City Council

 

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

 

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

 

APPROVAL OF MINUTES:  Mayor Graham asked for approval of the minutes.  Motion was made by N. Drolet and seconded by K. Hagarty to approve the minutes of June 20, 2016.  All ayes.  Motion carried.

 

PUBLIC HEARING – Mayor Graham called the Public Hearing open at 7:01 p.m. for Annexation agreement with Thomas Williams and James Ford for approximately .77 acres located at 8676 E. Hwy 50, Lebanon, Illinois.  Mayor Graham called two times for public input. Thomas Williams came forward with the following comments: He questioned why he needed to put up a privacy fence. He believes they will lose security as others in the area have a chain link fence. The Mayor asked if he would like to withdraw his request or place it on hold. He suggested talking to the neighbor before proceeding.  The Public Hearing was continued to the July 18^th meeting.

 

 

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

 

Terry Lysakowski came forward to voice his displeasure that the Council did not keep the crossing guard program. He is concerned about the children’s safety.

 

Andrew Carruthers, attorney representing the Modular Home Builders Association, came forward to discuss Item 11 on the agenda. He believes the language is too restrictive. He requested a delay on the vote to give more time for discussion. The modular home is wood and built elsewhere and brought in. He said the change appears to be more on appearance and roof pitch, so the amended language in the Ordinance would not prevent the exact style house from coming in.

 

K. Hagarty asked if the amendment would not stop modular homes coming in. Mayor Graham said we are not eliminating them; it will now go through a hearing process. We needed to have a law to protect other homeowners.

 

Kevin Wilson of Scott-Banzai Homes said the individual in question had to go through a process. He drove by the home in question and said it should not have been permitted.  Mayor Graham replied that it did meet the current law.  Kevin Wilson added that in Centreville, the front entrance has to face the road. Mayor Graham replied that is why we have the new law for approval.

 

Ron Sergott spoke about the parking lot at the church. He likes they are going to place a detention pond in the parking area. He said the stream is a mess and should be cleaned up.  He has seen 24 x 6 foot logs in it. He said it should be cleaned out every six months. The property is torn apart in the area. His neighbor has lost a lot of his property due to the erosion over the last twenty-five years. He thinks people should be cited for throwing things into the stream. He thinks the parking lot is the best solution to the erosion.

 

Mayor Graham replied that it is against the law to throw things into the stream. He will have someone look into it.

 

Rich Lunan, First United Methodist Church Board, said they had two studies conducted by an engineering firm. The studies show that the parking lot will not increase water to the creek.

 

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

 

 

Motion by M. Bennett and seconded by R. Meile to approve the requests. All ayes. Motion carried.

 

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

 

RESOLUTIONS:  Motion by M. Bennett and seconded by K. Hagarty to consider Resolution, items 1 – 6 under the Omnibus agreement, as Item 7 is on hold pending the continuation of the Public Hearing.  All ayes. Motion carried.

 

Mayor Graham read the following resolutions aloud:

 

Item 1 - A Resolution authorizing the Mayor to sign a lease with the O’Fallon-Shiloh Chamber of Commerce of the City of O’Fallon, Illinois

 

Item 2 - A Resolution authorizing the Mayor to sign an Illinois Department of Transportation (IDOT) Local Agency Agreement for Federal Participation for the construction of the Illini Bike Trail and Pedestrian Improvement Project in the amount of $493,690, Section 14-00066-00-BT

 

Item 3 – A Resolution authorizing the Mayor to execute a Construction Engineering Services Agreement for Federal Participation with Rhutasel & Associates for Construction Engineering Services related to the Illini Bike Trail and Pedestrian Improvement Project in an Amount of $17,050.00, excluding potential reimbursables and for use of MFT Funds in the Support of Project, Section 14-00066-00-BT

 

Item 4 – A Resolution authorizing the Mayor to execute an agreement with Rhutasel & Associates, Inc. for the West Highway 50 Resurfacing

 

Item 5 - A Resolution authorizing the Mayor to execute agreements with Lochmueller Group for the design of Regency Park Drive Reconstruction and Concrete Patching in an amount of $61,967.00

 

Item 6 - A Resolution authorizing the Mayor to sign an off-site sign agreement for the sign located at East State Street and Behrens

 

Motion by M. Bennett and seconded by R. Kueker to approve resolution, items 1 – 6 under the previously approved Omnibus agreement. 

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, aye; Gilreath, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye.  All ayes.  Motion carried.

 

 

1^st Reading – Motion by M. Bennett and seconded by H. Roach to place on 1^st Reading, item 8, an Ordinance amending 623, Zoning, Development known as First United Methodist Church Parking Lot located at 504 E. Hwy 50.

