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City of Belleville City Council met July 17.

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City of Belleville City Council met July 17.

Here is the minutes provided by the Council:

Mayor Mark Eckert called this meeting to order.

Mayor Eckert explained the disaster procedures. Mayor Eckert reminded anyone speaking this evening to step up to a microphone because the meetings are being taped and posted the next day on the website.

Mayor Eckert requested City Clerk Jennifer Gain Meyer to call roll. Members present on roll call: City Clerk, Jennifer Gain Meyer, City Treasurer Hardt and City Attorney Hoemer. Aldermen: Alderman Kinsella, Alderman Hazel, Alderman Buettner, Alderman Randle, Alderman Tyler, Alderman Anthony, Alderman Ovian, Alderwoman Schaefer, Alderman Dintelman, Alderwoman Stiehl, Alderman Weygandt, Alderman Elmore, Alderman Wigginton, and Alderman Barfield.

Alderwoman Puss excused.

Roll Call Department Heads:

Roll Call Department Heads: Police Chief, Bill Clay; Fire Chief, Tom Pour; City Engineer, Tim Gregowicz; Director of Maintenance, Ken Vaughn; Human Resource Director, Sherry Favre; Director of Parks; Recreation, Debbie Belleville; Health and Housing Director, Bob Sabo; Director of Public Works, Jason Poole; Director of Wastewater, Royce Carlisle; Director of Economic Development, Annissa McCaskill and Director of Library, Leander Spearman.

Finance Director, Jamie Maitret excused.

Pledge:

Mayor Eckert led the Pledge of Allegiance.

Public Hearing:

Public Hearing Open: 7: 02 p.m.

Vacating easement on Freedom Drive

Mayor Ecker stated this is an easement that was established many years ago before the properties were annexed into the city for utilities; however, it was never needed.

The owners contacted the city and after review it was agreed that there is no purpose for this easement.

Public Hearing Public Participation:

Stewart Lannert-

Requested the crime issue to be looked into along Freedom Drive.

Michael Haebere-

When the easement was originally created was the property owner paid for the easement? Since it is being vacated should the money be returned to the City. Mayor Eckert stated the City of Belleville did not pay for the easement since said property was not in the City at that time.

Public Hearing Closed: 7: 05 p.m.

Public Participation:

Rose Wilson-

She cannot believe four years have gone by since the crime free ordinance was passed. She encouraged the aldermen to vote for another four years for crime fee housing. Crime free housing in the Franklin Neighborhood and in her area has been phenomenal.

Tom Westerheide-

He has been having issues at his residence with groundhogs for several years. He does not have a fenced yard and he tethers his dogs outside when they do their business. On March 28th, his dogs got into an altercation with a fully grown groundhog. He also got bit by the groundhog and damaged his right knee which required surgery.

He had to go through rabies regime because the groundhog got away. He called the police department and was informed there was nothing the police department could do and a report was not taken. The police referred him to health and housing. He contacted health and housing and spoke with Bob Sabo. Mr. Sabo informed him the city has received reports about the groundhog problems and the city has investigated the cost to get rid of the groundhogs. After the city received quotes for removal they decided it was too expensive.

The issue is no longer a situation for a health and housing problem it is now a health, life and safety issue.

Mayor Eckert advised the city is in agreement and is creating a policy and working through IDNR to address the groundhog problem.

Joy Schreiber-

She is concerned about the TIF agreement with Auffenberg Ford. Considering that in 1999- 2015 they were given $2.36 million dollars out of the TIF. She does not see the property value has increased and with the new agreement there is no expectation with the property value increasing. The cost looks like furniture, a Ford decal on the floor, wall decals. None of this increases property value, none ofthis increases their sales of their vehicles. There is a discrepancy on the request for$ 42 million dollars of sales annually and on the agreement is stated $24 million. $24 million is in align with the same agreement in 1999. She hopes the S42 million is a more accurate figure.

She is opposed to the TIF money since the TIF money is running out. There are better places the money can be spent.

Drew Weber-

He is present on behalf of Wal-Mart and his team will answer any questions regarding the topics on the agenda.

