City of Belleville City Council met Nov. 15.
Here are the minutes provided by the council:
Mayor Gregory called this meeting to order.
City Attorney Garrett Hoerner called roll. Members present on roll call: Alderman Hazel, Alderman Whitaker, Alderwoman Duco, Alderwoman Eros, Alderman Randle, Alderman Ferguson, Alderman Anthony, Alderman Ovian; Alderman Dintelman, Alderwoman Schaefer,
Alderwoman Stiehl, Alderman Elmore, Alderman Weygandt, Alderman Wigginton, Alderwoman Sullivan.
Excused: Alderman Rothweiler
ROLL CALL DEPARTMENT HEADS
City Attorney Garrett Hoerner called roll of Department Heads: Police Chief Bill Clay; Fire Chief, JP Penet; Finance Director Jamie Maitret; Director of Public Works, Jason Poole; Director of Wastewater, Randy Smith; Director of Library, Leander Spearman; Director of IT Scott Markovich; City Engineer, Sal Elkott; Director of Health, Housing and Building, Scott Tyler; Director of Human Resources, Seth Miller, Director of Economic Development, Planning & Zoning Clifford Cross.
Excused: City Clerk Meyer, City Treasurer Biermann
PLEDGE
PUBLIC HEARNING
NONE.
PUBLIC PARTICIPATION
Stewart Lannert
Mr. Lannert expressed his displeasure with Belleville politics.
Pastor Lamont Milton .
Blessed Believers Ministries 311 East Lincoln Street— Speaking about a building that is adjacent to them, it is on the agenda tonight, 310 East Washington. They are supposed to have a license to serve liquor on the grounds outside the church. That raised a concern to the ministry because we have a group of recovering alcoholics, so we don' t want them to be set back. That concerns us a lot because it is literally adjacent to our church and when we walk out, we can see whatever that process is serving liquor, wine, beer, whatever it is that close to the church. Because of us having that group that is the first part. The second part is on top of that we have a problem of drainage, we have contacted the City Engineer, because the engineer that I had come out was from East St. Louis, and that won' t go here. We needed someone to come and check out the drainage of their property at 310 East Washington Street to check out why that drainage is coming down causing us to be flooded in the basement of our church. I have spoken with the owner we have no problems,
we have never had a cross word it is just something that I think you need to look at before approving the outside activities very close to the church.
Mayor Gregory: We do have the City Engineer here this evening if you would like to just mention to him about your issue.
Alderman Ovian: This morning we met with Jasmine Brooks, she is the owner and operator of Nettie B' s and the problem that I see and if it is going to go ahead and effect neighborhood, number one it is going to go ahead and present a problem—
Alderman Randle: Point of order
Alderman Ovian: I am speaking during Public Participation, and I have three minutes. Inaudible discussions
Alderman Wigginton: This is Public Participation, you will have a chance to speak during deliberations, otherwise every Alderman can talk.
Alderman Ovian: I would rather speak under Public Participation, may I. City Attorney Hoerner: Rather than speaking during deliberations?
Mayor Gregory: I feel it needs to be during deliberations.
Will Viall
119 South Charles I live next door to the Church of God in Christ on Lincoln Street and my ownership of my house predates the transfer of the church property to its present owners. The previous owners were some very nice older ladies and they had drainage issues they had sewer backups, kitchen drain issues in that building before it was sold. They had someone come out there with a backhoe and dig up what is called a yard drain at that corner of the building where this supposed drainage issue is. All of the lots there used to drain into lawn drains. I have got some in the back of my house that faces Charles, and it drains out of my property. The property on Washington Street has always drained back toward the church property and there were two- yard drains there to take care of that plus all the water that came off the church. Is drainage an issue? Yes. My background in education is BS in Ornamental Horticulture with honors. One of the things we had to do was learn what trees get their roots into the sewers easily, trees like Elms, Red Maples, Silver Maples and on the church property in the area in question where the sewer runs there used to be a Silver Maple and a Red Maple. They have since been cut down. In my expert opinion, when the ladies owned this church before they had tree roots in their sewer. Whether digging up that yard drain controlled it, I don' t know. If no one has cleaned out these sewers and talking to the City Engineer who ever came out and videoed the sewer line, it has never been done. I think this business of trying to blame the Gilpins who are trying to operate a legitimate business and have done immense work in improving the old property. To me that is false witness and I just thought I have got to, come say something tonight. The second thing about this liquor business, the back of the church faces the Gilpins lot and then there is a gravel parking area. It is not like people congregate in the backyard of the church and are subject to seeing alcohol being served. They are only open from 5: 00 to 8: 00 at night, not times that you would normally think there would be anyone else present as far as church activities go. I think we need to give a big hand to the Gilpins for what they have done with the Grafted Wine Bar, taking a historic building fixed it up, found a good use for it and they are still trying to do that. That is all I have to say about that, but may I say one other thing? We have a couple people in our neighborhood Marylou Aldridge, Darrel Beam, I think everyone has heard those names before or have heard them parading up and down the streets drunk and they are screaming and yelling profanities at each other, what I want to say is we have called the Police over and over and over and they have been absolutely fantastic so if the Council can do it, let' s see some tools given to the policemen so they can take care of problems like this, get these people into treatment or lock them in jail, money fines don' t scare, jail time does.
