City of Fairview Heights FAJRVIEW CITY COUNCIL MEETING ...
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FAJRVIEW HEIGHTS Crossroad• of Prosperity City of Fairview Heights CITY COUNCIL MEETING AGENDA 10025 BUNKUM ROAD FAIRVIEW HEIGHTS, IL 62208 SEPTEMBER 7, 2021 7:00P.M. The City Council meeting will be held in the Recreation Room behind City Hall. Entrance is located through the door next to the Police Department rear parking lot. Public Participation (only) join at https://www.gotomeet.me/COFH/fairview-heights-city-council-meeting or dial in at 872-240-3212- Access Code: 800-727-189- Please mute your phone during the meeting. A. Call to Order B. Pledge of Allegiance C. Invocation D. Roll Call E. Public Participation J. UNFINISHED BUSINESS None K. NEW BUSINESS F. Consent Agenda: City Council Minutes: August 17, 2021 Finance Director's Report G. Committee Reports H. Communications from Mayor I. Communication from Elected Officials Proposed Ordinance No. 12-' 21 , an Ordinance amending Ordinance No . 190, "The Revised Code," Chapter 24, Motor Vehicles Code, Schedule B, Three Way Intersections. (Operations Committee) Proposed Ordinance No. 13-' 21 , an Ordinance granting an Area Bulk Variance to allow a carport to be 40' from the front yard setback at 68 Circle Drive, Fairview Heights, PIN #03-17.0- 302-009. (Community Committee) Proposed Ordinance No. 14-' 21 , an Ordinance granting an Area Bulk Variance to allow a privacy fence to be 6' high at 300 Roselawn Avenue, Fairview Heights, PIN #03-28.0-1 00-035. (Community Committee) Proposed Resolution No. 33-' 21 , a Resolution defining meeting and adopting rules for electronic attendance at meetings. (Community Committee)
Transcript of City of Fairview Heights FAJRVIEW CITY COUNCIL MEETING ...
City of Fairview Heights
7:00P.M.
The City Council meeting will be held in the Recreation Room behind City Hall. Entrance is located through the door next to the Police Department rear parking lot. Public Participation (only) join at https://www.gotomeet.me/COFH/fairview-heights-city-council-meeting or dial in at 872-240-3212- Access Code: 800-727-189- Please mute your phone during the meeting.
A. Call to Order
B. Pledge of Allegiance
K. NEW BUSINESS
F. Consent Agenda: City Council Minutes: August 17, 2021 Finance Director's Report
G. Committee Reports
I. Communication from Elected Officials
Proposed Ordinance No. 12-'21 , an Ordinance amending Ordinance No. 190, "The Revised Code," Chapter 24, Motor Vehicles Code, Schedule B, Three Way Intersections. (Operations Committee)
Proposed Ordinance No. 13-'21 , an Ordinance granting an Area Bulk Variance to allow a carport to be 40' from the front yard setback at 68 Circle Drive, Fairview Heights, PIN #03-17.0- 302-009. (Community Committee)
Proposed Ordinance No. 14-'21 , an Ordinance granting an Area Bulk Variance to allow a privacy fence to be 6' high at 300 Roselawn Avenue, Fairview Heights, PIN #03-28.0-1 00-035. (Community Committee)
Proposed Resolution No. 33-'21 , a Resolution defining meeting and adopting rules for electronic attendance at meetings. (Community Committee)
K. NEW BUSINESS -continued
Move to appoint Marcia Gehlhausen to the Zoning Board of Appeals, term to expire September 7, 2026.
Move to appoint the Director of Land Use and Development.
L. ADJOURNMENT
AUGUST 17,2021
The regular meeting of the Fairview Heights City Council was called to order at 7:00P.M. by Mayor Mark Kupsky in the Recreation Room, 10025 Bunkum Road, Fairview Heights, IL and also remotely due to the COVID19 Pandemic with the Pledge of Allegiance and Invocation by City Clerk Karen J. Kaufhold.
ROLL CALL
Roll call of Aldermen present: Brenda Wagner, Harry Zimmerman, Pat Peck, Ryan Vickers, Bill Poletti, Denise Williams and Frank Menn were present. Aldermen Joshua Frawley and Barbara Brumfield attended virtually. Alderman Anthony LeFlore was absent (excused). Mayor Mark Kupsky, City Clerk Karen Kaufhold, and City Attorney Andrew Hoerner were also present. City Attorney Garrett Hoerner joined remotely at 7:10P.M.
PUBLIC PARTICIPATION
Joyce Walton- had a question regarding the work being done on North Point and thanked the City for keeping up with residents maintaining their yards.
Towanda Lockhart - stated she was concerned if telecommunication poles would be placed in her yard. (Proposed Resolution No. 30-'21)
CONSENT AGENDA
Alderman Peck moved to approve the July 20, 2021 City Council minutes, the Finance Director's Report and the bills presented for payment in the amount of $1 ,242,882.89. Seconded by Alderman Wagner. Alderman Williams move to amend the July 20, 2021 City Council minutes, third page, first paragraph by changing "censorship" to censuring." Seconded by Alderman Poletti. Roll call on the amendment showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Motion passed on 9 yeas and 1 absent. Roll call on the minutes as amended, the Finance Director's Report and the bills and invoices showed Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Motion passed on 9 yeas and 1 absent.