Stewart Lannert-

Auffenberg skipped out of taxes a while back and took the money to the Cayman Islands.

Wal-Mart can keep their parking spaces as wide as the city codes specifies. They do not need to make them narrower.

A billion dollar Kroger needs $ 200 from bankrupt City of Belleville to build a grocery store at the Bel-Aire Bowl.

A million dollars for a swamp( Bicentennial Park) which is still a mess.

Michael Hagbere-

Regarding the Auffenberg deal this is not a TIF rebate that the city is doing. The money the city previously gave them has far outweighed any money they have paid into the TIF over the entire 30 year ofthe TIF so far.

On the flip side there is a TIF agreement with Dollar General where the TIF is only funding 7% of the cost of the project. That is more in line with helping a business to develop a vacant property and bring more business into the city.

Driving around town last Friday night was a nightmare. Many roads blocked off, many streets could not pass because of Tour de Belleville. The taxpayers have spent millions of dollars on bicycle trails throughout the city. Would you think Tour de Belleville could utilize the bike trails instead ofthe main roadways to have their tour. This would also apply to 5K runs.

Alex McHugh-

TIF is a powerful tool for economic development. It continues to draw a tremendous amount of criticism from the public. Nobody want to see another vacant property. Every city has vacant properties but nobody wants another vacant property.

If we believe Belleville truly has something to offer then that has to be reflected upon with the quality, depth and width of the deals and incentive packages. This will put $2.4 million into the general fund after the city reimburses the $ 1. 2 million that Auffenberg is asking for.

Can the city, with TIF funds, enter into a lease hold agreement( with a lessee or a lesser)? What are the sales receipts? If someone came to you and asked you for$ 1, 200,000 of your money you would want to see their income - sales receipts.

Chief Clay-

Regarding the crime free ordinance. He thanked the committee for the work they have done over the last four years. This program is critical on how the police department fight crime. People always have to have a place to stay ( criminals as well). He does not want to see this ordinance leveraged every four years.it works. Recommending a permanent ordinance.

Dave Valentine-

Up and down Belleville there is litter and trash that he picks up. There are yard sale signs that stay up for two to three weeks. There are problems with children jumping on neighbors vehicles and throwing rocks in pools.

Presentations, Recognitions & Appointments:

Item withdrawn. Mayor Eckert will recommend to appoint William D. Stiehl, Jr. to serve a 3 year term on the Board of Fire and Police Commission.

***

Alderman Gas made a motion seconded by Alderwoman Schaefer to reappoint the following members to serve on the Historic Preservation Commission for a one year term: Jack LeChien, Douglas Luna, Keith Owens, Ashley Pollock, and Ryan Wallis.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gan, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderman Dintelman to appoint Alderman Rafft Ovian tofilla vacancy on the Crime Free Housing Committee in the capacity as council member, vacated by Bob White.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 14)

Alderman Ovian abstained.

Approval of Minutes:

Alderwoman Stiehl made a motion seconded by Alderwoman Schaefer to accept and file the minutes ofCity Council July 3, 2017.

All members voted aye.

Claims, Payroll, and Disbursements:

Alderman Anthony made a motion seconded by Alderman Wigginton to approve claims and disbursements in the amount of$2,533,286.57 and payroll in the amount of$872,494.84.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Weygandt, Elmore, Wigginton and Barfield. (15)

Reports:

Alderman Kinsella made a motion seconded by Alderman Buettner to approve Treasurer Report— June 2017 and Statement ofCash and Investments Report—June 2017.

All members voted aye.

Oral Reports:

Oral Reports From Standing Committees, Special Committees And Any Other Oral Reports From The Elected Officials Or Staff

Zoning Board:

Alderman Wigginton made a motion seconded by Alderman Anthony to approve 32-MavI7- Wal-Mart Stores: A request for a Special Use Permit for a Convenience Store at 1601 South 74 Street and adjoining parcels ( Parcel numbers: 07- 14.0-200-031, 07- 11. 0-409-001, 07- 11. 0-400- 004, 07- 14.0-200-032) located in a C-2 Heavy Commercial Zoning District. (Applicable section of Zoning Code: 162.248, 162.515.) Ward 8 Zoning Board Recommended Approval. The motion carried 6- 0.