Ronald Webb
I am the Business Partner of Jasmine Brooks. Everything I know is Belleville. The west end of Belleville has been very near and dear to my heart for a long time. I can say the same thing for Jasmine. There are two things I am going to say, I want to speak for her personality and character which is not being called in to question and really has no issue. Over the last couple of years, I have faced a lot of tragedy, personally trying to rebuild my name as far as my career and different things like that. I have been knowing Jasmine I would say about seventeen years. Over the last two years, especially during this pandemic, we have really become not only best friends, but our professional relationship really started to blossom. I can be a pessimistic person, I am kind of a glass half-empty type person, but she is a glass half-full, she is the opportunity, the optimism, the development of things. I' m a Belleville kid and so when I left Belleville and I came home, I lost my zeal and luster for what Belleville was. But for her, that never changed. She still sees the good and great in Belleville. Especially on the west end of Belleville, which I feel like it is kind of dying. Obviously, we are trying to obtain a liquor license, some issues that have been brought up is if we do obtain a liquor license situations like parking, congestion, travel up and down the street which is 82" d street right? If you look at the building, obviously we don' t have a liquor license now, but I mean we do a fair amount of business. That building is set up for three businesses to run, there are three suites in there, right? Let' s just say there are three different businesses in there and they are all booming. That' s good for business that' s good for the neighborhood. We have been met with pushback, hesitation, and reluctance. I don' t necessarily feel like it is coming because of a problem that might be as far as parking congestion, but I think it is more of a, and I have to be honest, I think it is more of an attitude toward what type of demographic we might bring to the area. I don' t think it' s a parking, congestion, street access problem — I don' t think it' s that, but even if it is, a lot of times as business owners we want to have the opportunity, the courtesy and grace to be pro- active or either re- active to fix our problems. We all know about the space across from Nettie B' s, right? We are young and we are trying to grow our business, if we do obtain a liquor license, besides the liquor license, business will continue to grow, congestion whatever the problem might be, it still is going to be an issue for us. We want to have the same kind of grace and courtesy that say hey, we' re looking at a problem right now so let' s try to fix and alleviate it. Can we build a parking lot in that open space? What do we do to alleviate some of the congestion that is perceived to go on? I' m really not understanding like what the issue is. So, I am asking you if you do say it is a congestion problem and it is because of us obtaining a liquor license, that' s not it. Really question yourself and say is it because of perceived or assumed demographics that they might be bringing, because I don' t see that. I respect these business owners.
Karl Gilpin
Tygracon Properties. I just want to follow-up on the points Pastor Milton brought up, to alleviate his concerns. One part of the plan is that we are going to be building a fence along the back of the property. If there is anyone with an alcohol issue, they would either have to climb the fence or go through the front door. That should solve that. As far as the water run-off which is kind of a moot point, but since it was brought up I just wanted to address it. There is basically an 8, 000 square foot asphalt parking lot that drained back to his lot, plus all the downspouts from the building drained onto the asphalt and drained back there and we have removed all the asphalt so now you have 8, 000 square feet of run-off there are three downspouts and a driveway drain that are drained back to there. Those are not the issue. I mean this has been reduced from 10, 000 square feet run off surface area to 1, 200 square feet. The problem we have been meaning to talk about for a while is the church roof which is probably over 4,000 square feet is tied directly into their sewer along with the yard drain in back. It is just too much. I recommend that he would extend the drain line that I have there to tie in the yard drain and the downspouts on that side of the building and run it out to the street and would probably eliminate the problem.
PRESENTATIONS, RECOGNITIONS & APPOINTMENTS
Mayor Gregory read a proclamation for National Apprenticeship Week, November 15- 21, 2021. Mayor Gregory read a proclamation for Small Business Saturday, November 27, 2021.
Alderwoman Schaefer made a motion second by Alderwoman Eros to approve Mayor Gregory' s recommendation to appoint Ryan Diekemper to serve on the Electrical Commission for a 4- year term in the capacity of Electrical Engineer.
All members voted aye.
