke about Item 1 and how we are going to pay for the feasibility study.  He believes the bonded debt will go against the city which would prevent you from bonding for infrastructure.  He requested the Council table the resolution for now until you come up with the financing structures.
 
Mayor Graham responded that our job is looking down the road in five years.  The study is not about building tomorrow but for the future needs.  It is about planning ahead.
 
Terry Lysakowski stepped forward to state he would prefer the city work on infrastructure needs and is opposed to an aquatics center.
 
REPORTS: 
 
Clerk’s Report:  City Clerk Goodwin had nothing to report.
 
Mayor’s Report:   Mayor Graham read a proclamation declaring the week of May 17 – May 23, 2015 as National Public Works Week and a Proclamation declaring the month of May as Building Safety Month.
 
He announced that this month’s Southwestern Illinois Council of Mayors will be held Thursday, May 28th at Roemer Topf in Mascoutah.  Please contact Jamie by May 22nd to make your reservation.
 
RESOLUTIONS:  Motion by J. Albrecht and seconded by G. McCoskey to approve Item 1 – a Resolution authorizing the Mayor to enter into an agreement with Ballard*King & Associates for the purpose of professional services conducting a feasibility study for the Town Centre/Community Recreation Centre in an amount not to exceed $24,000.
 
M. Smallheer said he would like to leave it until after July 1st.  He was concerned about cuts from the State.  Mayor Graham said it has been budgeted for the next year.
 
H. Roach agreed with Mr. Smallheer as we may have to trim $400,000.  We should look further into it.
 
J. Albrecht stated if we do the Feasibility Study then you have something to go to potential partners with.  If we had not been planning in the last fifteen years, we would not have been ready for the development that occurred.
 
M. Bennett agreed we need to go ahead with this.  We should be dealing from a position of knowledge.  Mary Jeanne has been looking into this.  We need to know if the center is feasible.  The funds from the center would support it from the revenue generated.  We would not bond out.  There is an old saying, “If you are failing to plan, you are planning to fail”.
 
M. Smallheer clarified he is not against the study, he just does not think the timing is good.
 
R. Kueker is also concerned that we may be getting less money after the first of July.  He thought we would have to revise our budget at that time.
 
W. Denton said we just entered our 2016 budget.  The State enters theirs in July.  The current proposal is a decrease in our income tax revenue which goes into the General Fund.  The study would come out of the Parks budget which does not come out of the General Fund.
 
Mayor Graham said the Governor has asked to defer the LGDF until next year. So that possibly would not change our budget.  This is not the first time we have had this issue.
 
R. Kueker said we will not get a reduction, so what we show right now is what we will get through April 30, 2016, so we may not have to reduce the budget?
 
W. Denton said we just do not know yet.  So far nothing has been passed in the General Assembly.
 
R. Kueker said the study is discretionary.  The Parks receive 5% of the utility tax.  He is not against the study, just the timing.
 
G. McCoskey added that we have over 540 items in the warrant tonight.  The City business has to go on.  If cuts have to be made, we will do it.  When it comes to planning, you have to look forward.  We have always been fiscally responsible.
 
N. Drolet said we have had other studies that came back restrictive, such as the Library.  Mayor Graham clarified that the Library is a different taxing body.  N. Drolet said there is no urgency here for this study.  We should wait to see what the budget is doing in a few months.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, no; Mouser, aye; Hagarty, no; Roach, no; Smallheer, no; Bennett, aye; Cardona, aye; Holden, aye; Drolet, no; Cozad, aye; Gerrish, aye.  Ayes – 9; Nos – 5.  Motion carried.
 
Motion by J. Albrecht and seconded by G. McCoskey to approve Item 2 – a Resolution authorizing the Director of Finance to secure a lease/purchase agreement for equipment/vehicles for FY 2015/2016.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 14; Nos – 0.  Motion carried.
 

 
ORDINANCES:
 
1st Reading –
 
Motion by J. Albrecht and seconded by J. Mouser to consider on 1st Reading, Ordinance items 4, 5, and 6 under the Omnibus Agreement.  All ayes.  Motion carried.
 
Mayor Graham read the resolutions:
 
Item 4 – An Ordinance. amending Ord. 623, Zoning, development known as Fezziwig’s
 
Item 5 – An Ordinance amending Ord. 623, Zoning, development known as Academy
Sports
 
Item 6 – An Ordinance approving the execution of an Economic Incentive agreement between the City of O’Fallon and Washington Prime
 
Motion by J. Albrecht and seconded by J. Mouser to approve on 1st Reading, Ordinance items 4, 5, and 6 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; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 14; Nos – 0.  Motion carried.
 
Motion by J. Albrecht and seconded by J. Mouser to consider on 1st reading Items 7, 8 9, and 10, under the Omnibus Agreement.  All ayes.  Motion carried.
 
Mayor Graham read items 7, 8, 9, and 10:
 
Item 7 – An Ordinance authorizing the execution of an Intergovernmental agreement with O’Fallon Community School District 90 and O’Fallon Township High School District No. 203
 
Item 8 – An Ordinance approving the Tax Increment Redevelopment Plan and Project for the Central City Redevelopment Project Area
 
Item 9 – An Ordinance designating the Central City Redevelopment Project Area
 
Item 10 – An Ordinance adopting Tax Increment Financing for the Central City Redevelopment Project Area
 
Motion by H. Roach to send items 7, 8, 9, and 10 to committee until the District and City can come together and talk.
 
