Metro East Sun

City of Belleville City Council met Oct. 16.

Here are the minutes provided by the council:

Mayor Gregory called this meeting to order at 7:00 p.m.

City Clerk Gain Meyer called roll. Members present on roll call: Alderperson Whitaker, Alderperson Schneider, Alderperson Duco, Alderperson Randle, Alderperson Ferguson, Alderperson Anthony, Alderperson Ovian, Alderperson Dintelman, Alderperson Schaefer, Alderperson Stiehl, Alderperson Rothweiler, Alderperson Elmore, Alderperson Weygandt, Alderperson Sullivan.

Excused: Alderperson Eros, Alderperson Osthoff.

ROLL CALL DEPARTMENT HEADS 

City Clerk Gain Meyer called roll of Department Heads: City Attorney Hoerner; Asst. Police Chief, Mark Heffernan; Fire Chief, Stephanie Mills; Finance Director, Jamie Maitret; Director of Public Works, Jason Poole; Director of Wastewater, Randy Smith; Interim Director of IT, Ty Buckner; City Engineer, Scott Saeger; Director of Health, Housing & Building, Scott Tyler; Director of Economic Development, Planning & Zoning, Clifford Cross; Director of Maintenance, Mike Schaefer; Director of Recreation, Don LaChance.

Excused: City Treasurer, Sarah Biermann; Police Chief, Matt Eiskant; Library Director, Leander Spearman; Director of Human Resources, William Clay; Director of Communications & PR, Kathy Kaiser.

PLEDGE 

PUBLIC HEARING 

None.

PUBLIC PARTICIPATION 

William Enyart: 301 Abend Street. I am here to speak about agenda number 11-A-3, 11-F-5. 11-F-6. The Avenue Development is immediately adjacent to the Old Belleville Historic District Residential area. It is a neighborhood with rising home prices and banks investing in century old homes. It is a jewel near downtown. One of our historic neighborhoods. The City Council has clearly expressed its concern with the explosion of venue spaces in the City. With the recent Zoning Code prohibiting Belleville of a new venue within one mile of existing. There are already five venues within a half mile of this location. All are clearly in commercial locations (inaudible). Ms. Mordini, in 11-F-5 and 11-F-6 is asking for a Special Use, therefore the burden of proof is on her, not only on the affected neighbors nor the City. She has not set forth a real security plan, nor a plan to control noise, nor a business plan. She simply says, it will be classy. Classy is a great working word, but it is not a plan. Ms. Mordini's RFP is in no way grandfathered in because she has changed it multiple times and now asking for pergolas when in earlier meetings she withdrew her request for outdoor pavilions due to the neighborhood people's concerns. Kathy Mordini has stated in the Zoning Board that she is not doing anything different than what Charlie's is doing. Because Charlie's is and has been a neighborhood restaurant with a bar. The Mordini's do not have (inaudible) and there is not room to place commercial kitchen in it. She is proposing an outdoor party venue, not a restaurant but a bar. Before you cast your vote tonight, I ask you to consider, would you want a party house with outdoor seating without a solid security plan and virtually unlimited hours across the street from your home. I ask you to consider, if the Council is serious about controlling new party venues, and supporting strong neighborhoods, do you want to approve an uncontrolled, unrestricted, poorly planned party house? If you don't want it across the street from your home, we ask you to vote no.

Barb Swantner: 211 Abend Street. I am co-owner of Charlies on the corner. I sent you all, the Aldermen, (inaudible) a letter stating my concerns about the project that Kathy Mordini is planning. All of our neighbors want to see progress, that is not the point, it is just we are concerned about the details of the project. There aren't any details. We don't know what the hours are going to be, we don't know what is, she sent out all of her references, but it spoke of art and dance, and I am not seeing any of that in any of the plans, up until now. Sounds like it is a (inaudible) she said they were going to have parties, so when I saw the Historic Preservation Commission recommendations application for her proceeding it is not (inaudible) all sorts of things in the liquor license that just doesn't fit in with showers and art and (inaudible). I would just like for you to consider tabling it or holding off on it until we can verify any of the documents that I have seen, who these people are that can come to these parties has not been identified and (inaudible). We want, as a neighbor, (inaudible).