COMMITTEE REPORTS
Mayor Kupsky announced the Community Committee meeting will be held August 18, 2021.
COMMUNICATIONS FROM THE MAYOR
Mayor stated the COVID numbers are rising and urged people to get vaccinated, wear your mask and continue social distancing; Mayor stated the Art Fair will be held on August 271h, 28th and 29th and will be a little smaller this year due to COVID; Mayor stated that schools are back in session and to please pay attention when driving; Mayor announced the Superintendent of Streets Dan Wolf will be retiring at the end of October after 36 years with the City; Mayor wished everyone Happy Labor Day; Mayor stated the Fishing Rodeo is scheduled for the weekend after Labor Day and may be cancelled due to staff shortage and COVID; Mayor announced Raising Canes and C.A. Jones have recently opened businesses in the City; Mayor stated that a number of McDonald's have new owners and are very well run.
COMMUNICATIONS FROM ELECTED OFFICIALS
Alderman Vickers asked John Harty about a pile of rock on North Point and other markings on the ground and also stated no sewer work is being done on North Point.
Alderman Menn stated there was a trail of trash on Bunkum Road to Route 50 yesterday.
Alderman Williams stated that as an Alderman for nine years and a longtime resident, she has never witnessed the lack of respect for residents, City staff, City Council, which Alderman Vickers has continually displayed. Alderman Williams stated Alderman Vickers talks over people, is confrontational, fails to attend meetings and is continually late; he comes to meetings unprepared, argues and has lack of respect for others and places the City at risk. He provided inaccurate information regarding an incident at Sky Zone. Alderman Williams stated that he has also harassed her and has numerous incident reports with the Police Department. Alderman Williams urged City Council support for the legislation she is bringing forward.
UNFINISHED BUSINESS
NEW BUSINESS
Proposed Resolution No. 27-'21, a Resolution authorizing the Mayor to enter into Mutual Aid Agreements with the City of O'Fallon, Village of Shiloh, City of Granite City, City of Collinsville, Village of Swansea, Village of Caseyville, City of Mascoutah and the City of Madison Police Departments to promote public safety and protect the general welfare of the citizens. Motion by Alderman Poletti. Seconded by Alderman Zimmerman. Roll call on Proposed Resolution No. 27-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 27-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 27 -'21 now becomes RESOLUTION NO. 4385-2021.
NEW BUSINESS - continued
Proposed Resolution No. 28-'21, a Resolution authorizing the City of Fairview Heights to relinquish ownership of a 2000 Lexus ES300, VIN #JT8BF288G1YS5093161 to Clinton Auto Auction, Inc. Motion by Alderman Peck. Seconded by Alderman Williams. Roll call on Proposed Resolution No. 28-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 28-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 28-'21 now becomes RESOLUTION NO. 4386-2021.
Proposed Resolution No. 29-'21, a Resolution authorizing the City of Fairview Heights Police Department to relinquish ownership of unclaimed property to the Violence Prevention Center of Southwestern Illinois. Motion by Alderman Williams. Seconded by Alderman Wagner. Roll call on Proposed Resolution No. 29-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 29-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 29-'21 now becomes RESOLUTION NO. 4387-2021.
Proposed Resolution No. 30-'21, a Resolution authorizing the Mayor to enter into a Telecommunications Rights-of-Way Access Agreement and Attachment Agreement with Everstream GLC Holding Company, LLC, for the installation of telecommunications equipment within, over or under City's Right-of-Way. Motion by Alderman Poletti. Seconded by Alderman Zimmerman. Roll call on Proposed Resolution No. 30-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 30-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 30-'21 now becomes RESOLUTION NO. 4388-2021.
Proposed Resolution No. 31-'21, a Resolution amending Resolution No. 4373-2021, passed June 15, 2021 and approved June 16, 2021, a Resolution authorizing the Mayor to enter into a 2021 Traffic Signal Master Agreement with lOOT by amending the Intergovernmental Agreement. Motion by Alderman Williams. Seconded by Alderman Poletti. Roll call on Proposed Resolution No. 31-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 31-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 31-'21 now becomes RESOLUTION NO. 4389-2021.
Proposed Resolution No. 32-'21, a Resolution censuring Alderman Ryan Vickers. Motion by Alderman Williams. Seconded by Alderman Wagner. Alderman Vickers requested the definition of censure. City Attorney Garrett and Andrew Hoerner responded. Commentary was made by Aldermen Vickers. Alderman Peck stated that at one time, she did have great faith in Alderman Vickers but no longer. She stated that he shows no respect for himself or others. Alderman Peck asked him to treat people with respect and learn from being censured tonight.
NEW BUSINESS - continued Proposed Resolution No. 32-'21
Roll call on Proposed Resolution No. 32-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 32-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 32-'21 now becomes RESOLUTION NO. 4390-2021.