All members voted aye.

Economic Development:

Alderman Kinsella made a motion seconded by Alderwoman Schaefer to approve a development agreement with A Night to Remember, LLC for the remodeling of the existing facility located at 315 Sherman Street.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderwoman Schaefer to approve a development agreement with Marco Investment Group, LLC for the development of a retail complex located at 2391 West State Route 161.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderman Wigginton to approve a development agreement with Auffenberg Ford Inc. for the remodeling of the existing facility located at 901 South Illinois Street.

Discussion.

Assistant Director of Economic Development, Eric Schauster, stated there was miscommunications regarding the investment dollars. The 1.5 million in the original draft agreement was for the improvements that are mandated by Ford Motor Company. There are additional improvements in the amount of$ 500,000. There is a total investment of$ 2,000,000 on the site by Auffenberg. Their ownership is irrelevant since they are paying for the remodel. Mayor Eckert stated this is not uncommon from other deals. The completion date has been extended. The percentage is 60%.

Mayor Eckert stated he spoke with Jamie Auffenberg and he hopes the price is $ 2,000,000 but may be greater. Mayor Eckert stated dealing with Detroit is not easy.

Assistant Director of Economic Development, Eric Schauster, stated there will be increase in value of the property and may be assessed differently. This is not tied to their sales tax it is a reimbursement of TIF eligible expenses. There have not been any threats; however, if they would leave it would be up to Economic Development to fill the space and there would be a loss of 75 jobs.

Alderman Wigginton asked ifthe State is taking 2% off the top of sales tax. Mayor Eckert stated with the budget being passed there will be a 2% charge to handle the sales tax. Mayor Eckert stated the Director ofFinance, Jamie Maitret, advised this will be approximately $150,000 less in sales tax.

Alderman Buettner asked why is Auffenberg getting 60% return and Marco is getting 6%; Assistant Director of Economic Development, Eric Schauster, stated it is based on sales tax and jobs.

Alderman Elmore stated he received the new agreement at 4:30 pm this date. Alderman Elmore asked what will happen if they don't spend $2,000,000 over the five years; Assistant Director of Economic Development, Eric Schauster, stated it will be revisited. Alderman Elmore is delighted Auffenberg wants to stay in Belleville; however, he is not on Finance or Economic Development and is just learning of this and requested to wait until the next council meeting. Mayor Eckert stated over his tenure as mayor he has had many dealings with car dealerships out of Detroit and they have been very unique and his advice is to lock in. With the agreement Ford will allow the dealership to stay in Belleville for another 15 years.

Alderman Hazel stated they have to spend $ 2,000,000 by December 31, 2018 and the city's payments are over five years.

Alderwoman Stiehl stated this is a family owned car dealership that is investing in Belleville.

Alderman Tyler stated it would be a major loss to lose Auffenberg. How many people on the council bought their car in Belleville. Regarding the 60/40 split he has asked for the numbers and was told it was confidential. He was told they were in the top 15 in sales tax in the city. When the next 14 on the list come to the city needing to remodel and ask for 60% what will the city do; Mayor Eckert stated they will be judged individually.

Alderman Tyler asked if the agreement in 1999 was for $24,000,000; Mayor Eckert stated they had $ 1,000,000 investment and the city paid them back over 15 years $ 2,100,000. Alderman Tyler stated cars are more expensive than they were 18 years ago. Assistant Director of Economic Development, Eric Schauster, stated he did not work on that agreement and is unsure if that is total sales or taxable sales. Alderman Tyler stated he thinks the potential is to be more than$ 24,000,000; Mayor Eckert concurred.