Kathy Nadeau: 203 Abend Street. I am very happy that something is being done with the building because we have been there for 23 years and it just sat idle, but I am very, very concerned if it turns into a venue. We are straight across the street and parking is going to be an issue, if they have 50-100 people in this building, where are they going to park? There is a noise factor, and my mother came to visit this weekend and her bedroom is on the first floor on the North side and there is a door there that we have nailed shut but what if someone decides they need to use a phone or something, there are going to try and come up the back stairs and try to knock on the door and she will be terrified. Something else would come of use for this building that would be great, but a venue, please, keep that in mind when you vote.

Keith Owens: 215 Abend Street. I would like to share that I am three houses down from this project. At the beginning of this project when it was given, it was a grand project that was brought with kiosks and fire pits and all these things that were inside with this project, it was backtracked where there was not going to be pavilions, there's not going to be firepits, there is not going to be all of this stuff because we have a homeless issue in our neighborhood. We have a homeless issue two blocks down and they do come in, we have had them pulled out of houses that were abandoned, our neighbors have gone, and I have put wood on doors and windows and other things like that to keep the homeless out. It is now changed, every two months, this plan changes. Now she is talking pergolas, what is the difference between a pergola and a kiosk? A back wall. Secondly, I have been on the Historical Preservation Commission for years, I was VP, I was Treasurer, I have been Secretary, and I can tell you right now, I know the design manual backwards and forwards. They will have to get permission to put pergolas on the side of the building and it will have to be historically accurate, and it is not because this building is part of the Preservations Commissions guidelines area, it is in the Old Belleville Historical Neighborhood. Secondly, how is she going to get people from the inside of that building into that venue space on the side? If you look really close at one of her renderings, she has a garage door opening on the side of that building going out into that venue. That will not pass the DRR or the Designers Manual. So, before we continue to start looking at all this, I ask you to look at the Zoning of the DRR and the Designers Manual and see how this does not match and it cannot go forward.

Sean McElligott: 124 South 18th Street. I am commenting on a different item on the agenda, the liquor license at 160 West Main. I am in support of both items on the agenda, I have patronized the business a lot for at least a good seven years now, I know the staff quite well and the people that run the place and I think this is ideal for them.

PRESENTATIONS, RECOGNITIONS & APPOINTMENTS 

Mayor Gregory read a proclamation recognizing "Red Ribbon Week."

Mayor Gregory read a proclamation recognizing "Extra Mile Day."

Mayor Gregory read a proclamation recognizing "Sister Cities International Day."

Mayor Gregory recommended the reappointment of David Martinson to serve a 3-year term on the Board of Fire and Police Commission.

Mayor Gregory recommended the reappointment of Marge Belt to serve a 5-year term on the Parks and Recreation Board

Mayor Gregory recommended the reappointment of Rob Roehrig, Josh Hader, and Bryan Jarvis to serve 4-year terms on the Electrical Commission

Alderperson Dintelman made a motion second by Alderperson Schaefer to approve the Mayor's appointments.

Members voting aye on roll call: Whitaker, Schneider, Duco, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan. (14)

APPROVAL OF MINUTES 

Alderperson Ferguson made a motion second by Alderperson Schneider to approve the City Council Meeting Minutes and Executive Session Minutes of October 2, 2023.

Members voted aye.

Motion carries.

CLAIMS, PAYROLL AND DISBURSEMENTS 

Alderperson Ferguson made a motion second by Alderperson Schaefer to approve claims and disbursements in the amount of $1,246,598.61 and payroll in the amount of $988,691.39.

Members voting aye on roll call: Schneider, Duco, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker. (14)

Motion carries.

REPORTS 

None.

ORAL REPORTS FROM STANDING COMMITTEES, SPECIAL COMMITTEES AND ANY OTHER ORAL REPORTS FROM THE ELECTED OFFICIALS OR STAFF 

ADMINISTRATION 

Alderperson Schafer made the following motions second by Alderperson Ferguson:

Motion to set the date of annual Joint Review Board meetings for all active TIF Districts for Friday, December 8, 2023 at the time listed in the attached memo.

Motion to nominate Dr. Phil Silsby as the Public Member Nominee for the Joint Review Board meetings for all active TIF districts to be held on Friday, December 8, 2023.