Alderman Wagner moved to appoint Marcia Gehlhausen to the Zoning Board of Appeals, term to expire August 17, 2026. Seconded by Alderman Poletti. Alderman Poletti moved to review term date and place the appointment on the next City Council meeting agenda. Seconded by Alderman Wagner.
Alderman Poletti moved to appoint Pat Peck to the Police Pension Fund to fill the unexpired term of Don Feher, term to expire May 1, 2022. Seconded by Alderman Williams. Roll call on the motion showed Aldermen Wagner, Zimmerman, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman Peck abstained. Alderman LeFlore was absent. Motion passed on 8 yeas, 1 abstain and 1 absent.
Alderman Peck moved to approve a 1.5 percent cost of living increase for Non-Contract employees for the Fiscal Year 2021-2022. Seconded by Alderman Poletti. Roll call on the motion showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn and Brumfield voting "Yea." Alderman Frawley abstained. Alderman LeFlore was absent. Motion passed on 8 yeas, 1 abstain and 1 absent.
Alderman Poletti moved to adjourn. Seconded by Alderman Peck. Motion carried.
Meeting adjourned at 8:00P.M.
Memo
To:
From:
CC:
Date:
City Clerk & Directors
September 2, 2021
The auditors from Scheffel Boyle are still on site at the City. Select Alderman will be receiving a fraud inquiry letter from them within the next few weeks. The auditors make the selection of which elected officials are sent the letter. As in prior years, if you have any questions when you receive the letter, please feel free to reach out to me.
Revenues
The Finance Department continues to monitor our monthly revenues closely. The impact of Covid reflects in several areas of the City's revenue sources, we are currently analyzing each business to identify the shortfall. We should have a better understanding of where we stand prior to six-month budget review.
PROPOSED ORDINANCE NO. 12-'21
AN ORDINANCE AMENDING ORDINANCE NO. 190, "THE REVISED CODE," CHAPTER 24, MOTOR VEHICLE CODE, SCHEDULE B, THREE WAY INTERSECTIONS.
WHEREAS, it has been determined to be in the best interest of the motoring
public in the City of Fairview Heights and for the safety, welfare and protection of the
residents of the City of Fairview Heights to amend Ordinance No. 190, "THE REVISED
CODE," CHAPTER 24, MOTOR VEHCILE CODE, THREE WAY INTERSECTIONS. ,,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
REVISED CODE," CHAPTER 24, MOTOR VEHICLE CODE, SCHEDULE B, THREE
WAY INTERSECTIONS by deleting as follows
"THREE WAY INTERSECTIONS
BON IT A BOULEVARD (BOTH) AT STITES AVENUE (West Bound)"
SECTION 2. PASSAGE. This Ordinance shall be in full force and effect from
and after its passage, approval and publication as provided by law.
READ FIRST TIME:
READ SECOND TIME:
PROPOSED ORDINANCE NO. 13-'21
AN ORDINANCE GRANTING AN AREA BULK VARIANCE TO ALLOW A CARPORT TO BE 40' FROM THE FRONT YARD SETBACK AT 68 CIRCLE DRIVE, FAIRVIEW HEIGHTS, PIN #03-17.0-302-009.
WHEREAS, the Zoning Board of Appeals on August 5, 2021 held the necessary Public Hearing and reviewed the requested Area Bulk Variance for 68 Circle Drive, Fairview Heights.
WHEREAS, the Community Committee reviewed the recommendation of the Zoning Board of Appeals on August 18, 2021 and has transmitted the Findings of Fact to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
SECTION 1. APPROVAL. The Area/Bulk Variance requested for Section 14- 3.8.1 (E) pertaining to front yard setbacks was recommended for approval by the Zoning Board of Appeals.
SECTION 2. ADVISORY. The Findings of Fact and conditions of this variance from the Zoning Board of Appeals is attached hereto, made a part hereof and marked "EXHIBIT A"
SECTION 3. PASSAGE. This Ordinance shall be in full force and effect from and
after its passage and approval as provided by law.
READ FIRST TIME:
READ SECOND TIME:
"EXHIBIT A"
FINDINGS
ZBA-03-21
Board member Peterson moves to recommend approval of ZBA-03-21, an Area Bulk Variance to allow a variance from Section 14-3.8.1 (E) to allow a carport to be 40' from the front yard setback rather than the 60' required. The property is addressed as 68 Circle Drive, St. Clair County PIN 03170302009.
Area Bulk Variance
1. The request will not be injurious or detrimental to the public health, safety and welfare.
2. The applicant is requesting a variance due to topography of the parcel. 3. Strict application of the Code would deprive the applicant of reasonable
use of the property. 4. The request will not alter the essential character of the area.
PROPOSED ORDINANCE N0.14-'21
AN ORDINANCE GRANTING AN AREA BULK VARIANCE TO ALLOW A PRIVACY FENCE TO BE 6' HIGH AT 300 ROSELAWN AVENUE, FAIRVIEW HEIGHTS, PIN #03-28.0-100-035.
WHEREAS, the Zoning Board of Appeals on August 5, 2021 held the necessary Public Hearing and reviewed the requested Area Bulk Variance for 300 Roselawn Avenue, Fairview Heights.
