City of Belleville City Council met Dec. 6.
Here are the minutes provided by the council:
Mayor Gregory called this meeting to order.
City Clerk Meyer 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, Alderman Rothweiler, Alderman Elmore, Alderman Weygandt, Alderman Wigginton, Alderwoman Sullivan.
Excused: Alderwoman Stiehl
ROLL CALL DEPARTMENT HEADS
City Clerk Meyer called roll of Department Heads: City Treasurer Biermann, City Attorney Garrett Hoerner( 7: 09); Police Lt. Col Eiskant; Fire Chief, JP Penet; Finance Director Jamie Maitret; Asst. Parks Director, Craig Maue; Director of Wastewater, Randy Smith; Director of Library, Leander Spearman; Director of IT, Scott Markovich; Director of Health, Housing and Building, Scott Tyler; Director of Economic Development, Planning& Zoning Clifford Cross.
Excused: Police Chief Bill Clay, Director of Public Works, Jason Poole, City Engineer Sal Elkott, Director of Human Resources, Seth Miller.
PLEDGE
PUBLIC HEARNING
NONE.
PUBLIC PARTICIPATION
Michael Haabere
I attended the November 18t' Zoning Board meeting and will be speaking about case number 63 a Variance Request for Temporary Building. The request that should not have even been required because as the owner' s attorney stated on a parcel zoned C- 2 Heavy Commercial this accessory building is legally allowed without the variance. What was on the agenda was a variance for a temporary building quickly turned into discussion about the sign displayed on the side of the building. There was no discussion about the size, location or content of the sign violating any City Ordinances. The objection to the sign was that some citizens did not approve of the product being advertised. I have a feeling that board members and the one guest Alderman would not have any objections had the sign been for haberdashery on West Main Street rather than a brand of cognac preferred by a certain minority culture. It was disheartening to hear the board, the zoning board, use its authority to restrict the content of a sign. Likewise, the Asst. City Attorney failed to speak up as discussion about the advertising versus the variance for a temporary building as stated on the agenda. I am sure the owner will kowtow to the demands of the City, as success of his business is greatly dependent upon the whims of the Liquor Commissioner. I ask this Council to please not restrict legal product advertising just because a " Karen" throws a hissy fit. All this makes me wonder about the meaning behind the new City motto, Great Big Small Town, could it stand for, you feel great when big government silences small town businesses. Please do the right thing and acknowledge this accessory building is in compliance with the current zoning ordinances and that no variance is required for the building nor product advertising placed on the building.
Dave Schneidewind
On behalf of Rohaan, Inc. I am the attorney for the Zoning matter put before the Zoning Board of Appeals a couple of weeks ago regarding the accessory structure. I would ask that the City Council take into consideration that accessory structures, such as the storage shed, are permitted uses under the Zoning Code. As the Zoning Board of Appeals recommendation is to pass it, I do agree with that, but it' s the" on a temporary basis". Again, it is a permitted accessory structure use, we do not need to come back here time after time, year after year before this board, or before the Zoning Board, because under your code, it is permitted. We would ask that you modify your ordinance to allow the storage shed to remain year after year. The signage has been removed, it was removed before the Zoning Board meeting and so that issue is not before this, that is why you have a sign ordinance here in the village. So again, we would respectfully request that you modify your ordinance to allow the accessory use and accessory structure that is next to BP Station on 74th Street to remain year after year without having to come before this board again or the Zoning Board.
Mayor Gregory asked for any more public participation and reminded everyone to stay on topics on the agenda this evening.
Stewart Lannert
There is not a thing on the agenda that has not already been decided upon so why anybody should even bother talking. I would like to be able to read this without being interrupted. It takes a minute and thirty seconds, I timed it. It was a photo shoot, young kids blocking street they said, but I called the East Washington affair, November 7 h I was driving my old beat up pick up truck with about 300, 000 miles on it and no muffler and I crossed South Illinois Street and went east on Washington Street. I saw a solid line of people standing across the Washington and South High Street by the stop light. I rolled up to a stop light and the people blocking street got out of the way. I stop at light before crosswalk and was accosted by about fifteen to twenty black people yelling at me and making threats. I stayed stopped and did not move and called police and after ten minutes or so police never showed up and I was getting tired of getting yelled at, so I went home. Seven or eight weeks later I am told I am arrested for two charges of aggravated assault, those are felonies. No one ever got close to being hit by my truck. BND, Belleville News Democrat newspaper reported I got out of my truck and was calling the people that were yelling at me the" N" word. I never said that, and I never even got out of my truck. I never said anything to anyone to be continued. I am thankful I got to read that.