All members present voted aye.

Motion carries.

Alderperson Randle made a motion second by Alderperson Schaefer to approve and accept the revised Request for Proposal Agreement Contract for 123-127 Mascoutah Avenue.

Alderperson Elmore: The only thing A-3 does is change the closing date. That is it.

City Clerk Gain Meyer: Correct. The date changed to a closing of October 20, 2023. That is the only change.

Members voting aye on roll call: Duco, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider. (14)

Motion carries.

MASTER SEWER 

Alderperson Dintelman made a motion second by Alderperson Schneider to approve an agreement with TWM for engineering of the west Plant Outfall Rehabilitation in the amount of $22,800.00.

Members voting aye on roll call: Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco. (14)

Motion carries.

TRAFFIC 

Alderperson Elmore made a motion second by Alderperson Schneider to approve the following:

Motion to approve a four-way stop at the intersection of Mascoutah and East Monroe Street

All members present voted aye.

Motion carries.

Alderperson Elmore made a motion second by Alderperson Rothweiler to approve the following:

Motion for two (2) handicap parking spaces west side 100 block North Church Street, north from the intersection of East “A” Street and North Church Street; (1) 36' – 64', (2) 100' — 123'

Motion for one (1) No Parking Zone west side, 100 block North Church Street, 64' north of intersection of East A Street and North Church Street to a point 100' from intersection.

All members present voted aye.

Motion carries.

FINANCE 

Alderperson Whitaker made a motion second by Alderperson Stiehl to approve the following:

Motion to approve FY23 audit reports.

Motion to waive formal bidding procedures and purchase one (1) new 2023 Ford Super Duty F-250 pickup truck from Broadway Truck Centers for $62,000.00 for the Maintenance Department, matching the Illinois State bid price.

Motion to approve a contract with Next Request for the Police Department

Motion to approve quote from Banner Fire Equipment, Inc in the amount of $34,173.74 for additional equipment installation for new ladder truck previously approved on 7/17/23, as well as trade in of 1984 E-One Hurricane Pumper for $7,500

Members voting aye on roll call: Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle. (14)

Motion carries.

Alderperson Whitaker made a motion second by Alderperson Elmore to table the new overtime billing rates for third-party vendors for special events and fitness events effective January 1, 2024

Alderperson Whitaker: So, we talked about this a little bit in Finance Committee, I was able to get some more documents after the meeting, I totally understand what the Police Department is doing, and I agree with it as far as their overtime billing rates have not been updated for several years as it relates to Special Events and Fitness and the various things they are doing. But in doing this we found that there is a 2012 memo that set a policy establishing certain rates for certain events on the Police Departments form, it says; fitness events get a reduction but at this point we have not been able to find any policy or Council action supporting that. I just think this all needs to be considered as one package and we bring it back as a final approval, Chief is not wanting this done until January 1, so I think we have some time to make sure we look at all aspects of this and update our policy that is eleven years old and have some consistency, that is why I encourage us to table this thing.

All members present voted aye.

Motion carries.

POLICE & FIRE COMMITTEE 

Alderperson Anthony made a motion second by Alderperson Whitaker to approve the following:

Motion authorizing the sale/conversion of Police Vehicles 2014 Ford Explorer (VIN: 65093), 2015 Ford Explorer(VIN: 41886), 2014 Ford Taurus Sedan (VIN: 24229), 2014 Ford Taurus Sedan (VIN: 24228), 2014 Ford Tauras Sedan (VIN: 24226), 2018 Ford Explorer (VIN: 71602), 1989 Chevrolet S- 10 (VIN: 91523)

Motion authorizing sale/conversion of various Police Department equipment (cameras, push bumpers, lightbars)

Motion to approve a license agreement with NITV Federal Services for Computer Voice Stress Analyzer (CVSA) computer, software, and training of two (2) Officers in the amount of $9785.00.

Members voting aye on roll call: Anthony, Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle, Ferguson. (14)

Motion carries.

