Metro East Sun

City of Belleville City Council met Sept. 3

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 Osthoff. 

Excused: Alderperson Eros, Alderperson Sullivan. 

ROLL CALL DEPARTMENT HEADS 

City Clerk Gain Meyer called roll of Department Heads: City Treasurer, Sarah Biermann; City Attorney Hoerner; Police Chief, Matt Eiskant; Fire Chief, Stephanie Mills; Finance Director, Jamie Maitret; Director of Public Works, Jason Poole; Director of Wastewater, Randy Smith; Library Director, Leander Spearman; 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 Human Resources, William Clay; Director of Maintenance, Mike Schaefer. 

PLEDGE

PUBLIC HEARING

None.

PUBLIC PARTICIPATION 

Rick Brown: 624 South Pennsylvania Avenue. I think you have a little problem, and it seems to be around the Zoning Board and the Zoning Board of Appeals. You know, when you guys vote on Ordinances that come through the Zoning Board of Appeals, you are going to be voting on one tonight, you don't know what is in it, you have no idea. You don't even have any idea from your packets because you don't have the minutes of that meeting. You have no idea, and you don't have the audio of that meeting. Let me give you an example; on November 6, 2023 you guys passed an Ordinance here that Mr. Cross said, oh this is just clean up, that is all it is, because somebody asked a question, you can go back and refer to the tape. You know what was really in there? It was a big screw up, and that is what you guys voted to fix, and the big screw up was the City never had the authority to demolish the buildings that were retroactively rezoned all those years ago when you got rid of the apartments and the duplexes and told them they had to demolish them if they were vacant for twelve months or eighteen months in a three year period. Also, you had to convert them to a single-family dwelling. Real easy to do, a fourplex to a single-family dwelling, yeah, it don't work. Well guess what? Even when you listen to the minutes of that Zoning Board of Appeals meeting, there is nothing in there, it is crickets. You listen to the audio, then you find out what really happened. They changed "may" to "shall." That means that all of the demolitions that you did, that were on properties that were retroactively rezoned, was done illegally, because there was no governing authority, no Ordinance to do it. You guys got a big problem. So that means that probably for two years from the November 6th, statute of limitations, ah un, that is where it starts. For anybody that wants to sue this City for demolishing or taking a house when they didn't have an Ordinance to do it. You guys, I come up here and you listen to me, and I aim at you guys but, who is writing these Ordinances? It is not you. It's back here and I think that when Cliff tells you that this is just something that has to be done because it is just house cleaning, it is lying. 

Stewart Lannert: 329 South 29th Street. I got a few things to read, and I would like to get them done. North Charles gunfight two drug sellers fired forty or fifty shots and bullets were going into people's houses. Perps got no jail time but twenty months' probation. Several kids have been killed by stray bullets in Belleville. My lawyer says I - - - 

Mayor Gregory: Stewart, we are sticking with the agenda this evening, so these are maybe something you need to talk to the Police Department. 

Stewart Lannert: My lawyer says I am the most hated person in Belleville. I never shot or physically hurt anyone, maybe I talk to much and many people don't like what I say, maybe people hate President Trump also, I feel honored to be in the same category. When I was in court trying to get my bond reduced from $1 million to $500,000 the Judge was holding up a letter he said I sent to Court and he was so mad he was shaking and the other hand he held up a picture, I don't know where he got it, but it was a picture of some gun he said, he acted - - - 

Mayor Gregory: Stewart, I would like to remind you that there is noting about Donald Trump on the City agenda, and we need to stop. 

Stewart Lannert: Yeah, well there were two Nazis were in here just a couple of weeks ago they didn't, there was nothing about Palestine and Isreal - - - 

Mayor Gregory: That is not on the agenda. 

Stewart Lannert: I know that but, you let them rattle on 10-15 minutes a piece. 

Mayor Gregory: But you know what? We are, those are not on the agenda this evening, so if you have more things to say that are developed on the agenda, or other City business, things that you are bringing up or maybe things you need to talk to the Police Department about. So that would be great. 

Stewart Lannert: I filed a complaint against the Police Department on the seventh of last month and I still have not heard back from them. Nobody ever answers their phone up there except for the dispatch and I am just wondering why on the agenda everything on that agenda has already been decided and what do I know about anything that is on that agenda. 

Mayor Gregory: Well, you have a copy of the agenda in the back and things are decided at the City Council meeting. That is what we are here for and once again what you are doing, what you are discussing is not on the agenda, therefore 

Stewart Lannert: Why don't you just say you don't want public participation. 