Alderman Randle stated he understands the numbers well. In the mid to late 1970s he was an undergmd student at Illinois State University. He wrote a research paper on the impact of unfunded state mandates. Lt. Governor Dave O'Neil was a Belleville resident and very gracious in sharing information from the committee he chaired on the special commission on state mandated programs. If you spend any time in public service or bother to read local or other publications relating to state spending you have undoubtedly become familiar with the consequences associated with unfunded mandates. Essentially, it means while the state feels it is important to provide some service or good it puts the burden of financing this new enterprise on local municipalities which passes the cost along to its taxpayers. This is what he calls the three stooges syndrome i.e. the federal government may mandate states to provide for and administer a particular program that provide little or no methodology for funding. The state then begins the process of initiating the new program and finds it needs to be administered at a local level that by creating another mandate unfunded, of course. Your local municipality then turns to the taxpayer and says " we need more money'.

Now the advent of TIF new players have entered into the game. We now have the private sector stepping into the realm of unfunded mandates. Ford Motor Company tells it's franchise holders they need to update its stores to reflect the corporations new store theme. All stores should reflect this new strategy. The cost to be borne by the franchise owner. The franchise owner on the other hand turns to the city to fund its obligation thereby sticking the taxpayer with their unfunded mandate. While the facade improvement program generates a great many benefits the cost of this request is out of bounds. Putting 60% of the burden on taxpayers is ridiculous. It is his opinion and those constitutes who have contacted him( not one in favor) that we need to stop thinking of TIF as an entitlement program for the private sector.

Members voting aye on roll call: Hazel, Kinsella, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gan, Weygandt, Elmore, Wigginton and Barfield. (12)

Members voting nay on roll call: Buettner, Randle and Tyler. (3)

Planning Commission:

Alderman Dintelman made a motion seconded by Alderman Hazel to approve Wal-Mart Stores: Preliminary Plat for a tract of land located at 1601 South 74th Street and adjoining parcels (Parcel numbers: 07- 14.0-200- 031, 07- 11. 0-409-001, 07- 11. 0-400-004, 07- 14.0-200- 032) located in a C-2 Heavy Commercial Zoning District at the intersection of Illinois Route 15 and 74th Street. Planning Commission Recommended Approval. Motion carried 8-0

and

Wal-Mart Stores: Site Plan, Landscape Plan and Architectural Elevations for a 196,000 square foot Wal-Mart Supercenter and 1, 500 square foot Convenience Store and Fuel Kiosk to be located on a tract of land located at 1601 South 74th Street and adjoining parcels ( Parcel numbers: 07- 14.0- 200-031, 07- 11. 0-409- 001, 07- 11. 0-400-004, 07- 14. 0-200-032) at the intersection of Illinois Route 15 and 74th Street. Planning Commission Recommended Approval with the following stipulations: ( L) Add exterior appeal to the right and rear elevation to the convenience store. ( 2.) Add exterior appeal to the right elevation to the Wal-Mart building. Motion carried 8. 0.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gan, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Finance Committee:

Alderman Kinsella made a motion seconded by Alderwoman Schaefer to approve contract with Musty Sports Lighting, LLC for$ 359,900 for Ladennan Park lighting improvements grant.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderman Gaa to approve purchase of Street Department truck from State bid vendor for $ 26,385 and to approve a purchase of Street Department dump truck from State bid vendor for$ 31, 994.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderwoman Stiehl to approve closing 3 Commerce Bank accounts that were transferred to the City of Belleville upon dissolution of Belleville Township, transferring remaining funds to Bank of Edwardsville account.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. (15)

Master Sewer Committee

Alderman Dintelman made a motion seconded by Alderwoman Schaefer to approve LTCP Phase 3 Change orders #3,# 4 and# 6 from Haler Plumbing in the total amount of$273,760.50.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. (15)

Streets and Grades Committee:

Alderman Wigginton made a motion seconded by Alderman Kinsella to approve the following motions:

•Motion to approve Illinois American Water Company to acquire an easement near Hecker Street for proposed replacement of water main.