Mayor Gregory: I would like to make a comment just for clarification that was just presented here that I do not, as Mayor, talk to any of the Aldermen about how they should vote. These decisions are not being made automatically. They are made by the people that represent their constituents. I just wanted to clarify the decisions are being made here, in front of everyone. I am not a Mayor who calls people in to the office to tell them how to vote, that is not my job. I just wanted to clarify that and thank you tonight for your public participation.
PRESENTATIONS, RECOGNITIONS & APPOINTMENTS
Mayor Gregory recognized the character word of the month" Empathy" identifying and understanding others feelings in order to get along better.
APPROVAL OF MINUTES
Alderman Wigginton made a motion second by Alderwoman Schaefer to approve City Council Meeting Minutes of November 15, 2021.
Alderman Ovian: I would like to bring up a comment that was made at the meeting that none of the Aldermen basically in the past have gotten up to the microphone as Stewart Lannert just said to make any type of public participation. At the last meeting when I tried to do it I was told it would present a problem and it would open up the door for all the other Aldermen as well to do the same. If you remember last month Alderman Elmore got up under public participation and he also went ahead and spoke, but I was not permitted. I am okay with it. I just want that in the records that I am not the only one that has asked to speak under public participation.
All members voted aye.
CLAIMS, PAYROLL AND DISBURSEMENTS
Alderman Anthony made a motion second by Alderman Whitaker to approve claims and disbursements in the amount of$3,749,124.79 payroll for 11/ 19/ 21 in the amount of$925,645.00 and 12/ 3/ 21 in the amount of$851, 701. 20.
Alderman Ovian: I have a question for Jamie, out of TIF 3 what was the payment for DND Urban Holding LLC, in the amount of$31, 500.00, what did that represent?
City Clerk Meyer: That is for the Freeburg roundabout property.
Members voting aye on roll call: Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan. (15)
REPORTS
ORAL REPORTS
STREETS & GRADES:
Alderman Randle made a motion second by Alderman Hazel to approve bid with Christ Brothers Asphalt, Inc., lowest responsive bidder, in the amount of$307, 206. 34 for 2021- 2022 Asphalt Patch MFT/ TIF Funds).
Members voting aye on roll call: Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel. (15)
ADMINISTRATION:
Alderwoman Schaefer made a motion second by Alderwoman Eros to approve 2022 Committees Commissions calendar.
All members voted aye.
Alderman Ferguson made a motion second by Alderwoman Schaefer to approve extension and amendment to Communications Agreement between Signal Hill Fire Protection Association, Inc. and the City of Belleville, January 1, 2022 through December 31, 2024.
Members voting aye on roll call: Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker. (15)
ZONING BOARD OF APPEALS:
63- NOV21 — Rohaan, Inc.: Request for a Use Variance for a temporary structure at 1301 South 74th Street (07-11. 0-406-002) located in a" C- 2" Heavy Commercial District. (Applicable sections of the zoning code: 162.027,162.570) Ward 8. Zoning Board of Appeals unanimously recommended Approval IN THE NAME OF THE APPLICANT ONLY vote of 6- 0.
Alderman Wigginton made a motion to approve second by Alderwoman Schaefer. Discussion. . .
Alderman Randle: Mayor I would like to know exactly what we are approving here. I listened to the audio tape from the Zoning meeting, and I was a bit confused as to what the Zoning Board actually was approving with respect to it being a temporary structure when we have the attorney for Rohaan, Inc. here saying it is a structure permitted under ordinance and would not need a zoning variance in the first place. I do not know if City Attorney Hoerner has had an opportunity to take a look at this or not.
City Attorney Hoerner: I can tell you that what happened prior solely across the street, submitted application for a temporary structure. Section 162.027 talks about how the City Council may upon application therefor, permit the use of such temporary structure for such reasonable time, for such use, and subject to such conditions as the Council deems to be compatible. It appears as I look at it, the Zoning Board addressed the application that was submitted in the fashion it was submitted. There is a suggestion that some other sort of permit used here would not have made an application necessary, but it sounds like if this motion is approved it is going to accomplish the same thing.
Alderman Randle: Again, listening to the audio from the Zoning meeting, I think there was a suggestion that it takes the same stance as we did with the property on the other side of the street, but I think the condition on that property was that they had to build an addition on the back for storage. I just want clarification as to how just simply approving of a variance for this outbuilding to be utilized or are we operating by some other stipulation.