Mayor Gregory: Nope, I am just following Roberts Rules of Order. You can sit down and thank you so much for comments. 

Lillian Schneider: 219 Kansas Avenue. I would like to read a little post that the other Alderman and I have on our Ward 1 Facebook page. Please help us help you. Alderperson Schneider and I are out replacing EPA stickers on the sewer inlets in the Ward. We are finding many clogged inlets, many with yard debris, please insure that you are not blowing leaves and grass into the streets, and this is ultimately ending up clogging the sewer drains and then floods during the heavy rains. Thank you for helping us keep Ward 1 a great place to live. There is an Ordinance 158.016 no in streets, no person shall dispose of any snow, leaves, or grass from private property by transferring such snow, leaves, grass to the streets of the City. It is an Ordinance and if you seen what I have seen the past week trying to put these stickers on the drain inlets, and we all wonder why our streets clog. We had taken, I am not exaggerating I have pictures, this deep, you didn't even see the cover where it goes over the inlet in, and it was all leaves and grass clippings and that and we wonder why our streets clog and our sewer bills go up? Well, if we could help one another help our City look pretty again and keep it looking nice is I guess what I am trying to say. Mayor Gregory: That is a good message for every Ward to be looking out for the drains and clogging. 

PRESENTATIONS, RECOGNITIONS & APPOINTMENTS 

Mayor Gregory recognized the character word of the month “RESPECT": meaning showing regard for self, others, property, and those in authority. 

APPROVAL OF MINUTES 

Alderperson Stiehl made a motion second by Alderperson Schaefer to approve the City Council Meeting Minutes and Executive Session Minutes of August 19, 2024, 

All members voted aye. 

Motion carries. 

CLAIMS, PAYROLL AND DISBURSEMENTS 

Alderperson Whitaker made a motion second by Alderperson Schaefer to approve claims and disbursements in the amount of $,2581,708.66 and payroll in the amount of $1,010,314.24. 

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

Motion carries. 

REPORTS 

Alderperson Rothweiler made a motion second by Alderperson Ferguson to approve the Treasurer's Report and Statement of Cash and Investments Report - July 2024. 

All members present voted aye. 

Motion carries. 

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

ADMINISTRATION 

Alderperson Randle made the following motions second by Alderperson Ferguson 

Motion to approve an Intergovernmental Agreement with Village of Swansea and Signal Hill Fire Protection District for subscription services with Omnigo Software LLC for the ITI-CAD ESO Interface 

Motion to approve the Special Use Permit for ownership interest Ordinance 8985-2021 to Frances Brennan located at 7307 Old St Louis Road 

Motion to approve a four(4) month extension to the Amended Development Agreement with Blounts & Moore Holdings LLC for the acquisition and remodeling of 7300 Twin Pyramid Parkway 

Motion to approve Facility Use Agreement form for arts/festival use of 30 Public Square with future approvals of downtown events. 

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

Motion carries. 

STREETS & GRADES 

Alderperson Randle made the following motions second by Alderperson Dintelman: 

Motion to modify Oates Associates existing Work Order 32 for Highland Area Streets to include Construction Administration and Full-Time Construction Observation for contract total of $122,900.00 (ARPA Funds) 

Motion to approve a contract with Electrico, Inc. to relocate the light pole to eliminate ADA issue (19 Public Square) in the amount of $28,715.38 (MFT Funds) 

Motion to enter into an agreement with Kaskaskia Engineering Group not to exceed $8,000.00 to provide documentation for the ITEP Grant for West Main 12th-17th Streetscape (TIF 3 Funds) 

Motion to approve the addition of 3 streetlights at the estimated monthly fee of $6.60 for each light (313 Dutch Hollow Road, 7201 W Main Street and 300 South 10th Street) (General Funds) 

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

Motion carries. 

PARKS BOARD 

Alderperson Randle made a motion second by Alderperson Rothweiler to table a Facility Use Agreement with Little Knights Football Club for non-exclusive use of Jaycees Park (750 West H St) for an annual amount of $2000.00 through June 30, 2028 

All members present voted aye. 

Motion carries. 