ZONING BOARD OF APPEALS 

35-SEP23 TERESA WOODS: Request for a Sign Installation Permit in the Area of Special Control at 106 East Main St (08-22.0-338-047) located in a "C-2” Heavy Commercial District. (Applicable sections of the City Code: 155.052, 155.053, 155,090) Ward 6. Zoning Board of Appeals recommended APPROVAL, with a vote of 6-0

36-SEP23 GINA MARIE BUFFA: Request for a Special Use Permit for a "Class B liquor license" at 1601 West Main Street (08-21.0-322-008) located in a "C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 2. Zoning Board of Appeals recommended APPROVAL, in the Name of the Applicant Only, with a vote of 6-0.

37-SEP23 GINA MARIE BUFFA: Request for a Special Use Permit for outdoor dining/seating at 1601 West Main Street (08-21.0-322-008) located in a "C-2” Heavy Commercial District.

(Applicable sections of the City and Zoning Code: 118.01, 162.400, 162.248, 162.515) Ward 2. Zoning Board of Appeals recommended APPROVAL, with a vote of 6-0

38-SEP23 JUERGEN HUETTNER: Request for a Special Use Permit for a "Class B liquor license" at 2346 Mascoutah Avenue (08-25.0-103-001) located in a “C-4” Commercial District. (Applicable sections of the Zoning Code: 162.278, 162.515) Ward 7. Zoning Board of Appeals recommended APPROVAL, in the Name of the Applicant Only, with a vote of 6-0

41-SEP23 LEONARD TYLER: Request for a Special Use Permit to expand upon the indoor storage use at 818 East Washington Street (08-22.0-348-077/078) located in a "C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 7. Zoning Board of Appeals recommended APPROVAL, with a vote of 6-0

42-SEP23 LEONARD TYLER: Request for a Special Use Permit to construct a metal building exceeding 150 square feet at 818 East Washington Street (08-22.0-348-077/078) located in a “C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248,162.515) Ward 7. Zoning Board of Appeals recommended APPROVAL, with a vote of 6-0

43-SEP23 ERIK BUSCH: Request for a Special Use Permit for a "Class B liquor license" at 732 South Illinois Street (08-28.0-234-004) located in a "D-1" Light Industry District. (Applicable sections of the Zoning Code: 162.308, 162.515) Ward 6. Zoning Board of Appeals recommended APPROVAL, in the Name of the Applicant Only, with a vote of 6-0

44-SEP23 CITY OF BELLEVILLE ZONING CODE AMENDMENT: Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Sections 162.232, 162.247, 162.262 and 162.277 "Permitted Uses" and Sections 162.233, 162.248, 162.263 and 162.278 "Special Uses". Zoning Board of Appeals recommended APPROVAL, with a vote of 6-0

Alderperson Elmore made a motion second by Alderperson Schneider to approve the Zoning requests as read.

All members present voted aye.

Motion carries.

39-SEP23 AVENUE DEVELOPMENT: Request for a Special Use Permit for a "Class F liquor license" at 123-127 Mascoutah Avenue (08-22.0-347-027/028) located in a “C-2” Heavy Commercial District. (Applicable sections of the Zoning Code: 162.248, 162.515) Ward 6. Zoning Board of Appeals recommended APPROVAL, in the Name of the Applicant Only, with a vote of 5-1

Alderperson Rothweiler made a motion second by Alderperson Stiehl to approve the request as read.

Alderperson Rothweiler: A couple of items on this item here, we don't oppose the liquor license it is an indoor business, it will be inside, the applicants change from an A request to an F request license which is an event license to do that and that meets with what the proposed project is stipulated to be, so if it is going to be inside and it is an event center inside, I don't have an issue with it. I intend to vote for it.

All members present voted aye.

Motion carries.

40-SEP23 AVENUE DEVELOPMENT: Request for a Special Use Permit for outdoor dining/seating at 123-127 Mascoutah Avenue (08-22.0-347-027/028) located in a “C-2” Heavy Commercial District. (Applicable sections of the City and Zoning Code: 118.01, 162.400, 162.248, 162.515) Ward 6. Zoning Board of Appeals recommended APPROVAL, in the Name of the Applicant Only and the installation of a required 6-foot privacy fence around the outdoor dining/seating area, with a vote of 6-0

Alderperson Stiehl made a motion second by Alderperson Rothweiler to approve the request as read.