 

K. Hagarty said he and Matt had spoken to the neighbors in the area about the parking lot. The neighbors said no. He would like to see the engineering report at the next committee meeting.

 

H. Roach said he knows that Ron tries to protect the area from flooding. The Church has tried to address it and needs the exit on a side street, as well as the fencing area and properly landscaping the area. This is the first time the area has had a detention pond.

 

M. Gilreath stated he had grown up in that neighborhood. He said the engineering firm has placed their license on the line with the parking lot. He is okay with it as long as the privacy fence, foliage, and detention pond are in place.  He commended the church for their neighborliness.

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, no; Gilreath, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye.  Ayes -10; no -1.  Motion carried.

 

Mayor Graham announced that Item 9, an Ordinance annexing Certain Territory, containing approximately 0.74 acres and item 10, an Ordinance amending 623, Zoning, Development known as “8676 East Highway 50 boat, RV and vehicle storage”) located at 8676 east highway 50 are on hold pending the Public Hearing.

 

2nd Readings – Motion by M. Bennett and seconded by K. Hagarty to consider on 2^nd Reading, Items 12 – 16 under the Omnibus agreement, as C. Marsh asked to consider Item 11 separately.  All ayes. Motion carried.

 

Item 12 – An Ordinance amending Chapter 77, Stop Sign – Hesse and N. Madison

 

Item 13 – An Ordinance authorizing the execution of the Redevelopment Agreement with Metro Inflatables, LLC (Fezziwig’s)

 

Item 14 – An Ordinance approving the Final Plat of Milburn Estates, 1^st Addition

 

Item 15 – An Ordinance approving the Final Plat of Parkview Meadows – Phase 1

 

Item 16 – An Ordinance amending Development known as Lincoln Park Villas PUD, located at 1159 Lincoln Avenue

 

Motion by M. Bennett and seconded by K. Hagarty to approve on 2nd reading, Items 12 – 16 under the previously approved Omnibus Agreement.

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, aye; Gilreath, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye.  All ayes.  Motion carried.

 

Motion by M. Bennett and seconded by K. Hagarty to approve on 2nd reading, Item 11, an Ordinance amending Section 158.037 (6) of Chapter 158: Zoning, Permitted Structures, as amended.

 

C. Marsh asked if we have aesthetic standards currently on how they face the street? Mayor Graham responded that we do not. T. Shekell replied that several years ago we had an issue and a moratorium was set about side doors, roof pitches, etc. but it has expired. In reply to the concern addressed by C. Marsh, he replied that it is something we need to address in the future.

 

M. Bennett added that we will need a special review process that could take months, we should address this problem now.

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, aye; Gilreath, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, no; Holden, aye; Drolet, aye; Gerrish, aye.  Ayes – 10; no -1.  Motion carried.

 

 

Community Development:  The committee will meet next Monday at the Public Safety Building at 5:30 p.m.

 

Public Works:  R. Meile stated they will meet July 25th at 7:00 p.m. at the Public Safety Building.

 

Public Safety:  C. Marsh stated they will meet next Monday at 5:00 p.m. at the Public Safety Building.

 

Finance/Administration:  M. Bennett said they met prior to this meeting.  M. Bennett made a motion seconded by H. Roach to approve Warrant #353 in the amount of $1,301,422.45.

 

M. Smallheer asked to recuse himself as his company is listed in the warrant.

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, aye; Gilreath, aye; Roach, aye; Smallheer, recuse; Bennett, no; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye.  9 - ayes, 1 – recuse, 1 - no.  Motion carried.

 

Parks and Environment:  R. Holden said they have may have a meeting next Monday.

 

EXECUTIVE SESSION:   Mayor Graham announced the Council would go into closed session on legal matters to discuss imminent litigation.

 

Motion by K. Hagarty and seconded by H. Gerrish to go into closed session.

 

ROLL CALL: Meile, aye; Kueker, aye; Hagarty, aye; Gilreath, aye; Roach, aye; Smallheer, aye; Bennett, aye; Marsh, aye; Holden, aye; Drolet, aye; Gerrish, aye.  All ayes.  Motion carried.

 

Council went into Executive Session at 7:47 p.m. and returned at 7:59 p.m.

 

Motion by M. Bennett and seconded by R. Meile to initiate the use of litigation, as discussed in Executive Session.  All ayes. Motion carried.

 

ADJOURNMENT:  Motion by N. Drolet and seconded by M. Bennett to adjourn.  All ayes.  Motion carried.

 

The meeting was adjourned at 8:00 p.m.

 

Submitted by,

 

 

 

__________________________

Philip A. Goodwin

City Clerk                                                                                                                              

                                                                                                                                                           

Minutes recorded by

Maryanne Fair, Deputy City Clerk