Economic Development and Planning Director Cross: Actually, I think the action was to be consistent with the prior approval. I think what is being talked about here is a permit for an accessory structure or does this require a use variance. That is what they are asking you for. Traditionally, in commercial districts, you want the accessory structure to be part of the primary structure. They are asking for a Use Variance for this accessory shed at this time. That is what the request is.
Alderman Randle: In essence we are just approving this, so they have continued use of it in perpetuity?
Economic Development and Planning Director Cross: The actual motion and I noticed on the staff report, that this will be revisited in a year. We are going to do some amendments to address accessory structures on commercial properties. This needs to be revisited in one year.
Alderman Weygandt: Is this the one on 741" Street at the filling station? Gave them temporary, so they could keep supplies in because of COVID. That was the reason we gave a one year on that. Now is that a trailer? Or is that a structure.
Economic Development and Planning Director Cross: It is a shed according to my understanding to what they have over there. I know that is what this one is, now I am not familiar with the other case, other than what I have heard, but I believe it is an accessory shed. One concern that we have, and we have a long way to go with a zoning ordinance, you have heard me talk about multiple amendments that are going to come before you and the sign amendment is one thing that needs to be done. It is not consistent, the design standards of accessory structures and primary structures on commercial properties, which needs to be addressed. I can tell you I am not a fan of a shed, accessory shed, on a commercial property. It really has no place there. If they are going to commit to having a quality type of commercial establishment, they should commit to construct an addition onto that building that the fagade meets the current design of that building, we should not have outbuildings on commercial lots. If you look at your ordinance right now, they way it is written for commercial properties, it indicates you should only have one primary structure on a commercial lot. This is a backdoor way, no disrespect, this is a way to add additional buildings for storage when there should be additions that match fagade of the current building. I am not opposed to it because that is the way the ordinance is, but I can promise you we will bring some proposed amendments to you to address this.
Alderman Weygandt: I agree with Cliff, it is an outside structure it should be part of the building, if they are willing to build on to the building and get rid of that structure, I will go along with it. I do not want a shed out there.
Economic Development and Planning Director Cross: Like I said to make it a condition, to bring it back in one year to revisit, it will give us time to address it, now the argument that this is a permitted accessory structure, I am not arguing that at all. The way the ordinance is written currently, there is nothing that prohibits it. But what I can tell you is we will look at addressing these outbuildings and how the non- conformities, and quite honestly that is a fancy term for grandfathered structures, in the future and will also address it with signage over time. I have no objection to approving it, with the understanding that we are going to look at addressing it and this should be revisited in one year as well.
Alderman Wigginton: Thank you Cliff, your approach is right on. I think what he is trying to say is if we do not get a handle on this, we are going to have every convenient store in the City of Belleville wanting to put an accessory building on their lot and it is going to be just overkill. The other thing about it is too, they did not come for a building permit. Either of those two entities on either corner did not get building permits. I think he really has a handle on this, reviewing it, give it a year and then maybe nine months down the road he will formulate an amendment or a policy or something that we can really sink our teeth in. I agree with Alderman Randle this is very confusing because we really do not have anything to sink our teeth in to. Cliff is on the right track, it is what it is, we did it for Phillips 66 we gave them a year and we cannot hardly backtrack. I think we have to go forward with this motion.
Economic Development and Planning Director Cross: I am going to give you a classic example; site plan approval you are going to see a case come before you on the twentieth on a site plan review, we did at Planning Commission, one of the conditions of that was that the dumpster enclosure fagade has to meet the design of the primary building. That is the approach we want to take as we move forward.
Mayor Gregory: Anymore discussion? Hearing none.
Members voting aye on roll call: Eros, Randle, Ferguson, Anthony, Dintelman, Schaefer, Rothweiler, Elmore, Wigginton, Sullivan, Hazel, Whitaker, Duco. (13)
Members voting no on roll call: Ovian, Weygandt (2)
64- NOV21 — James A. Grindstaf . Request for a Special Use permit for a liquor license and outdoor seating at 6980 West Main Street ( 07- 12. 0- 210- 058) located in a " C- 2" Heavy Commercial District.( Applicable sections of the zoning code 162.248, 162. 515, 162.248, 162.515) Ward 8 Zoning Board of Appeals unanimously recommended Approval IN THE NAME OF THE APPLICANT ONLY vote of 6- 0.