Alderperson Stiehl: I would like for someone to spell this out a little bit better as to what the restrictions would be for this outdoor dining, because the proposal that was given to the Zoning Board changed and it just said they were moving their offices there to that building. So, I just need someone to clarify.

Alderperson Rothweiler: I have a procedural question for Cliff Cross. If we are to vote no upon this can the applicant come back and how soon?

Director of Economic Development, Planning & Zoning, Clifford Cross: In the twelve-month period.

Alderperson Rothweiler: If we table it then it can be brought back up at another meeting, is that correct?

Director of Economic Development, Planning & Zoning, Clifford Cross: You have four options as a Council, you can accept the recommendations of the Zoning Board of Appeals proven based on that, you can accept the recommendations and approve it with additional conditions, you can deny the request, you can table the request, tabling goes one of two ways, either as a Council or kicking it back to the Zoning Board of Appeals for further consideration.

Alderperson Rothweiler: My second question is the Council already approved the sale of this property, correct?

Director of Economic Development, Planning & Zoning, Clifford Cross: They did in accepting the RFP from the Economic Development.

Alderperson Rothweiler: The RFP that was presented to us at that time, the Council already approved that --- 

Director of Economic Development, Planning & Zoning, Clifford Cross: They already approved it.

Alderperson Rothweiler: This has been a very difficult issue; this should be a project that brings the neighborhood together instead it has torn the neighborhood apart. I don't like that at all. We have an empty building sitting there, it has been there for years and years empty, nothing going on there. We have an applicant who presented a proposal for improving that building, improving that corner, we should be welcoming that kind of progress. However, there are some issues here that are involved. The very first issue is the residents who live very closest to that facility, they have to live there, they have to put up with whatever it is that is out there. We have already approved the liquor license just a minute ago for the location inside, that doesn't seem to be the issue. I didn't hear anybody speak tonight or at any other time of the inside being the issue. The issue is what is outside. The noise outside, the late times, my issue with zoning, and I was there, the fence part of this is from me, I insisted on a fence being part of this proposal because we have issues with homeless at the park just down the street, they are just going to move down there until that park gets a fence and it will continue to be a problem. Really the issue here is the outside portion of this. What has been presented about what they are going to do, the applicant presented to us what they are going to do with this, well, initially it is going to be cabanas from a market type deal, which we had objections to because of the homeless issue, people laying around, that has changed, then at the zoning meeting it was going to be a firepit and now it is going to be pergolas which I heard that at zoning. It changes here and it continues to go on. I am not inclined to approve this without having more details about the hours, the structures that are proposed, in an email the applicant argued with me about a fence that it wasn't needed, that the Police would just be called, the Police Department is not going to go back to clearing out that space as it has been clearing out the park for years. In my view right now, I want a firm plan on the outside, hours, structures, fence, I insist upon the fence to protect it. If we can't have that, I don't think now is an appropriate time to approve that. For the purpose of discussing this, I move to table it until the applicant has a chance to come back and solidify exactly what is going out there, what the hours are going to be, what structures are going to be there because the people who live there are going to have to deal with this, they ought to be able to know what they are going to have to deal with and if they can't do it. Can I withdraw my motion to approve?

City Attorney Hoerner: If you make a motion to table this, that will take precedence.

Alderperson Rothweiler: I make a motion to table this.

City Attorney Hoerner: Just for clarification, the provision on repeated applications is six months not twelve months.

Alderperson Rothweiler: But if we table this, we can bring it up at another meeting, sooner than that, correct?

City Attorney Hoerner: You can table it and it will just come up at the next meeting or at a meeting within thirty days, I recommend you determine when it comes up.

Alderperson Rothweiler: I would table this till the first meeting in December at the latest.

Alderperson Stiehl: I second it.

Members voting aye on roll call: Ovian, Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle, Ferguson, Anthony. (14)

Motion carries.

