O'Fallon City Council approves condo size reduction for Highland Terrace
The O'Fallon City Council voted 5-3 Thursday to allow a change to the site plan to make the condos on the site smaller and more numerous.
Councilmen Pierce Conley, Ward 2, Jeff Yelich, Ward 3, and Dan Haney, Ward 3, voted against the measure."I don't think we'll be hearing the last of this item," Mayor Donna Morrow said.
Conley said prior to the meeting that he'd hoped to table the bill to allow the Planning and Zoning Commission to approve the changes during its next meeting.
Smails LLC/Highland Homes co-founder John Cavanagh said he did not wish to comment on the passage of the ordinance.
During the June 26 council meeting, when the bill first was introduced, Morrow told Cavanagh she would fight the approval of the site plan change if he did not agree to give people who bought units the opportunity for a refund on their deposits.
Morrow said the reduction in overall size to many of the condos should entitle buyers to re-evaluate their purchases.
Cavanagh reluctantly agreed to this during the June 26 meeting, though he said it was not company policy.
When asked again if he intended to refund the deposits of people who may be dissatisfied with the changes, Cavanagh said he didn't want to comment.
After Thursday's meeting, Morrow said she had not received a definitive commitment from Cavanagh on the refund issue.
Conley, a real estate agent, said he has a client who made a down payment on a condo in Highland Terrace.
Conley said Cavanagh has agreed to meet with his client to see if he still wants the property after the changes have been made.
Morrow said she received several complaints from residents who wanted their deposits refunded, including John Peckham and Realtor Ashley Radke, who is representing Peckham in his dealings with the company.
In March, Highland Homes had requested a tax abatement for the development. The city voted against a tax abatement, but did approve a Community Improvement District for the site.