APPROVAL OF MINUTES
Alderman Wigginton made a motion second by Alderman Ferguson to approve City Council Meeting Minutes of November 1, 2021.
All members voted aye.
CLAIMS, PAYROLL AND DISBURSEMENTS
Alderwoman Stiehl made a motion second by Alderman Whitaker to approve claims and disbursements in the amount of$1, 783,029.96 payroll in the amount of$866,001. 10.
Members voting aye on roll call: Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan. ( 15)
REPORTS
ORAL REPORTS
MASTER SEWER COMMITTEE:
Alderman Dintelman made a motion second by Alderman Anthony to award LTCP, Phase 5 UV Project to Korte- Luitjohan in the amount of$ 8, 688, 000. 00.
A motion to enter into an agreement with Gonzalez Companies for Phase 6 LTCP Design.
A motion to waive bid process to purchase one ( 1) new 2022 Ford Ranger XLT 4x4 Crew Cab from Tri-Ford for$ 33, 909. 00 using State Bid process.
Alderman Eros: I have a question on purchasing the truck, I understand that we waive the normal bidding process and we' re using the state bidding process which I understand, what I don' t understand is that we' re talking about small business yet we' re going to buy this from a business in Highland and forgo a business here in Belleville that could have sold us one. Is there a reason?
Director of Wastewater Treatment Smith: Auffenberg Ford wouldn't respond, the only one who has ever responded was the old Buick dealer.
Members voting aye on roll call: Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel. ( 15)
ADMINISTRATION:
Alderman Wigginton made a motion second by Alderwoman Schaefer to approve a Franchise Agreement between the City of Belleville, Illinois and Spectrum Mid-America, LLC ( Charter Communications).
A motion to approve an Intergovernmental Agreement between the Cities of East St Louis, Belleville, and County of St. Clair for the 2021 Byrne Justice Assistance Grant ( JAG) Program Award.
Members voting aye on roll call: Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker. ( 15)
Alderman Elmore made a motion second by Alderman Ferguson to approve agreement with Utilitra for the installation of security cameras and control systems for 2120 West Main Street, 2301 West Main Street, 100 South 23rd Street and 2600 West Main Street in the amount of 79,070.86 ( former Lindenwood Campus-Belleville).
Discussion . . .
Alderman Hazel: Where are the funds? I assume the funds are coming from TIF 3.
Finance Director Maitret: As we discussed in prior Finance meetings, these funds are being loaned to the General Fund to the Campus Fund to pay all these bills and track and then hopefully one day when the campus is repurposed, we will make enough money to pay it back. It will not come from TIF 3.
Alderman Hazel: My second comment was going to be I didn't like the idea of the City spending 80,000 to put up a security system for a potential business or occupation of that property and they would be supplying their own security systems for that building instead of the City taking care of that.
Mayor Gregory: I think that we can address some of the that, I am going to have Garrett and Dean address that issue.
Maintenance Supervisor Hardt: Because the properties are vacant we have a responsibility to maintain security at the facility and campus and in order to do so we need to be able to keep eyes on it 24/ 7. Jamie will of course confirm that the insurance company would prefer we have that capability and because of this, this is why we have to go through the process of installing cameras and hardware for that.
City Attorney Hoerner: It is not going to be a duplication.
Several Alderman saying the City has a lot of vacant properties.
Maintenance Supervisor Hardt: There is also the situation where we have a liability risk because we don' t have someone there on a daily basis not daily but an ongoing 24/7 basis, we have police there in the evening, but if for some reason something would were to happen and we didn't have the capability to reproduce video of the event, we are opening ourselves up to some liability.
Alderman Hazel: It functioned as a university for years with the absence of our$ 80,000 security system.
Maintenance Supervisor Hardt: There is already an existing security system in place, we are having to build upon what is already there to ensure that we have all the areas protected and surveilled. Rather than certain areas of it.
Alderman Hazel: It seems like every month we are being asked to improve this property prior to.
Mayor Gregory: Alderman Hazel I do want to say when we have everything finished with all people that are contracted here, I think you' re going to be very pleased with what is happening there. We are working on those situations right now and we have people that want to be in there by January 1 st of 2022. I believe we will be having an announcement in the future as soon as we start getting everything else organized. But we also have to provide a safe situation there, after they have invested over$ 45 million into the campus, and we ended up buying it in the amount that we did, we don' t need to have vandalization and things going on, that in the long run may cost us more to repair then having the security cameras there.
Alderman Wigginton: That is why we enlisted Baer Heating and Cooling to jump start the boilers, but Alderman Hazel has a point, but that is why we voted on that special account that we will pay these expenses out of, and I guess when all the T' s are crossed and the I' s are dotted, that all these expenses will be reimbursable to us is pretty much what Jamie just said. The situation should be, we should come out with actually no liabilities, that everything will be reimbursed.