66- NOV21 — Devang Pandya: Request for a Special Use permit for a liquor license at 1 South Belt East(08-28.0-405-004) located in a" C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.248,162.515) Ward 6 Zoning Board of Appeals unanimously recommended Approval IN THE NAME OF THE APPLICANT ONLY vote of 6-0.
68- NOV21 - Michael Johnson/Shoehorn Brewing Inc: Request for a Special Use permit for a liquor license at 225 E. Main St. (08-22.0-334-036) located in a" C-2" Heavy Commercial District.
Applicable sections of the zoning code: 162.248,162.515) Ward 2 Zoning Board of Appeals unanimously recommended Approval IN THE NAME OF THE APPLICANT ONLY vote of 6-0.
70- NOV21 — Knipp Roofing & Exteriors: Request for a Special Use permit for a fence at 15 South Tenth St. (08-21. 0-336-021) located in a ` B-l" Multi-family Residential District. Applicable section of the zoning code: 162.392) Ward 5 Zoning Board of Appeals unanimously recommended Approval vote of 6-0.
71- NOV21 — Tamara Scott: Request for a Special Use permit for a liquor license at 9735 West Main St. ( 02-35.0-213-001) located in a " C- 2" Heavy Commercial District (Applicable sections of the zoning code: 162.248,162.515) Ward 4 Zoning Board of Appeals unanimously recommended Approval IN THE NAME OF THE APPLICANT ONLY vote of 6-0.
Alderwoman Schafer made a motion second by Alderman Ferguson to approve Zoning cases 64- NOV21, 66- NOV21, 68- NOV21, 70- NOV21 and 71- NOV21.
All members voted aye.
65- NOV21 — Jesse Taylor Trent: Request for a Special Use permit for a used car lot at 1810 West Main Street (08- 20. 0- 405- 030) located in a" C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.248,162.515) Ward 2 Zoning Board of Appeals unanimously recommended Approval vote of 6-0.
Alderwoman Schaefer made a motion second by Alderwoman Duco to approve the request. Discussion.
Alderman Randle: I will raise a question here I believe this is for car sales via the internet?
Economic Development and Planning Director Cross: Yes, I believe that is what they are seeking here tonight. They did mention they would have limited traffic that will come to the site I think they asked to have five cars onsite. What I can tell you is in looking at the site, they are going to before they get any occupancy permit, they are going to have to ensure all the improved parking is in place. That means it has to be properly surfaced, striped and so forth. Now, if it has internet sales, one thing I always remind the Council is anything that comes from you from the board adjustment or Planning Commission is a recommendation only. If you feel that you need to attach some additional conditions to work even more restrictive, you definitely have that option here tonight. If you feel having five cars onsite is too much that can be reduced to a number two or three for only twenty- four hours or so for the customer who purchased the car on the internet to come to the site and pick it up, storage type scenario. You do have that right to do that tonight.
Alderman Randle: One more, Mayor if I will? Garrett, these are still subject to State Sales Tax are they not?
City Attorney Hoerner: Used car deals? Yes.
Economic Development and Planning Director Cross: I do believe that you will have to do the proper zoning certification through the Illinois Department of— Secretary of State' s Office, we will have to verify that, but we cannot sign off on that until there is an action giving the zoning approval because there is a zoning sign off form that they will present to the Illinois Secretary of State.
Alderman Wigginton: As I understand, zoning also, this is not going to be a high traffic, big volume used car lot, as far as cars on the premises, but this gentleman has to have a storefront to be able to redo his license so that is one reason they purchased the building so he would have a storefront.
Alderman Ovian: What is the average sale price of the vehicles he will have up for auction?
Economic Development and Planning Director Cross: I do not believe they are up for auction; they are just for purchase and to answer your question, I do not know, I am assuming it is based on Bluebook value, whatever it may be. I think we all know the cost of used vehicles have gone up so probably more now than what they may be in a year and a half but honestly that is a question we probably did not even ask just because really it does not dictate the land use.
All members voted aye.
67- NOV21 — Eddie L. Chambers: Request for a Special Use permit for two multi- family dwellings and an office building at 1808 North Belt West (08-17.0-203-004) located in a "C-2" Heavy Commercial District. (Applicable sections of the zoning code: 162.248,162.515) Ward 3 Zoning Board of Appeals unanimously recommended Approval vote of 6-0.
Alderwoman Schaefer made a motion second by Alderwoman Eros to approve the request. Discussion. . .