WHEREAS, the Community Committee reviewed the recommendation of the Zoning Board of Appeals on August 18, 2021 and has transmitted the Findings of Fact to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
SECTION 1. APPROVAL The Area/Bulk Variance requested for Section 14-4- 4(F) pertaining to height of a privacy fence was recommended for approval by the Zoning Board of Appeals.
SECTION 2. ADVISORY. The Findings of Fact and conditions of this variance from the Zoning Board of Appeals is attached hereto, made a part hereof and marked "EXHIBIT A."
SECTION 3. PASSAGE. This Ordinance shall be in full force and effect from and
after its passage and approval as provided by Jaw.
READ FIRST TIME:
READ SECOND TIME:
"EXHIBIT A"
FINDINGS ZBA-04-21
Board member Peterson moves to recommend approval of ZBA-04-21, an Area Bulk Variance to allow a variance from Section 14-4-4(F) for a privacy fence to be maintained at 6' height, constituting a 2' variance from the 4' height limitation, since the fence is required for safety and protection from hazard or nuisance. The property is addressed as 300 Roselawn Avenue, St. Clair County PIN 03280100035.
Area Bulk Variance
1. The request will not be injurious or detrimental to the public health, safety and welfare.
2. The applicant contends that the fence is required for safety and protection from hazard or nuisance.
3. Strict application of the Code would deprive the applicant of reasonable use of the property.
4. The request will not alter the essential character of the area.
PROPOSED RESOLUTION NO. 33-'21
A RESOLUTION DEFINING MEETING AND ADOPTING RULES FOR ELECTRONIC ATTENDANCE AT MEETINGS.
THE CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, ILLINOIS ("CITY"), IS A DULY ORGANIZED AND EXISTING MUNICIPALITY CREATED UNDER THE PROVISIONS OF THE LAWS OF THE STATE OF ILLINOIS; NOW OPERATING UNDER THE PROVISIONS OF THE ILLINOIS MUNICIPAL CODE, AS SUPPLEMENTED AND AMENDED, AND AS A HOME RULE MUNICIPALITY PURSUANT TO ARTICLE VII OF THE ILLINOIS CONSTITUTION OF 1970; AND IN THE EXERCISE OF ITS HOME RULE POWERS.
WHEREAS, Section 7(a) of the Illinois Open Meeting Act provides that, "[i]f a quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. "Other means" is by video or audio conference." 5 ILCS 120/7(a).
WHEREAS, Section 7(b) of the Illinois Open Meetings Act provides that, "[i]f a member wishes to attend a meeting by other means, the member must notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical." 5 ILCS 120/7(b).
WHEREAS, Section 7(c) of the Illinois Open Meetings Act provides that "[a] majority of the public body may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body". 5 ILCS 120/7(c).
WHEREAS, this City Council finds that it is in the public interest to adopt rules allowing its members to attend, participate and vote at open and closed meetings through the use of telephonic conference or other electronic means (e.g., video or audio conference), in accordance with Section 7 of the Illinois Open Meetings Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS, AS FOLLOWS:
SECTION 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Resolution.
SECTION 2. Electronic Attendance at Meetings Rules. The City Council hereby adopts the Rules for Electronic Attendance at Meetings, attached hereto, that permits a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means.
SECTION 3. Effective Date. This Resolution shall be in full force and effect from and after its passage and approval as provided by law.
SECTION 4. Severability. In the event that any section, clause, provision, or part of this Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect.
PASSED:
APPROVED:
ATTEST:
CITY OF FAIRVIEW HEIGHTS ILLINOIS
RULES FOR ELECTRONIC ATTENDANCE AT MEETINGS
Section 1. Rules Statement. It is the decision of the City of Fairview Heights, Illinois that any member of the City Council may attend any open or closed meeting of the City Council via electronic means (such as by telephone, video or internet connection) provided that such attendance is in compliance with these rules and any applicable laws.
Section 2. Prerequisites. A member of the City Council may attend a meeting electronically if the member meets the following conditions:
(a) The member should notify the Clerk at least twenty-four hours before the meeting, unless impractical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for remote attendance.
(b) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting,
(1) The member cannot attend because of personal illness or disability; or
(2) The member cannot attend because of employment purposes or the business of the City of Fairview Heights, Illinois; or
(3) The member cannot attend because of a family or other emergency.
Section 3. Authorization to Participate.
(a) The Clerk, after receiving the electronic attendance request, shall inform the City Council of the request for electronic attendance.
(b) After establishing that there is a quorum is physically present at a meeting where a member of the City Council desires to attend electronically, the Mayor or other presiding officer shall state that (i) a notice was received by a member of the City Council in accordance with these Rules, and (ii) the member will be deemed authorized to attend the meeting electronically unless a motion objecting to the member's electronic attendance is made, seconded, and approved by two-thirds of the members of the City Council physically present at the meeting. If no such motion is made and seconded or if any such
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motion fails to achieve the required vote by the members of the City Council physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the City Council and the presiding officer shall declare the requesting member present. After such declaration by the presiding officer, the question of a member's electronic attendance may not be reconsidered.