Mayor Gregory: There will be reimbursements on these bills that are coming in right now. When you are dealing with contracts sometimes it takes longer than anticipated and especially with some of the contracts that we are dealing with right now. But that is our intention to repay just as we have done with the Meredith Home. In the previous administration when we borrowed money for the Meredith Home for the purchase of that. We are doing the same situation here for Lindenwood campus.
Alderman Stiehl: I was just wondering if this was part of the stipulation of these people that are going to be taking over?
Mayor Gregory: They will be paying rent.
Alderman Stiehl: I mean did they ask that we have a security?
City Attorney Hoerner: This is necessary in order to take the next step in order to repurpose the campus.
Alderman Stiehl: I agree with Alderman Hazel in the fact that we trust you, but we don' t know yet exactly everything, but we' re voting on things without knowing what will be.
Mayor Gregory: Just be reassured that it is going to be exceptional for the City of Belleville. Alderman Weygandt: All these addresses, is all this the main campus?
Mayor Gregory: We have twenty-five properties that
Alderman Weygandt: Are we going to have cameras at all these properties?
Maintenance Supervisor Hardt: We have the three dorms and then the buildings at the main campus that is what the addresses represent.
Alderman Weygandt: I thought you were worried about the campus, the dorms it just seems like we' re doing a lot of cameras in different places that probably don' t need it.
Mayor Gregory: Well, you don' t know what is coming in there yet so they will be needing it.
Maintenance Supervisor Hardt: A lot of the dorms, well I know the men' s dorm already had cameras. We are installing cameras in the areas that were deficient in coverage. The installation cost is to cover the installation because a lot of those cameras are on the outside or exterior of the buildings.
Alderman Weygandt: One other question, did we get more bids on this?
Maintenance Supervisor Hardt: We got one bid from CompuType which was in the comparison spreadsheet that was part of your packet.
Alderman Weygandt: I didn't really look at it to tell you the truth.
Maintenance Supervisor Hardt: We got two bids, CompuType and Utilitra, CompuType was higher, so we chose Utilitra.
Alderman Weygandt: Have we used this company before?
Maintenance Supervisor Hardt: We have.
Members voting aye on roll call: Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Wigginton, Sullivan, Whitaker, Duco. (13)
Members voting nay on roll call: Weygandt, Hazel (2)
ZONING BOARD OF APPEALS:
Alderwoman Sullivan made a motion second by Alderwoman Stiehl to approve 48-AUG21- D Bossy Boutique— a request for a Sign Installation Permit in the Area of Special Control at 15 S. High Street (08- 21. 0- 445- 036) located in a " C- 2" Heavy Commercial District. (Applicable . sections of the zoning code: 155. 052, 155. 053) Ward 6. Case tabled from August 26, 2021. Zoning Board of Appeals Meeting. Zoning Board unanimously voted to recommend approval
56- SEP21- Magdalena Gilpin a request for a Special Use Permit for Outdoor Dining at 310 East Washington Street (Parcel number: 08- 22. 0- 346- 012) located in a "C- 2" Heavy Commercial District. (Applicable portion of zoning code: 162. 248, 162. 515) Ward 6. Zoning Board unanimously voted to recommend approval.
58- SEP21- Carlos M. Burns a request for a Special Use Permit to operate a Bed and Breakfast (Air B& B) at 133 Lucinda Avenue (08- 22. 0- 229- 029) located in an " A-l" Single- Family Residence District (Applicable section of the zoning code: 162. 094, 162. 515) Ward 1. Zoning Board unanimously voted to recommend approval, in the name of the applicant only.
59- OCT21- Storybook Homes Real Estate. LLC a request for a Special Use Permit to operate a Bed and Breakfast (Air B& B) at 619 North Charles Street (08- 22. 0- 123- 028) located in the R- 1, Single Family Residential District. (Applicable section of the zoning code: 162. 094, 162. 515) Ward 2 Zoning Board unanimously voted to recommend approval.
61- OCT21- Catlin Aasen a request for a Use Variance Permit to allow agricultural production garden) at 600 Wabash Ave (08- 27. 0- 224- 008) located in an " A-l" Single-Family Residence District (Applicable sections of the zoning code: 162. 096, 162. 004, 162. 570) Ward 7. Zoning Board unanimously voted to recommend approval.
62- OCT21- Afshin Alimiri and Sabrina Alstat a request for an Area/ Bulk Variance to construct a home on a non-conforming lot at 401 North 40th Street (08- 17- 0- 105- 027) located in an " A-l" Single- Family Residential District. ( Applicable sections of the zoning code: 162. 092, 162. 570) Ward 3 Zoning Board unanimously voted to recommend approval.
