Ordinance & Legal Review Committee

CITY OF BELLEVILLE ORDINANCE & LEGAL REVIEW COMMITTEE JULY 9, 2013 – 6:00 PM COUNCIL CHAMBERS Members Present: Alderman James Musgrove (Chairman), Alderman Melinda Hult, Alderman Ken Kinsella, Alderman Trent Galetti, Alderman Jim Davidson and Mayor Mark Eckert. It should be noted that we had a quorum of three members to start the meeting. Alderman Jim Davidson, the fourth member, came in several minutes late and Alderman Kin Kinsella, the fifth member, arrived about 20 minutes later. Guests Present: City Attorney Garrett Hoerner Mike Hagberg Chairman Musgrove called the meeting to order at 6:00 PM, To start the meeting the guests were allowed to present their comments to the committee. Each guest, before speaking was to give his name and address. Guest Comments: Mike Hagberg, 701 Centreville Ave., was the first guest speaker. His comment was about the wording of the sticker placed on unregistered vehicles stored in public view by the Belleville Police Department. He said that the wording on the sticker does not agree with the exact wording of the City Ordinance Section 26. Since this subject is not on the agenda for this July 9, 2013 committee meeting, motions for any changes to Ordinance Section 26 cannot be made. However, Mr. Hagberg asked that this subject be added to the August Ordinance Committee Agenda. Approval of Previous Meeting Minutes A motion was made by Alderman Melinda Hult to approve the Minutes of the June 17, 2013 Special Ordinance and Legal Review Committee Meeting. Seconded by Alderman Trent Galetti. All members present voted AYE, motion carried. Agenda Item A – Discussion on adding a change to the ANIMAL CONTROL Ordinance, Section 13-1-14, Micro-chipping dogs that have been impounded for running at large the second time. This change does not affect all dogs. Mayor Mark Eckert explained that this Ordinance change came from the Health and Housing Department to help with the problem of a lot of reports about dogs running loose in the City. This ordinance is patterned after other communities that have imposed this change to bring some order to this type situation. Alderman Jim Davidson asked what if the owner refuses to pay the $15.00 for the installation of the chip. Belleville does not have a place to store animals so the animal would be taken to the St. Clair County Animal Control. They will either adopt them out or whatever else they can do with the animal. Alderman Galetti asked if this action is planned to reduce the number of nuisance calls, will the County be able to accept this added work. The Page 1 Mayor replied that he was sure Director Robert Sabo had worked that part out before writing the ordinance. The city attorney Garrett Hoerner added that what is happening in other communities that have this ordinance, that it is used as a last alternative to sending the animal directly to impoundment. If that should happen you may not get the animal back or you may be prosecuted for ordinance violation. The purpose is to identify who owns the animal. Alderman Melinda Hult stated that she, as a pet owner, would resent this action because somebody left the gate open and her dog has gotten away several times. She said she thinks we are assigning “intent” to the owner that may not be there. Alderman Jim Davidson asked who can answer our questions? The Mayor answered Director Robert Sabo but he could not be here tonight. Then Alderman Davidson asked if we could table this subject. The Mayor answered yes we could. Chairman Musgrove asked for a motion. Alderman Davidson made the motion to TABLE this subject until the next meeting. Seconded by Alderman Trent Galetti. All members present voted Aye, motion passed. Agenda Item B – Discussion on creating an ordinance to replace Section 31-1-1 (H), that will prohibit anyone from riding or driving (either electric or combustion) motor driven vehicle on a Walking & Bike Trail. Mayor Eckert introduced the subject by explaining that it has been reported that some people have been riding or driving various motor driven vehicles on the walking and bike trails. Even though it has been posted not to drive or ride on the trails, both the Police and the Parks Department agree that this ordinance prepared by our City Attorney Garrett Hoerner will be more specific to keep motorized vehicles off of the walking and bike trails. City Attorney Garrett Hoerner stated that he included words to allow city maintenance vehicles, police vehicles and motorized wheelchairs to be driven on the walking and bike trails. Alderman Trent Galetti suggested we change motorized wheelchairs to something more general to cover all types of mob ile handicapped items. After some discussion the committee came up with the words “disability accessible equipment” to replace motorized wheelchairs. Attorney Hoerner agreed to make that