Section 4. Adequate Equipment Required. The member participating electronically and other members of the City Council must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the City Council shall provide equipment adequate to accomplish this objective at the meeting site.
Section 5. Minutes. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting if the member is allowed to attend. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means.
Section 6. Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning.
Section 7. Committees, Boards and Commissions. These rules shall apply to all committees, boards and commissions established by authority of the City Council.
These rules are effective this ___ day of September, 2021
ATTEST:
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7:00P.M.
The City Council meeting will be held in the Recreation Room behind City Hall. Entrance is located through the door next to the Police Department rear parking lot. Public Participation (only) join at https://www.gotomeet.me/COFH/fairview-heights-city-council-meeting or dial in at 872-240-3212- Access Code: 800-727-189- Please mute your phone during the meeting.
A. Call to Order
B. Pledge of Allegiance
K. NEW BUSINESS
F. Consent Agenda: City Council Minutes: August 17, 2021 Finance Director's Report
G. Committee Reports
I. Communication from Elected Officials
Proposed Ordinance No. 12-'21 , an Ordinance amending Ordinance No. 190, "The Revised Code," Chapter 24, Motor Vehicles Code, Schedule B, Three Way Intersections. (Operations Committee)
Proposed Ordinance No. 13-'21 , an Ordinance granting an Area Bulk Variance to allow a carport to be 40' from the front yard setback at 68 Circle Drive, Fairview Heights, PIN #03-17.0- 302-009. (Community Committee)
Proposed Ordinance No. 14-'21 , an Ordinance granting an Area Bulk Variance to allow a privacy fence to be 6' high at 300 Roselawn Avenue, Fairview Heights, PIN #03-28.0-1 00-035. (Community Committee)
Proposed Resolution No. 33-'21 , a Resolution defining meeting and adopting rules for electronic attendance at meetings. (Community Committee)
K. NEW BUSINESS -continued
Move to appoint Marcia Gehlhausen to the Zoning Board of Appeals, term to expire September 7, 2026.
Move to appoint the Director of Land Use and Development.
L. ADJOURNMENT
AUGUST 17,2021
The regular meeting of the Fairview Heights City Council was called to order at 7:00P.M. by Mayor Mark Kupsky in the Recreation Room, 10025 Bunkum Road, Fairview Heights, IL and also remotely due to the COVID19 Pandemic with the Pledge of Allegiance and Invocation by City Clerk Karen J. Kaufhold.
ROLL CALL
Roll call of Aldermen present: Brenda Wagner, Harry Zimmerman, Pat Peck, Ryan Vickers, Bill Poletti, Denise Williams and Frank Menn were present. Aldermen Joshua Frawley and Barbara Brumfield attended virtually. Alderman Anthony LeFlore was absent (excused). Mayor Mark Kupsky, City Clerk Karen Kaufhold, and City Attorney Andrew Hoerner were also present. City Attorney Garrett Hoerner joined remotely at 7:10P.M.
PUBLIC PARTICIPATION
Joyce Walton- had a question regarding the work being done on North Point and thanked the City for keeping up with residents maintaining their yards.
Towanda Lockhart - stated she was concerned if telecommunication poles would be placed in her yard. (Proposed Resolution No. 30-'21)
CONSENT AGENDA
Alderman Peck moved to approve the July 20, 2021 City Council minutes, the Finance Director's Report and the bills presented for payment in the amount of $1 ,242,882.89. Seconded by Alderman Wagner. Alderman Williams move to amend the July 20, 2021 City Council minutes, third page, first paragraph by changing "censorship" to censuring." Seconded by Alderman Poletti. Roll call on the amendment showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Motion passed on 9 yeas and 1 absent. Roll call on the minutes as amended, the Finance Director's Report and the bills and invoices showed Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Motion passed on 9 yeas and 1 absent.
COMMITTEE REPORTS
Mayor Kupsky announced the Community Committee meeting will be held August 18, 2021.
COMMUNICATIONS FROM THE MAYOR
Mayor stated the COVID numbers are rising and urged people to get vaccinated, wear your mask and continue social distancing; Mayor stated the Art Fair will be held on August 271h, 28th and 29th and will be a little smaller this year due to COVID; Mayor stated that schools are back in session and to please pay attention when driving; Mayor announced the Superintendent of Streets Dan Wolf will be retiring at the end of October after 36 years with the City; Mayor wished everyone Happy Labor Day; Mayor stated the Fishing Rodeo is scheduled for the weekend after Labor Day and may be cancelled due to staff shortage and COVID; Mayor announced Raising Canes and C.A. Jones have recently opened businesses in the City; Mayor stated that a number of McDonald's have new owners and are very well run.
COMMUNICATIONS FROM ELECTED OFFICIALS
Alderman Vickers asked John Harty about a pile of rock on North Point and other markings on the ground and also stated no sewer work is being done on North Point.
Alderman Menn stated there was a trail of trash on Bunkum Road to Route 50 yesterday.