Discussion. . .
Alderman Elmore: Under Bossy Boutique the sign request, I looked in the packet for the sign or the artist rendering of the sign, and I didn't see one, and that' s fine. I' m curious, have you seen what the sign is going to say? We never really asked that before, but we had a sign go up last week that was somewhat questionable. I just want to avoid that.
Mayor Gregory: We actually are reviewing our sign ordinances and zoning ordinances with signage.
Alderman Dintelman: I can assure you the sign rendering represents the business so you' re not going to get anything inappropriate. It was incorporated into packet to the Zoning Board. Staff did determine that it met the requirements for the code in both square footage, size, and design. The
Zoning Board was comfortable with it. I can assure you it meets the intent. Alderman Elmore: They submitted the actual verbiage in the packet.
Alderman Dintelman: Yes, the verbiage was represented in the architectural design. Mayor I would like to clarify one thing I want to make sure on the request specifically for 11- C( 2), we did hear some comments tonight from the Church, although the drainage and the run- off is not applicable to a Zoning action here, one thing I wanted to note is it pertains to an outdoor dining permit and not to a liquor license. Therefore, that is what it is applicable to. Two conditions came out of that,
that there would be no outside music and no bands performing.
Alderman Randle: I would like to address 11- C (7) just a notation, this is a vacant lot, there used to be a home on it that burned down several years ago and this is going to be a new build there to replace.
Members voting aye on roll call: Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros. (15)
Alderman Wigginton made a motion second by Alderwoman Schaefer to approve 60- OCT21- Jasmine Brooks a request for a Special Use Permit for a Liquor License at 8201- 8205 West Main Street (07- 01. 0- 110- 037) located in a " C-2" Heavy Commercial District. (Applicable section of the zoning code: 162. 248, 162. 515) Ward 4. Zoning Board approval, in the name of the applicant only carried 4-1.
Discussion. . .
Alderman Wigginton: Over the last week or so, Alderman Sullivan and I have had quite a bit of pressure put on us to not vote for this particular case. I have had emails, calls, people coming into my business, we have to remember that we are voting on a liquor license, we are not voting on how many parking places we are not voting on how she runs a business. That is her own business.
There are definitely enough parking spots there. She also runs a business in Sparta in the Sparta Shooting Complex. You ran into an economic development issue last week, in their infinite wisdom, finance turned down a very small request for a long- standing business, sending a message; are we
becoming anti- business? Somebody who may not create direct sales tax revenue, but generates a lot of revenue because she draws all over Missouri and Illinois and brings a lot of people into this town to spend money and see what is in this town. With this same young lady, we can' t question who she is, what she does or why she does it. We have to be pro- economic development.
Jefferson' s has come back as a new restaurant; she' s got a restaurant. I understand the old Jack English' s there is probably a pretty good chance there is going to be another restaurant there. We have not had three restaurants on Main Street in west Belleville in a long, long time. We have to send the right message; it is a shame what Finance did to a long- standing business—
Alderman Ovian— Point of Order Mayor
Alderman Wigginton: There is no Point of Order, I have the floor, you can talk next, you can talk next. You are the one that is out there spreading all these false rumors to everyone like the Church across the street.
Mayor Gregory: Excuse me, Order, let us stay on topic.
Alderman Wigginton: Well, I was until I was rudely interrupted. I encourage the Council to recognize what we are voting on here, why we are voting on it, and we continue to be pro- economic development.
Mayor Gregory: I would like to clarify that with the Finance Committee vote was done before that was out of committee.
Alderman Ovian: Regarding Alderman Wigginton, I voted against it on the Finance Committee because we have since August 20, 2018, a vacant housing ordinance.
Mayor Gregory: But that is not. . .
Alderman Ovian: I am talking about answering Alderman Wigginton issue on bringing it up. It should not have been brought for discussion on this proposal. Now I am going to get why I want to speak against the issuance of the liquor license. When I was at Zoning, I looked at the application, and here is what it says; the applicant is a full- service restaurant that will provide food, drinks, and catering services. When I was there today with Alderman Anthony, we were told she is not going to have catering, when I look at the property, of course it is not it is going to be the election office for the re- elect of Governor Pritzker. On Thursday, they were parked all over the place. Today, you could not squeeze another car in before noon. Regardless, regardless, you have to have people to be able to get around in the neighborhood. That is a corridor going back to 161. The neighborhood deserves the ability to go ahead and basically have their neighborhood be able to move around with limited traffic, especially in Juanita Place, Oak Knoll, 82nd. I have walked both sides of 82nd Street, people do not want their drive-ways blocked, they do not want to have no access to their garages, which one has to go through the alley. The final thing is I wonder why we are talking about a liquor license tonight because she is not going to be able to go ahead and open till after the first of the year as a sit- down restaurant. But here is the click, you have to have a liquor license in order to go ahead and provide video games for your restaurant. So, if you have the video games going you have the liquor license, you can go a head and sell the food, as well as the liquor to go. Think about what I am telling you, we were told it was going to be a liquor license for a sit-down dinner, and I said today, why not wait until you get the restaurant ready to open? It does not take that long in order to get dram shop approved or a liquor liability. And what you had to say sir, I show you this and you say it has nothing to do with Ordinance 7402 says on the west side of the street you have to be thirty-feet from the stop sign on the east side of the street you have to be twenty- feet that even makes matters worse for the people in the neighborhood. I am not part of demographics, I for real.