STREETS & GRADES 

Alderperson Randle made a motion second by Alderperson Dintelman to approve the following:

Motion to approve a contract with Christ Bros. Asphalt, Inc., lowest responsible bidder, in the amount of $1,191,974.98 for resurfacing of Lincolnshire Subdivision and South Douglas Avenue from McClintock to Prairie(ARPA Funds)

Motion to approve a proposal with Kinney Contractors, Inc., in the amount of $44,474.50 to replace additional pavement between Allsup Place parking lot and the Eastbound ramp to Highway 15(ARPA funds)

Motion to approve a Service Agreement with Lochmueller Group in the amount of $9,950.00 for Professional Engineering, Surveying, Planning and/or Environmental Services on an "as-needed” basis (MFT/TIF Funds)

Members voting aye on roll call: Dintelman, Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle, Ferguson, Anthony, Ovian. (14)

Motion carries.

COMMUNICATIONS 

MIDWEST WOOD CARVERS BANNER 

Request from Midwest Wood Carvers to install a banner on North Illinois Street, October 17, 2023 through October 30, 2023 for the Midwest Artistry In Wood & Craft Show

LINCOLN THEATRE CONCERT - 12/02/2023 and 12/03/2023 

Request from Lincoln Theatre to host Herman's Hermits concert Saturday, December 2, 2023, 7:00pm to 11:00pm and Sunday, December 3, 2023, 3:00pm to 6:00pm. Additional City services: use of 10 parking spaces in City parking lot at corner of North High Street and East "A" Street for band parking.

Alderperson Schaefer made a motion second by Alderperson Stiehl to approve the communications as read.

All members present voted aye.

Motion carries.

None.

PETITIONS 

None.

RESOLUTIONS 

ORDINANCES 

Alderperson Stiehl made a motion second by Alderperson Schaefer to read Ordinance 9191, 9192, 9193, 9194, 9195, 9196, 9197, 9198, 9200, 9201, 9202, 9203, 9204, 9205, and 9206 by title only.

All members present voted aye.

Motion carries.

ORDINANCE 9191-2023 

An Ordinance Authorizing the Sale/Conversion of Personal Property (2014 Ford Explorer, 2015 Ford Explorer, 3 - 2014 Ford Taurus Sedans, 2018 Ford Explorer, 1989 Chevrolet S-10 - Police Department)

ORDINANCE 9192-2023 

An Ordinance Authorizing the Sale/Conversion of Personal Property (cameras, push bumpers and light bars - Police Department)

ORDINANCE 9193-2023 

An Ordinance Authorizing the Sale/Conversion of Personal Property (1984 E-One Hurricane Pumper - Fire Department)

ORDINANCE 9194-2023 

A ZONING ORDINANCE IN RE CASE #35-SEP23-Teresa Woods

ORDINANCE 9195-2023 

A ZONING ORDINANCE IN RE CASE #36-SEP23-Gina Marie Buffa

ORDINANCE 9196-2023 

A ZONING ORDINANCE IN RE CASE #37-SEP23-Gina Marie Buffa

ORDINANCE 9197-2023 

A ZONING ORDINANCE IN RE CASE #38-SEP23-Juergen Huettner

ORDINANCE 9198-2023 

A ZONING ORDINANCE IN RE CASE #39-SEP23-Avenue Development

ORDINANCE 9200-2023 

A ZONING ORDINANCE IN RE CASE #41-SEP23-Leonard Tyler

ORDINANCE 9201-2023 

A ZONING ORDINANCE IN RE CASE #42-SEP23-Leonard Tyler

ORDINANCE 9202-2023 

A ZONING ORDINANCE IN RE CASE #43-SEP23-Erik Busch

ORDINANCE 9203-2023 

A ZONING ORDINANCE IN RE CASE #44-SEP23-City of Belleville Zoning Code Amendment

ORDINANCE 9204-2023 

An Ordinance Amending Article VII (Traffic Code), Chapter 75 (Traffic Schedules) of the Revised Ordinances of the City of Belleville, Illinois as Amended, by Amending Portions of Sections Thereof page 11 of 14

ORDINANCE 9205-2023 

An Ordinance Amending Article VII (Traffic Code), Chapter 76 (Parking Schedules) of the Revised Ordinances of the City of Belleville, Illinois as Amended, by Amending Portions of Sections Thereof

ORDINANCE 9206-2023 

An Ordinance Amending Article VII (Traffic Code), Chapter 76 (Parking Schedules) of the Revised Ordinances of the City of Belleville, Illinois as Amended, by Amending Portions of Sections Thereof

Alderperson Whitaker made a motion second by Alderperson Schaefer to approve the Ordinances as read.