Alderman Williams stated that as an Alderman for nine years and a longtime resident, she has never witnessed the lack of respect for residents, City staff, City Council, which Alderman Vickers has continually displayed. Alderman Williams stated Alderman Vickers talks over people, is confrontational, fails to attend meetings and is continually late; he comes to meetings unprepared, argues and has lack of respect for others and places the City at risk. He provided inaccurate information regarding an incident at Sky Zone. Alderman Williams stated that he has also harassed her and has numerous incident reports with the Police Department. Alderman Williams urged City Council support for the legislation she is bringing forward.
UNFINISHED BUSINESS
NEW BUSINESS
Proposed Resolution No. 27-'21, a Resolution authorizing the Mayor to enter into Mutual Aid Agreements with the City of O'Fallon, Village of Shiloh, City of Granite City, City of Collinsville, Village of Swansea, Village of Caseyville, City of Mascoutah and the City of Madison Police Departments to promote public safety and protect the general welfare of the citizens. Motion by Alderman Poletti. Seconded by Alderman Zimmerman. Roll call on Proposed Resolution No. 27-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 27-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 27 -'21 now becomes RESOLUTION NO. 4385-2021.
NEW BUSINESS - continued
Proposed Resolution No. 28-'21, a Resolution authorizing the City of Fairview Heights to relinquish ownership of a 2000 Lexus ES300, VIN #JT8BF288G1YS5093161 to Clinton Auto Auction, Inc. Motion by Alderman Peck. Seconded by Alderman Williams. Roll call on Proposed Resolution No. 28-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 28-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 28-'21 now becomes RESOLUTION NO. 4386-2021.
Proposed Resolution No. 29-'21, a Resolution authorizing the City of Fairview Heights Police Department to relinquish ownership of unclaimed property to the Violence Prevention Center of Southwestern Illinois. Motion by Alderman Williams. Seconded by Alderman Wagner. Roll call on Proposed Resolution No. 29-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 29-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 29-'21 now becomes RESOLUTION NO. 4387-2021.
Proposed Resolution No. 30-'21, a Resolution authorizing the Mayor to enter into a Telecommunications Rights-of-Way Access Agreement and Attachment Agreement with Everstream GLC Holding Company, LLC, for the installation of telecommunications equipment within, over or under City's Right-of-Way. Motion by Alderman Poletti. Seconded by Alderman Zimmerman. Roll call on Proposed Resolution No. 30-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 30-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 30-'21 now becomes RESOLUTION NO. 4388-2021.
Proposed Resolution No. 31-'21, a Resolution amending Resolution No. 4373-2021, passed June 15, 2021 and approved June 16, 2021, a Resolution authorizing the Mayor to enter into a 2021 Traffic Signal Master Agreement with lOOT by amending the Intergovernmental Agreement. Motion by Alderman Williams. Seconded by Alderman Poletti. Roll call on Proposed Resolution No. 31-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 31-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 31-'21 now becomes RESOLUTION NO. 4389-2021.
Proposed Resolution No. 32-'21, a Resolution censuring Alderman Ryan Vickers. Motion by Alderman Williams. Seconded by Alderman Wagner. Alderman Vickers requested the definition of censure. City Attorney Garrett and Andrew Hoerner responded. Commentary was made by Aldermen Vickers. Alderman Peck stated that at one time, she did have great faith in Alderman Vickers but no longer. She stated that he shows no respect for himself or others. Alderman Peck asked him to treat people with respect and learn from being censured tonight.
NEW BUSINESS - continued Proposed Resolution No. 32-'21
Roll call on Proposed Resolution No. 32-'21 showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman LeFlore was absent. Proposed Resolution No. 32-'21 passed on 9 yeas and 1 absent. Proposed Resolution No. 32-'21 now becomes RESOLUTION NO. 4390-2021.
Alderman Wagner moved to appoint Marcia Gehlhausen to the Zoning Board of Appeals, term to expire August 17, 2026. Seconded by Alderman Poletti. Alderman Poletti moved to review term date and place the appointment on the next City Council meeting agenda. Seconded by Alderman Wagner.
Alderman Poletti moved to appoint Pat Peck to the Police Pension Fund to fill the unexpired term of Don Feher, term to expire May 1, 2022. Seconded by Alderman Williams. Roll call on the motion showed Aldermen Wagner, Zimmerman, Vickers, Poletti, Williams, Menn, Frawley and Brumfield voting "Yea." Alderman Peck abstained. Alderman LeFlore was absent. Motion passed on 8 yeas, 1 abstain and 1 absent.
Alderman Peck moved to approve a 1.5 percent cost of living increase for Non-Contract employees for the Fiscal Year 2021-2022. Seconded by Alderman Poletti. Roll call on the motion showed Aldermen Wagner, Zimmerman, Peck, Vickers, Poletti, Williams, Menn and Brumfield voting "Yea." Alderman Frawley abstained. Alderman LeFlore was absent. Motion passed on 8 yeas, 1 abstain and 1 absent.
Alderman Poletti moved to adjourn. Seconded by Alderman Peck. Motion carried.
Meeting adjourned at 8:00P.M.
Memo
To:
From:
CC:
Date:
City Clerk & Directors
September 2, 2021
The auditors from Scheffel Boyle are still on site at the City. Select Alderman will be receiving a fraud inquiry letter from them within the next few weeks. The auditors make the selection of which elected officials are sent the letter. As in prior years, if you have any questions when you receive the letter, please feel free to reach out to me.