•Motion to approve an Ameren estimate to install and upgrade lights at 1720 East State Route 15. ( TIF 14) ( understanding still working with DOT to share costs)

•Motion to approve Mettler Development in the amount of$ 417, 178.00 for Southside Park Improvements. (TIF 3)

•Motion to approve Hank's Excavating bid of 264,371. 44 for Juanita Place Phase III. (TIF 3)

•Motion to approve Joint Agreement with IDOT and City of Belleville for East' A' Street- Oak Street project.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Administration:

Alderman Ovian made a motion seconded by Alderwoman Schaefer to approve Change Order No. 4, with Impact Strategy, for City Hall.

Discussion.

Alderman Buettner requested an explanation for the amount; Director of Maintenance, Ken Vaughn, stated this is zero cost increase to the contract. The project started with $100,000 in contingency.

Mayor Eckert advised there are a couple of items that will be discussed in days ahead, one being a window situation.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dimelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Kinsella made a motion seconded by Alderman Tyler to approve Disposal Agreement with Waste Management.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gia, Weygandt, Elmore, Wigginton and Barfield. (15)

***

Alderwoman Stiehl made a motion seconded by Alderman Tyler to approve $7,000.00 as levied for emergency one-night vouchers for extreme weather for General & Community Assistance.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. (15)

Ordinance and Legal Committee:

Alderman Wigginton made a motion seconded by Alderman Hazel to approve revising Chapter 115 ( Peddlers and Solicitors).

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 15)

***

Alderman Wigginton made a motion seconded by Alderman Hazel to approve revising Chapters 30.19 Standing Committees, 32.115 Plan Commission and 32.037 Membership and Compensation.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. (15)

Crime Free Housing Committee:

Alderman Kinsella made a motion seconded by Alderman Barfield to approve the Crime Free Ordinance as amended under Mni 1.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Alderman Tyler made a motion seconded by Alderman Elmore to approve the Crime Free Ordinance as a permanent ordinance with no sunset date.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Communications:

None.

Petitions:

None.

Resolutions:

Alderman Wigginton made a motion seconded by Alderman Barfield to read Resolution 3307 by title only.

All members voted aye.

Alderman Wigginton made a motion seconded by Alderman Elmore to approve Resolution 3307 Resolution of the City of Belleville, IL authorizing the execution of the local agency agreement for federal participation.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gas, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Ordinances:

Alderman Wigginton made a motion seconded by Alderman Tyler to read by title only and as a group 8061- 2017, 8068-2017, 8069-2017, 8070-2017 and 8071- 2017.

All members voted aye.

Alderman Tyler made a motion seconded by Alderman Anthony to approve the following Ordinances:

Ordinance 8061- 2017

A Zoning Ordinance In RE 32-May17-Wal-Mart Stores.

Ordinance 8068-2017

An Ordinance amending Title XI (Business Regulations), Chapter 115 ( Peddlers and Solicitors) of the revised ordinances of the City of Belleville, Illinois as amended, by amending portions of sections thereof.

Ordinance 8069-2017

An Ordinance vacating a right-of-way adjacent to St. Clair County Parcel 08- 18.0- 108-018 and 08- 18. 0- 108-019 in Belleville. Illinois.

Ordinance 8070- 2017

An Ordinance revising Chapters 30. 19 Standing Committees, 32. 115 Plan Commission and 32.037 Membership and Compensation.

Ordinance 8071- 2017

An Ordinance extending Title XV( Land Usage), Chapter 154 ( Property Maintenance Code), Sections 154.40 through 154.56 (Crime Free Housing Program) of the Revised Code of Ordinances of Belleville, Illinois.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. ( 15)

Unfinished Business:

None.

Miscellaneous& New Business:

Alderman Kinsella made a motion seconded by Alderman Hazel to approve the Motor Fuel Claims in the Amount of$ 124.92.

Members voting aye on roll call: Kinsella, Hazel, Buettner, Randle, Tyler, Anthony, Ovian, Schaefer, Dintelman, Stiehl, Gaa, Weygandt, Elmore, Wigginton and Barfield. (15)

Executive Session:

None.

Adjournment:

Alderman Randle made a motion seconded by Alderman Elmore to adjourn at 8: 35 pm.

All members voted aye.

http://www.belleville.net/AgendaCenter/ViewFile/Minutes/_07172017-1492

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