Alderman Randle: I am not going to vote in favor of this. This proposal or what is in front of us is for two multi- family dwellings which is two apartment buildings which would be constructed here. For my part, living in Ward 3 for most of my entire life, there are far more multi-family dwellings, apartment buildings within Ward 3, I am not voting for any more of them.
Alderman Hazel: I do have a question on this address is there two or three other buildings at that location? Right next door.
Members voting aye on roll call: Anthony, Schaefer, Sullivan, Hazel, Duco (5)
Members voting no on roll call: Randle, Ferguson, Ovian, Dintelman, Rothweiler, Elmore, Weygandt, Wigginton, Whitaker, Eros (10).
Motion denied by a vote of 5:10.
ECONOMIC DEVELOPMENT/ ANNEXATION:
Alderman Randle made a motion second by Alderwoman Schaefer to approve a Development Agreement with Krimson Achievement Youth Foundation for acquisition of 802 West `C' St. for a community center.
Members voting aye on roll call: Ferguson, Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle. (15)
HISTORIC PRESERVATION COMMISSION:
Alderwoman Eros made a motion second by Alderman Dintelman to accept a resolution of support for the 6t' Street West Belleville History Park& Heritage Walk.
Members voting aye on roll call: Anthony, Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson. (15)
Mayor Gregory: Before you leave gentlemen, I would like to thank the Krimson Achievement Youth Foundation. You are doing a wonderful job with the children in our community. I appreciate your help with helping children make better people of themselves. Thank you so much.
PLANNING COMMISSION:
Alderman Dintelman made a motion second by Alderman Rothweiler to approve Eckert' s Inc.: Site Plan and Architectural Elevations for the addition of an approximately 5, 500 square foot outdoor dining pavilion/ music venue, a 700 square foot stage and a 500 square foot restroom, at 951 S. Green Mount Rd., a" C- 4" Planned Commercial District- zoned 3. 62- acre site. (Parcel 13-01. 0-100-018) Ward 6. Planning Commission unanimously recommended Approval with the stipulation the conditions of the Director of Wastewater be met prior to City Council Site Plan approval— site plan reflects stipulations of WWTP.
Members voting aye on roll call: Ovian, Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony. (15)
PARKS BOARD:
Alderman Dintelman made a motion second by Alderwoman Eros to accept and install the historical courthouse columns at the 6t' Street West Belleville History Park& Heritage Walk upon fund availability.
Members voting aye on roll call: Dintelman, Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian. (15)
COMMUNICATIONS
NONE.
PETITIONS
NONE.
RESOLUTIONS
NONE.
ORDINANCES
Alderman Wigginton made a motion second by Alderwoman Schaefer to read by title only and as a group Ordinances 9007- 2021, 9008- 2021, 9009- 2021, 9010- 2021, 9012- 2021, 9013- 2021 and 9014- 2021.
All members vote aye.
ORDINANCE 9007- 2021
A Zoning Ordinance In Re: 63- NOV21 —Rohann, Inc.
ORDINANCE 9008- 2021
A Zoning Ordinance In Re: 64- NOV21 — James A. Grindstaff
ORDINANCE 9009- 2021
A Zoning Ordinance In Re: 65- NOV21 —Jesse Taylor Trent
ORDINANCE 9010- 2021
A Zoning Ordinance In Re: 66- NOV21 —Devang Pandya
ORDINANCE 9012- 2021
A Zoning Ordinance In Re: 68- NOV21 — Michael Johnson/ Shoehorn Brewing, Inc.
ORDINANCE 9013- 2021
A Zoning Ordinance In Re: 70- NOV21 —Knipp Roofing
ORDINANCE 9014- 2021
A Zoning Ordinance In Re: 71- NOV21 — Tamara Scott
Alderwoman Schaefer made a motion second by Alderman Ferguson to approve the Ordinances as read.
Members voting aye on roll call: Schaefer, Rothweiler, Elmore, Weygandt, Wigginton, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman. (14)
Members vote to abstain on roll call: Sullivan (1)
UNFINISHED BUSINESS
MISCELLANEOUS & NEW BUSINESS
Alderman Ferguson made a motion second by Alderwoman Eros to approve Motor Fuel Claims in the Amount of$ 48, 664. 18.
Members voting aye on roll call: Rothweiler, Elmore, Weygandt, Wigginton, Sullivan, Hazel, Whitaker, Duco, Eros, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer. (15)
EXECUTIVE SESSION
None.
ADJOURNMENT
Alderman Ferguson made a motion second by Alderman Wigginton to adjourn at 7:43 p.m. All members voted aye.
https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_12062021-2644
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