Revenues
The Finance Department continues to monitor our monthly revenues closely. The impact of Covid reflects in several areas of the City's revenue sources, we are currently analyzing each business to identify the shortfall. We should have a better understanding of where we stand prior to six-month budget review.
PROPOSED ORDINANCE NO. 12-'21
AN ORDINANCE AMENDING ORDINANCE NO. 190, "THE REVISED CODE," CHAPTER 24, MOTOR VEHICLE CODE, SCHEDULE B, THREE WAY INTERSECTIONS.
WHEREAS, it has been determined to be in the best interest of the motoring
public in the City of Fairview Heights and for the safety, welfare and protection of the
residents of the City of Fairview Heights to amend Ordinance No. 190, "THE REVISED
CODE," CHAPTER 24, MOTOR VEHCILE CODE, THREE WAY INTERSECTIONS. ,,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
REVISED CODE," CHAPTER 24, MOTOR VEHICLE CODE, SCHEDULE B, THREE
WAY INTERSECTIONS by deleting as follows
"THREE WAY INTERSECTIONS
BON IT A BOULEVARD (BOTH) AT STITES AVENUE (West Bound)"
SECTION 2. PASSAGE. This Ordinance shall be in full force and effect from
and after its passage, approval and publication as provided by law.
READ FIRST TIME:
READ SECOND TIME:
PROPOSED ORDINANCE NO. 13-'21
AN ORDINANCE GRANTING AN AREA BULK VARIANCE TO ALLOW A CARPORT TO BE 40' FROM THE FRONT YARD SETBACK AT 68 CIRCLE DRIVE, FAIRVIEW HEIGHTS, PIN #03-17.0-302-009.
WHEREAS, the Zoning Board of Appeals on August 5, 2021 held the necessary Public Hearing and reviewed the requested Area Bulk Variance for 68 Circle Drive, Fairview Heights.
WHEREAS, the Community Committee reviewed the recommendation of the Zoning Board of Appeals on August 18, 2021 and has transmitted the Findings of Fact to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
SECTION 1. APPROVAL. The Area/Bulk Variance requested for Section 14- 3.8.1 (E) pertaining to front yard setbacks was recommended for approval by the Zoning Board of Appeals.
SECTION 2. ADVISORY. The Findings of Fact and conditions of this variance from the Zoning Board of Appeals is attached hereto, made a part hereof and marked "EXHIBIT A"
SECTION 3. PASSAGE. This Ordinance shall be in full force and effect from and
after its passage and approval as provided by law.
READ FIRST TIME:
READ SECOND TIME:
"EXHIBIT A"
FINDINGS
ZBA-03-21
Board member Peterson moves to recommend approval of ZBA-03-21, an Area Bulk Variance to allow a variance from Section 14-3.8.1 (E) to allow a carport to be 40' from the front yard setback rather than the 60' required. The property is addressed as 68 Circle Drive, St. Clair County PIN 03170302009.
Area Bulk Variance
1. The request will not be injurious or detrimental to the public health, safety and welfare.
2. The applicant is requesting a variance due to topography of the parcel. 3. Strict application of the Code would deprive the applicant of reasonable
use of the property. 4. The request will not alter the essential character of the area.
PROPOSED ORDINANCE N0.14-'21
AN ORDINANCE GRANTING AN AREA BULK VARIANCE TO ALLOW A PRIVACY FENCE TO BE 6' HIGH AT 300 ROSELAWN AVENUE, FAIRVIEW HEIGHTS, PIN #03-28.0-100-035.
WHEREAS, the Zoning Board of Appeals on August 5, 2021 held the necessary Public Hearing and reviewed the requested Area Bulk Variance for 300 Roselawn Avenue, Fairview Heights.
WHEREAS, the Community Committee reviewed the recommendation of the Zoning Board of Appeals on August 18, 2021 and has transmitted the Findings of Fact to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS:
SECTION 1. APPROVAL The Area/Bulk Variance requested for Section 14-4- 4(F) pertaining to height of a privacy fence was recommended for approval by the Zoning Board of Appeals.
SECTION 2. ADVISORY. The Findings of Fact and conditions of this variance from the Zoning Board of Appeals is attached hereto, made a part hereof and marked "EXHIBIT A."
SECTION 3. PASSAGE. This Ordinance shall be in full force and effect from and
after its passage and approval as provided by Jaw.
READ FIRST TIME:
READ SECOND TIME:
"EXHIBIT A"
FINDINGS ZBA-04-21
Board member Peterson moves to recommend approval of ZBA-04-21, an Area Bulk Variance to allow a variance from Section 14-4-4(F) for a privacy fence to be maintained at 6' height, constituting a 2' variance from the 4' height limitation, since the fence is required for safety and protection from hazard or nuisance. The property is addressed as 300 Roselawn Avenue, St. Clair County PIN 03280100035.