T. Shekell said the attorneys have looked at the District’s letter, but they felt it was too far from it.  They felt it was not feasible.  Mayor Graham added we have an agreement with District 203.  T. Shekell said they had Mr. Bruckert and Mr. Weber look at it, and they said in particular Southview is the hardest piece to develop because of the cost.  It is $800,000 to one million per acre to get the ground leveled and ready for development.  With the cost of demolishing buildings, it just gets too far out for a violable project with a 50% pass-through.
 
M. Bennett said he would like it to pass on 1st reading.  He is optimistic that an agreement can be met at 10%.  It is a time consuming process.  Mayor Graham asked him what his basis of 10% is, as there is the downtown and Southview.  M. Bennett said we have been very proud that we have not raised property taxes.  He supports Southview development.  However, the streetscape will make the downtown area look nice, but that takes property tax dollars.  We should find a different funding for that kind of improvement.  We should not compete with the schools for tax dollars.
 
Mayor Graham said the school districts are looking at a County wide vote for sales tax.  There is no money in the TIF.  We set it up, so the individual businesses get back their increment individually.  The City also has an option to disperse it back to the schools.
 
M. Bennett said that consolidation is the end result true solution.  I think the City still has room to negotiate with the schools.
 
Motion died from a lack of a second.
 
N. Drolet stated he has to refrain from discussion and voting on the TIF or anything associated with the business or redevelopment plan project area, as he is a property owner.
 
Motion by J. Albrecht and seconded by J. Mouser to approve on 1st reading Items 7, 8, 9, and 10 under the previous Omnibus Agreement.
 
H. Roach added that we have been creative helping new businesses, and we can be creative with helping existing businesses.  We could assist in the demolition in Southview.
 
Vote on original motion - ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, no; Smallheer, no; Bennett, aye; Cardona, aye; Holden, aye; Drolet, recuse; Cozad, aye; Gerrish, aye.  Ayes – 11; Nos – 2; Recuse - 1.  Motion carried.
 
2nd Readings
 
Motion by J. Albrecht and seconded by K. Hagarty to approve on 2nd reading Item 11, an Ordinance establishing and designating the Route 50/Scott-Troy Road Business District and approving the Route 50/Scott-Troy Road District Plan.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, no; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 13; Nos – 1.  Motion carried.
 
Motion by J. Albrecht and seconded by K. Hagarty to approve on 2nd reading Item 12, an Ordinance establishing and imposing certain Business District taxes in the Route 50/Scott-Troy Road Business District.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, no; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 13; Nos – 1.  Motion carried.
 
Motion by J. Albrecht and seconded by K. Hagarty to approve on 2nd reading Item 13, an Ordinance amending Section 94.03 of Chapter 94.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, no; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 13; Nos – 1.  Motion carried.
 
STANDING COMMITTEES
 
Community Development:Motion by J. Albrecht and seconded by G. McCoskey to approve the Special Event requests from Wal-Mart to have storage trailers with conditions.  All ayes.  Motion carried.
 
Public Works: G. McCoskey stated they had no business to bring forward.
 
Public Safety:  C. Cardona said the next meeting will be June 8th at the Public Safety Building.
 
Finance/Administration:  Motion by M. Bennett and seconded by J. Albrecht to approve Warrant #325 in the amount of $565,799.54.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 14; Nos – 0.  Motion carried.
 
Parks and Environment:  R. Holden said the committee will meet June 8th at 5:30 p.m. at the Public Safety Building.
 
EXECUTIVE SESSION:   Mayor Graham stated he needed a motion to go into Executive Session to discuss purchase of real estate.  Motion by J. Albrecht and seconded by J. Mouser to go into closed session.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 14; Nos – 0.  Motion carried.
 
The Council went into closed session at 8:00 p.m. and returned at 8:11 p.m.
 
Motion by J. Albrecht and seconded by M. Bennett to consider on 1st Reading, Ordinance Item 3, authorizing the purchase of real estate at 112 North Lincoln.
 
ROLL CALL: McCoskey, aye; Meile, aye; Albrecht, aye; Kueker, aye; Mouser, aye; Hagarty, aye; Roach, aye; Smallheer, aye; Bennett, aye; Cardona, aye; Holden, aye; Drolet, aye; Cozad, aye; Gerrish, aye.  Ayes – 14; Nos – 0.  Motion carried.
 
J. Albrecht commended the NickFest group for a nice event.  It was a great effort.
 
H. Roach agreed.  He added that on behalf of the American Legion, he would like to thank the City Council and the citizens of O’Fallon for their generosity and success of the roadblock this past weekend.
 
ADJOURNMENT:  Motion by J. Albrecht and seconded by G. McCoskey to adjourn.  All ayes.  Motion carried.
 
The meeting was adjourned at 8:12 p.m.
 
Submitted by,
 
 
 
__________________________
Philip A. Goodwin
City Clerk                                                                                                       
                                                                                                                               
Minutes recorded by
Maryanne Fair, Deputy City Clerk
Proper notice having been duly given