Director of Economic Development Cross: We are going by the Zoning Code and the Ordinance, and it calls for one per three hundred that meets the requirements of the Code. That is what we are obligated to enforce.
Alderman Whitaker: Mayor my question is, I do not have an objection to approving the liquor license, when I listened to this case in Zoning, I have heard the arguments tonight, I have seen the letters that were sent from some residents in the area and majority of that revolves around congestion and parking issues. When I heard this case presented in Zoning one of the things the applicant mentioned was their desire to expand to a sit-down restaurant. Should we decline the liquor license, does that in someway nullify their ability to expand? I do not want to vote down a liquor license, will they still have the ability to expand their business.
Director of Economic Development Cross: They do, according to Code.
Alderman Whitaker: My issue is not issuing them a liquor license my issue is. . . .
City Attorney Garrett: If I may clarify one thing, the City Council does not issue liquor licenses. The Mayor is the Local Liquor Commissioner, she issues liquor licenses but under your Zoning Code you require a Special Use Permit for establishments that have a Class A, Class B, Class C Liquor License. So your question is a Zoning question applying the factors of the Special Use provision of the Zoning code, you are not deciding specifically whether or not a liquor license gets issued here, you are deciding whether or not a business has Special Use Permit such they can operate with a liquor license.
Director of Economic Development Cross: Correct.
Alderman Whitaker: So, nothing in tonight' s vote would impact this owner' s ability to expand their business?
Director of Economic Development Cross: Restaurants are permitted by right in the C-2 District. But if you get a liquor, license, then you have to have the Special Use Permit, that is what Garrett is referring to. If they were operating a restaurant without a liquor license then they could operate, it is permitted by right.
Alderman Whitaker: So, whether this is approved or denied tonight, she can expand into that middle section provide the sit-down dining this just basically determines she has the ability to request a liquor license from the City.
Director of Economic Development Cross: Correct, but bear in mind, she is going to have to come back and still get this Special Use Permit.
Attorney Hoerner: A liquor establishment with a Class A, B or C license requires a Special Use Permit that is why we are here. Now it becomes a business decision whether a restaurant would want to expand without the ability to sell alcoholic beverages, you would have to look at the other restaurants in the City.
Mayor Gregory: I would like a clarification because it has been my understanding, I am also seeing Ms. Brooks ads that she has been having a catering company in the business that she is currently occupying.
Director of Economic Development Cross: She would be expanding an existing business. Because you are expanding it and you are going to have liquor, now you have to get the Special Use Permit that is exactly why we are here. It becomes a Special Use Permit as opposed to a use that is permitted by right, and that the liquor license requirement and the fact that the Ordinance requires a Special Use Permit upon Class A, B or C Liquor License.
Mayor Gregory: As the Liquor Commissioner I would like to remind people that, and I believe Chief Clay can also speak to this, liquor licenses are not denied by how many parking spaces you have. They are denied because of background checks, Chief would you speak to this because you' re much more capable of speaking to this than I am.
Police Chief Clay: Every time somebody submits an application for a liquor license, they are presented the application, we get all the information from your office that is given to us we conduct a background check. We do fingerprints on them so we will have all that history. We provide that then to the Mayor' s Office as the Liquor Commissioner so she can make that decision. If we find something there that information is presented.
Mayor Gregory: I will tell you that never have the Police been called to Jasmine Brook' s business, never.
Alderwoman Schaefer: I just want to say this is not a business that is not normal in Belleville. If you go around our City there are places just like this in neighborhoods, so to me you are saying it is not okay to be in your neighborhood, but it is okay to be in others and that is not right.