Members voting aye on roll call: Schaefer, Stiehl, Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle, Ferguson, Anthony, Ovian, Dintelman. (14)

Motion carries.

None.

UNFINISHED BUSINESS 

MISCELLANEOUS & NEW BUSINESS 

Alderperson Rothweiler made a motion second by Alderperson Elmore to pay the Motor Fuel Claims in the Amount of $74,336.54. 

Members voting aye on roll call: Rothweiler, Elmore, Weygandt, Sullivan, Whitaker, Schneider, Duco, Randle, Ferguson, Anthony, Ovian, Dintelman, Schaefer, Stiehl. (14)

Motion carries.

Alderperson Ovian: I have new business I would like to share. I would like the Director of Economic Development, Planning & Zoning, Clifford Cross. I need to ask a question and I need clarification. This is the question I am going to pose to you, I am not trying to set you up, I just want to make sure we understand here how we are supposed to proceed. When a business is issued a Special Use Permit requesting Use Variance and does not comply, what corrective action can the City of Belleville take.

Director of Economic Development, Planning & Zoning, Clifford Cross: First off, those are two separate actions, Special Use Permit is actual application where a usage is some similar to a permitted use in a Zoning District that has some extra conditions that may or may not need to be attached. I think tonight is a classic example of what we are talking about. A Use Variance is in place to allow for the approval of a use that is not defined in the code, for example, you can't imagine every type of use that may come to us, so if it is not defined in the code, it is not permitted or else, we issue a Special Use Permit so people will apply for a Use Variance for that individual use. The answer to your question is they are both done via Ordinance. If they violate the provisions of that Ordinance, we could take action to revoke those Ordinances, I would recommend that you go through the formal process in fairness to any applicant or anyone to go through the Public Hearing process, take it back to the ZBA have the hearing and bring it to Council.

Alderperson Ovian: The Jewel Box. Zoning approved the Use Variance case number 33 by a vote of five to one on May 25, 2017. It approved the Use Variance to operate a salon service and cosmetology classes for parcel 02-35.0-213-012 located in a B-1 Multi-Family Zoning District. Applicable portion of Zoning Code 162.182, 162.570 Ward 4 by City Council on September 6, 2017 and from that came the Ordinance 8093-2017. This has never happened, what happens is they were supposed to go ahead basically asphalt the parking lot which they never did.

Director of Economic Development, Planning & Zoning, Clifford Cross: What happens, I am not saying you are right or wrong whatever, what I am saying is there is some performance measures that don't take place and it is like any other action that doesn't perform in accordance to your code, how do you address it. If they do not perform to the Special Use Permit, then within twelve months then it basically expires. I think the question is, and I don't want to get into specifics because this is a specific property, I don't think this is the appropriate forum to talk about a specific property, what I am saying is it comes down to our enforcement of our Ordinances. Now, if it is something you really want to look at, and you really want to address in terms of enforcing it across the board, I am happy to do that, but I think we talked about the circumstances of this particular property.

City Attorney Hoerner: I would also note that this is not an item that is identified on the agenda so Council cannot take any action anyway this evening.

Alderperson Ovian: Garrett, I took it before Housing and I was voted down to not allow it to come before the Council, or Housing because it wasn't on the agenda.

Director of Economic Development, Planning & Zoning, Clifford Cross: This is a different matter, Zoning regulations are different from what you have in Housing. We are regulated by a higher power in a sense with Zoning Legislation Act, we are required by the Compiled Statutes to do Public Notices when we do Ordinances that are a little bit different than the others, if it is in the course of an action to revoke the Ordinance, we need to go through the formal process then follow through with it if they haven't performed by our own Ordinance, it basically expires by default, there is always a kill switch in there for the Special Use Permits if they get it, we need to talk about it at another time.

Alderperson Ovian: What it boils down to, bottom line we don't do Code Enforcement.

Multiple people talking.

ADJOURNMENT 

Alderperson Schaefer made a motion second by Alderperson Ferguson to adjourn at 7:59 p.m.

All members voted aye.

Motion carries.

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_10162023-3106