change in the final ordinance. Chairman Musgrove asked for a motion to approve the ordinance with the changed wording. Alderman Jim Davidson made the motion to APPROVE the ordinance with the changed wording, seconded by Alderman Trent Galetti. All members present voted Aye, motion passed. Agenda Item C – Discussion on Ordinance 60-7-11 Outdoor Restaurants and Dining Establishments, concerning the serving of alcohol and placement of tables. As a result of the many changes brought on by the new downtown Streetscape some older sections of the Ordinance book concerning outdoor dining and serving of alcohol did not exactly describe how business activities had evolved. Recently some of the needed update changes were brought to the attention of the Mayor and the City Council. Mayor Eckert explained the reasons behind the need for some of these changes. He said that they had been thinking about updating these ordinances ever since the Streetscape was completed. The Mayor said that all the places that wanted to serve liquor outside had to apply for a Variance through the Zoning Board and that is where they were authorized to server alcohol outdoors. After they got the Variance any business that wanted to sell alcohol outdoors, had to, on a case by case basis, have their liquor license updated. At about the same time, the No Smoking laws came into effect and some Page 2 businesses found it was helpful to provide outdoor areas for smokers. Alderman Galetti asked the Mayor that after we put these new rules into effect will some of these businesses have to re-apply for their license. The answer is basically no because every so often they have to come in and update license information anyway. At this point the City Attorney Garrett Hoerner said with this new ordinance you are going to have an enforceable Zoning provision and what you are doing is regulating through the Liquor Code. The Mayor complimented the business owners in that we are getting very good cooperation and compliance with the rules. Further he said, the way things are, seems to be working, because sales tax has been up for the last few years. Alderman Kinsella said the rules say no advertising but he did see some on umbrellas. Personally, he does not see this as a big problem. Alderman Kinsella asked if we are just not enforcing that rule. Mayor Eckert answered that when some places have called asking to allow some advertising, he and his staff agreed to some charitable, short time, advertising. They did approve decorations for Christmas, however, they want to make sure things don’t start looking tacky. Alderman Melinda Hult asked if the places are keeping the sidewalk with a 5 foot wide clearance for pedestrians. Mayor Eckert answered that for the most part they are but a few have had to be told to watch and make sure the path is clear. Mayor Eckert said that, next year, we are definitely going to hire someone to go through the Ordinance Book and make sure the rules do not conflict with each other. Alderman Melinda Hult asked that if we approve these changes what will be the method of communicating with the business owners. He answered that what he plans to do is to host another meeting with liquor licensees and furnish them with copies of the changes. Alderman Kinsella brought up the subject of advertising on umbrellas again. He said in Section 60-7-11 (B) (3) it is not clear that the reference to signs or graphics does or does not apply to umbrellas. City Attorney Garrett Hoerner said we can add at the end of Section 60-7-11 (B) (3) the words “provided however that this provision shall not apply to table umbrellas containing graphics”. Chairman Musgrove asked if there were any more questions about the wording of this ordinance. None were heard so Chairman Musgrove asked for a motion to approve this ordinance with the change to the wording concerning signs and graphics not applying to table umbrellas. Alderman Ken Kinsella made the motion to APPROVE the ordinance with the wording change, seconded by Alderman Melinda Hult. All members present voted Aye, motion passed. Agenda Item D – Discussion of amending Chapter 3 (City Administration – City Attorney) concerning factors on selection of an attorney. After a brief discussion it was decided that no changes were needed to this ordinance at this time. Alderman Trent Galetti made a motion to TABLE INDEFINATELY any changes to this ordinance, seconded by Alderman Jim Davidson, all members present voted Aye, motion carried. Chairman Musgrove asked if there was any further business for this committee. Nothing was heard, so Chairman Musgrove asked for a motion to adjourn. Alderman Melinda Hult made the motion to adjourn, seconded by Alderman Trent Galetti, all members present voted Aye, motion carried. Meeting was adjourned Respectfully Submitted Alderman James Musgrove, Chairman Page 3