Alderman Ferguson: I want to add to what Alderwoman Schaefer said. If we are concerned with the parking spaces and we are issuing liquor licenses I drove around and I looked at a few like 10th Street Bakery, no parking lot. League Lounge or C & C Food for the Soul, Rogers the former Fischer' s Tavern there is minimal parking spaces McIlravy's, Spikes they have parking lots, but it is minimal parking. We have issued liquor licenses to them. I do not know the criteria we are setting here by picking and choosing it gets into a very sticky situation.
Mayor Gregory: I would like to have Mr. Cross address how many parking spaces Ms. Brooks would need.
Director of Economic Development Cross: When you look at our Ordinance, first off you are absolutely correct, this is a land use action. You are obligated by your Zoning Code which sets your parking standards, one per three hundred for this kind of business. It is roughly four thousand square feet; she has twenty spaces. You would only be required to have fourteen spaces. That actually exceeds the parking requirements. You can not base a liquor license decision on a land use action, it is illegal. You as the Mayor, have a right to deny the liquor license on a criterion that the Chief mentioned, but this is a land use action and you are obligated by your Zoning Code to take action on something that has already been pre-approved. The logic behind this Special Use Permit in my opinion, why it was established, is because it actually gives you more control at the time of a Special Use Permit as opposed to a use that is permitted by right so ultimately you want the Special Use Permit because you can put the clamps on her if she does something that is not approved as part of it. The Special Use Permit is tied to the liquor license and the fact that there are other components that come with it.
Alderman Hazel: A couple quick things, ifI were writing a business plan for a restaurant, be sure that I would be interested in whether or not I would be able to service alcohol in when I am making my decision on the viability of a restaurant. And secondly, you are well aware of being out there that there was a grocery store right there at 82° d and Main Street that operated for decades and people were very sadden by its loss. The parking there was on the side street it was in the parking lot, and everyone functioned fine with that in their neighborhood.
Alderman Anthony: All due respect to Alderman Ovian and his concerns I was out there Friday evening which is considered a good business evening for restaurants. There was no congestion out there. I stayed out there for about thirty-five to forty minutes talking to Ms. Brooks, she did have a couple customers coming in and get their take outs. She has a nice, clean restaurant area. In order for her, and just by speaking with her, in order for her to make her plans and to start to put together the finances to do these plans, she needs to know that she can get this liquor license. She needs to know it and all due respect to him, and a lot of people who have concerns and I will say this to them; let' s not be a City where we tend to see different types of people and think that that is going to cause us a problem. I had people emailing me and all the way down to Oak Knoll, and it doesn't make sense for you to email me and talk to me about parking when that place always has parking, there has always been parking, when they built it, it was designed and approved by the City to host three different businesses, if necessary it would have the necessary parking. We went out there again this morning, Ms. Brooks assured us that once she puts all her ducks in a row and sees what is going to happen, that she had already made the plans to expand parking to the parking lot to that piece of ground that is over there where Main Street Market use to be. Ms. Brooks lives on that street. She is actually a resident on that street and that is her neighborhood also. She is not going to cause her own self problems. On Thursday, there were a lot of calls out there, not because of the restaurant, I am sure if she was getting that type of business, she would have already expanded the parking lot. Those people were out there Thursday, Friday, Saturday and they were out there again this morning.
Mayor Gregory: It is my understanding that one of the bays of the strip mall is going to be occupied by Mr. Pritzker' s campaign? Am I correct in that? So that is why it was so packed on Thursday because they had rallies there.
Alderwoman Stiehl: I would like to say I would be remiss if I did not say I lived there for twenty five years on Oak Knoll and I love that area. I can close my eyes and show you every crack in the sidewalk. Road my bike to Main Street Market every night, took my Blessed Sacrament uniform to the cleaners that was there, took my mother to the beauty shop that was there on the corner which is where Ms. Brooks is, and I think it would be wonderful to have more activity there. I think it is a wonderful part of town and it is very dear to my heart.
Alderman Ovian: I did not go ahead and have anything against Jasmine, and I still don't. Dr. Chadwick owns the ground across the street where Main Street Market used to be. You have to survey it; you have to go ahead and have an engineer come out because some of that topsoil has to be removed. You have to pave it; you have to go ahead and stripe it and then you go ahead and light it. This all=costs money and I understand that, but that would relieve any congestion and we wouldn't have this conversation, that is where I am coming from.
Mayor Gregory: What is on the agenda is the liquor license, Special Use Permit.
Director of Economic Development Cross: You are voting on a Special Use Permit for a business that is operating under a Class A, B or C liquor license.
Members voting aye on roll call: Ferguson, Anthony, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle. (14)
Members voting nay on roll call: Ovian. (1)
FINANCE:
Alderman Whitaker made a motion second by Alderwoman Eros to approve Workmen's Compensation and Property/Liability Insurance Renewal with ICRMT, as recommended by our broker.