ZONING BOARD OF APPEALS 

39-JUL24 – MATHEW MARLEN – WESTERN SEVEN TREES LAND TRUST: Request for a Map Amendment to rezone the property commonly known as 7008 West Main Street (07-01.0-415-006) from "C-1" Light Commercial District to "C-2” Heavy Commercial District (Applicable section of the Zoning Code: 162.590) Ward 8. Zoning Board of Appeals recommended APPROVAL with a vote of 6-0. 

40-JUL24 AVENUE REALTY ASSOC.: Request for a Sign Installation Permit in the Area of Special Control at 121 South Illinois Street (08-21.0-449-020) located in a "C-2" Heavy Commercial District. (Applicable sections of the City Code: 155.052, 155.053, 155.090) Ward 5. Zoning Board of Appeals recommended APPROVAL with a vote of 6-0. 

41-JUL24 SWEET TEA MAE, LLC: Request for a Sign Installation Permit in the Area of Special Control at 28 East Main Street (08-21.0-445-021) 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). 

43-AUG24 UNITED INK / TIM MIESNER: Request for a Sign Installation Permit in the Area of Special Control at 13 East Main Street (08-22.0-333-027) located in a "C-2” Heavy Commercial District. (Applicable sections of the City Code: 155.052, 155.053, 155.090) Ward 2. Zoning Board of Appeals recommended APPROVAL with a vote of 6-0. 

45-AUG24 – CITY OF BELLEVILLE ZONING CODE AMENDMENTS: Request for amendments of Title XV (Land Usage) of the Revised Ordinances of the City of Belleville, Illinois, Section 162.006 “DEFINITIONS" and Section 162.570 “VARIANCES”. Zoning Board of Appeals recommended APPROVAL with a vote of 6-0. 

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

All members present voted aye. 

Motion carries. 

42-AUG24 - TACTICAL TOWING & RECOVERY: Request for a Use Variance to allow for accessory temporary outdoor storage of towed vehicles at the property commonly known as 600 Rear Lebanon Avenue (08-22.0-105-015) in a "C-2" Heavy Commercial District. (Applicable sections of the Zoning Code: 162.247, 162.570) Ward 1. Zoning Board of Appeals recommended APPROVAL with a vote of 6-0. 

Alderperson Whitaker made a motion second by Alderperson Schneider to approve the request with an amendment to require privacy material on all fencing present on property. 

Alderperson Randle: I would like to know what the definition of temporary is. 

Director of Economic Development, Planning & Zoning, Clifford Cross: I'm sorry did I hear that definition of temporary? When we talked about this when you have tow yards, tow yards are permitted by right or an actual towing company is permitted by right in that underlying zoning district. Unfortunately, when that Ordinance was written years ago, it was the old school of thought that you only had your truck there and your office there. You went out and picked up a vehicle and then you took it to a salvage yard or wherever it may be. My understanding is the applicant tows various vehicles for various reasons. You're towing for the Police, you're towing for mechanical issues, sometimes they have to be on there for a period of time but, a majority of them I believe it was indicated that it is no longer than a month, I think there is one example of a vehicle that might be there now three to four months but that is very rare and depends upon whether it is part of an investigation or whatever it may be. So, the short answer is, Alderman Randle, I don't know if a temporary timeframe was put on there but, this was we wanted to clearly indicate that this is for temporary storage, and it cannot become a salvage yard. When you talk about salvage yards or junk yards they are defined in our Ordinance as three or more un-operational vehicles and are only permitted in the Heavy Industrial Zoning Districts. Think the verbiage was really put in there so it is made very clear to the applicant that if we feel that they exceed that or it becomes a salvage yard or a junk yard we can go back and remind them that in this Ordinance this identifies this as temporary storage only, no parting of the vehicles and so forth. 

Alderperson Randle: So, what you are telling me is that we don't have it defined as whether it is thirty days, sixty days, ninety days 

Director of Economic Development, Planning & Zoning, Clifford Cross: We do not. 

Alderperson Whitaker: That was a conversation that we had at the Zoning Board and the problem that the applicant had was setting a definitive date, he gave an example that he currently has a vehicle that has been there four months, that is a Police Department tow, that is on an investigative hold that cannot be released to the owner. It was impossible to set a definitive at thirty days it has to be moved and so forth. 