Area Bulk Variance
1. The request will not be injurious or detrimental to the public health, safety and welfare.
2. The applicant contends that the fence is required for safety and protection from hazard or nuisance.
3. Strict application of the Code would deprive the applicant of reasonable use of the property.
4. The request will not alter the essential character of the area.
PROPOSED RESOLUTION NO. 33-'21
A RESOLUTION DEFINING MEETING AND ADOPTING RULES FOR ELECTRONIC ATTENDANCE AT MEETINGS.
THE CITY OF FAIRVIEW HEIGHTS, ST. CLAIR COUNTY, ILLINOIS ("CITY"), IS A DULY ORGANIZED AND EXISTING MUNICIPALITY CREATED UNDER THE PROVISIONS OF THE LAWS OF THE STATE OF ILLINOIS; NOW OPERATING UNDER THE PROVISIONS OF THE ILLINOIS MUNICIPAL CODE, AS SUPPLEMENTED AND AMENDED, AND AS A HOME RULE MUNICIPALITY PURSUANT TO ARTICLE VII OF THE ILLINOIS CONSTITUTION OF 1970; AND IN THE EXERCISE OF ITS HOME RULE POWERS.
WHEREAS, Section 7(a) of the Illinois Open Meeting Act provides that, "[i]f a quorum of the members of the public body is physically present as required by Section 2.01, a majority of the public body may allow a member of that body to attend the meeting by other means if the member is prevented from physically attending because of: (i) personal illness or disability; (ii) employment purposes or the business of the public body; or (iii) a family or other emergency. "Other means" is by video or audio conference." 5 ILCS 120/7(a).
WHEREAS, Section 7(b) of the Illinois Open Meetings Act provides that, "[i]f a member wishes to attend a meeting by other means, the member must notify the recording secretary or clerk of the public body before the meeting unless advance notice is impractical." 5 ILCS 120/7(b).
WHEREAS, Section 7(c) of the Illinois Open Meetings Act provides that "[a] majority of the public body may allow a member to attend a meeting by other means only in accordance with and to the extent allowed by rules adopted by the public body". 5 ILCS 120/7(c).
WHEREAS, this City Council finds that it is in the public interest to adopt rules allowing its members to attend, participate and vote at open and closed meetings through the use of telephonic conference or other electronic means (e.g., video or audio conference), in accordance with Section 7 of the Illinois Open Meetings Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FAIRVIEW HEIGHTS, ILLINOIS, AS FOLLOWS:
SECTION 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Resolution.
SECTION 2. Electronic Attendance at Meetings Rules. The City Council hereby adopts the Rules for Electronic Attendance at Meetings, attached hereto, that permits a member of the public body to attend any meeting of a public body as defined in the Open Meetings Act via electronic means.
SECTION 3. Effective Date. This Resolution shall be in full force and effect from and after its passage and approval as provided by law.
SECTION 4. Severability. In the event that any section, clause, provision, or part of this Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect.
PASSED:
APPROVED:
ATTEST:
CITY OF FAIRVIEW HEIGHTS ILLINOIS
RULES FOR ELECTRONIC ATTENDANCE AT MEETINGS
Section 1. Rules Statement. It is the decision of the City of Fairview Heights, Illinois that any member of the City Council may attend any open or closed meeting of the City Council via electronic means (such as by telephone, video or internet connection) provided that such attendance is in compliance with these rules and any applicable laws.
Section 2. Prerequisites. A member of the City Council may attend a meeting electronically if the member meets the following conditions:
(a) The member should notify the Clerk at least twenty-four hours before the meeting, unless impractical, so that necessary communications equipment can be arranged. Inability to make the necessary technical arrangements will result in denial of a request for remote attendance.
(b) The member must assert one of the following three reasons why he or she is unable to physically attend the meeting,
(1) The member cannot attend because of personal illness or disability; or
(2) The member cannot attend because of employment purposes or the business of the City of Fairview Heights, Illinois; or
(3) The member cannot attend because of a family or other emergency.
Section 3. Authorization to Participate.
(a) The Clerk, after receiving the electronic attendance request, shall inform the City Council of the request for electronic attendance.
(b) After establishing that there is a quorum is physically present at a meeting where a member of the City Council desires to attend electronically, the Mayor or other presiding officer shall state that (i) a notice was received by a member of the City Council in accordance with these Rules, and (ii) the member will be deemed authorized to attend the meeting electronically unless a motion objecting to the member's electronic attendance is made, seconded, and approved by two-thirds of the members of the City Council physically present at the meeting. If no such motion is made and seconded or if any such
Page 1 of 3
motion fails to achieve the required vote by the members of the City Council physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the City Council and the presiding officer shall declare the requesting member present. After such declaration by the presiding officer, the question of a member's electronic attendance may not be reconsidered.
Section 4. Adequate Equipment Required. The member participating electronically and other members of the City Council must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the City Council shall provide equipment adequate to accomplish this objective at the meeting site.
Section 5. Minutes. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting if the member is allowed to attend. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means.
Section 6. Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the Clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning.
Section 7. Committees, Boards and Commissions. These rules shall apply to all committees, boards and commissions established by authority of the City Council.
These rules are effective this ___ day of September, 2021
ATTEST:
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