Motion to waive the formal bidding procedures and purchase a used 2020 John Deere 6120M 4WD tractor and a new 22' Rear Cradle Diamond Boom mower with a 50" rotary head from Shiloh Valley Equipment Co in the amount of $141,507.35.
Motion to approve agreement with Green Wave Consulting, LLC in the amount of $19,000 for the removal of the underground storage tanks (USTs) from the City owned property located at 801 Royal Heights Road.
Motion to renew contract with Clean Uniform Company for custodial cleaning supplies for Maintenance Department for thirty-six (36) months.
Motion to approve contracts with Johnson Controls for fire alarm monitoring services for buildings located at 2120 W. Main St, 2301 W. Main St, 100 S 23` d St and 2600 W. Main St former Lindenwood Campus— Belleville) November 1, 2021, through October 31, 2022, in the amount of $2,400.00.
Motion to approve contracts with Clearwave providing 1 GB fiber optic internet connectivity for three- year term with monthly cost of $1,768.00 and Spectrum Enterprise providing 1 GB cable modem internet connectivity with no term length with one-time fee of $199. 00 and monthly cost of $264. 98 for 2120 W. Main St, 2301 W. Main St, 100 S 23` d St and 2600 W. Main St( former
Lindenwood Campus— Belleville).
Motion to approve purchase of network and security hardware with Paragon Micro Inc. and installation of service with REJIS Commission for a one-time total cost of $17,038.27 at 2120 W. Main St, 2301 W. Main St, 100 S 23rd St and 2600 W. Main St (former Lindenwood Campus Belleville).
Members voting aye on roll call: Anthony, Ovian, Dintelman, Schaefer, Stiehl, Elmore, Wigginton, Sullivan, Whitaker, Duco, Eros, Randle. Ferguson. (13)
Members voting nay: Weygandt. (1)
Members abstaining: Hazel. (1)
COMMUNICATIONS
NONE.
PETITIONS
NONE.
RESOLUTIONS
NONE.
ORDINANCES
Alderman Wigginton made a motion second by Alderman Weygandt to read by title only and as a group Ordinances 8999- 2021, 9000- 2021, 9001- 2021, 9002- 2021, 9003- 2021, 9004- 2021and 9005- 2021.
All members vote aye.
ORDINANCE 8999- 2021
A Zoning Ordinance In Re: 48-AUG21-D Bossy Boutique
ORDINANCE 9000- 2021
A Zoning Ordinance In Re: 56-SEP21- Magdalena Gilpin
ORDINANCE 9001- 2021
A Zoning Ordinance In Re: 58-SEP21- Carlos M. Burns
ORDINANCE 9002- 2021
A Zoning Ordinance In Re: 59- OCT21- Storybook Homes Real Estate, LLC
ORDINANCE 9004- 2021
A Zoning Ordinance In Re: 61- OCT21-Catlin Aasen
ORDINANCE 9005- 2021
A Zoning Ordinance In Re: 62-OCT21-Afshin Alimiri and Sabrina Alstat
Alderwoman Schaefer made a motion second by Alderwoman Stiehl to approve the Ordinances as read.
Members voting aye on roll call: Ovian, Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony. (15)
Alderwoman Eros made a motion second by Alderwoman Stiehl to read by title only Ordinance 9003- 2021.
All members present voted aye.
ORDINANCE 9003- 2021
A Zoning Ordinance In Re: 60-OCT21- Jasmine Brooks
Alderman Wigginton made a motion second by Alderwoman Sullivan to approve the Ordinance as read.
Members voting aye on roll call: Dintelman, Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony. (14)
Members voting nay on roll call: Ovian. (1)
Alderman Anthony: I would like to thank the Council for approving 11- D (2). Most of you all know that I have been petitioning about eight to ten years to get the weeds taken care of, made a lot of trips to committee, because I was not on that committee, I would always call Jason every year and ask him to go rent one or do something to get the overgrowth out of the roads on the far west end. I am so glad and happy that we have joined the other municipalities because I even borrowed one from Centreville Township one year. I think we will get very good use out of that piece of equipment.
Mayor Gregory: I want to thank you Johnnie for pushing for so long to get this piece of equipment.
UNFINISHED BUSINESS
MISCELLANEOUS & NEW BUSINESS
Alderman Ferguson made a motion second by Alderwoman Eros to approve Motor Fuel Claims in the Amount of$ 183,876.41.
Members voting aye on roll call: Schaefer, Stiehl, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman. (15)
EXECUTIVE SESSION
None.
ADJOURNMENT
Alderwoman Schaefer made a motion second by Alderwoman Duco to adjourn at 8:32 p.m. All members voted aye.
https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_11152021-2632
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