Director of Economic Development, Planning & Zoning, Clifford Cross: And the beauty of the SUP or a Use Variance when you have that it is adopted via this ordinance, if we feel like that it is there is a situation where now it is becoming a salvage yard, we still have the ability to enforce that in compliance with our Zoning Code. I think it became very difficult to define a timeframe for each individual vehicle because quite honestly, that becomes a policing nightmare for the Zoning staff as well to document how long this vehicle has been here, why is this vehicle here and I think the applicant made a very strong case indicating that they do a pretty good job of policing themselves and I think the Zoning Board of Appeals felt like they were comfortable with that and without putting an exact timeframe on each and every vehicle that is towed to the facility. 

All members present voted aye. 

Motion carries. 

COMMUNICATIONS 

VIOLENCE PREVENTION OF SW IL - OCTOBER 2024 

Request from Violence Prevention Center of SW IL to place purple ribbons for domestic violence awareness month in October on streetlight poles - Downtown Belleville 

HARVEST FESTIVAL-09/28/2024 

Request from LongStory Coffee and Belleville Heart Garden to host the Harvest Festival, Saturday, September 28, 2024, 5:30pm to 8:30pm. Street closure request: South High Street north of RR tracks to north of East Grant Street, East Grant Street from South High to alley, 3:00pm to 9:00pm. Additional City services: "No Parking" signage, trash toters and stage 

WITCHES BREW- 10/17/2024 

Request from Down the Hall Homebrew to use Paderborn Square during Witches Walk, Thursday, October 17, 2024, 4:00pm to 9:00pm 

LEARN TO HOMEBREW DAY - 11/02/2024 

Request from Down the Hall Homebrew to host Learn to Homebrew Day using Paderborn Square, Saturday, November 2, 2024, 9:00am to 5:00pm 

GEAR JAMMERS CAR SHOW - 09/08/2024 

Request from Belleville Gear Jammers to host their Car Show, Sunday, September 8, 2024, 9:00am to 4:00pm at Danny's Irish Pub. City services: barricades. 

Alderperson Rothweiler made a motion second by Alderperson Schaefer to approve the Communications as read. 

All members present voted aye. 

Motion carries. 

None. 

PETITIONS 

RESOLUTIONS 

Alderperson Randle made a motion second by Alderperson Schaefer to read Resolution 3519 by Title Only. 

All members present voted aye. 

Motion carries. 

RESOLUTION 3519 

A Resolution of Support for the City of Belleville 2024 Illinois Transportation Enhancement Program (ITEP) Funding Application for the West Main Streetscape Project (12th to 17th) 

Alderperson Randle made a motion second by Alderperson Duco to approve Resolution 3519 as read. 

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

Motion carries. 

ORDINANCES 

Alderperson Stiehl made a motion second by Alderperson Schaefer to read Ordinances 9308, 9309, 9310, 9311, 9312, 9313, and 9314 by title only and as a group. 

All members present voted aye. 

Motion carries. 

ORDINANCE 9308-2024 

A ZONING ORDINANCE IN RE CASE #39-JUL24-Mathew Marlen - Western Seven Trees Land Trust 

ORDINANCE 9309-2024 

A ZONING ORDINANCE IN RE CASE #40-JUL24-Avenue Realty Assoc 

ORDINANCE 9310-2024 

A ZONING ORDINANCE IN RE CASE #41-JUL24-Sweet Tea Mae, LLC 

ORDINANCE 9311-2024 

A ZONING ORDINANCE IN RE CASE #42-AUG24-Tactical Towing & Recovery 

ORDINANCE 9312-2024 

A ZONING ORDINANCE IN RE CASE #43-AUG24-United Ink -Tim Miesner 

ORDINANCE 9313-2024 

A ZONING ORDINANCE IN RE CASE #45-AUG24-City of Belleville Zoning Code Amendment 

ORDINANCE 9314-2024 

A ZONING ORDINANCE IN RE CASE #47-AUG21-Frances Brennan 

Alderperson Whitaker made a motion second by Alderperson Ferguson to approve Ordinances 9308, 9309, 9310, 9311, 9312, 9313, and 9314 as read. 

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

Motion carries. 

None. 

UNFINISHED BUSINESS 

MISCELLANEOUS & NEW BUSINESS 

Alderperson Ferguson made a motion second by Alderperson Schaefer to pay the Motor Fuel Claims in the Amount of $164,159.66. 

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

Motion carries. 

None. 

EXECUTIVE SESSION 

ADJOURNMENT 

Alderperson Randle made a motion second by Alderperson Schneider to adjourn at 7:30 p.m. 

All members present voted aye. 

Motion carries. 

https://www.belleville.net/AgendaCenter/ViewFile/Minutes/_09032024-3321