Ordinance & Legal Review Committee

APPROVED MINUTES CITY OF BELLEVILLE ORDINANCE & LEGAL REVIEW COMMITTEE SPECIAL MEETING MONDAY DECEMBER 16, 2013 5:00 PM COUNCIL CHAMBERS Chairmen to Announce Evacuation Procedure It was explained to all present that in the event of a fire or other emergency all present are to calmly leave the room and gather in the Southwest Quadrant of the Public Square in front of the St. Clair County Courthouse and wait for the all clear message. In the case of a Tornado or other disastrous condition all present should head directly to the basement of this building using the steps in the hall or garage entrance. Members Present: Alderman James Musgrove Alderman Melinda Hult Alderman Ken Kinsella Alderman Trent Galetti Alderman Jim Davidson Mayor Mark Eckert Guests Present: Michael Hagberg Garrett Hoerner, City Attorney Eric Schauter, Economic Development Grants Coordinator Emily Fultz, Director Economic Development, Planning and Zoning Jacqueline Lee (News Democrat) Chairman Musgrove called the meeting to order at 5:00 PM. To start the meeting the guests were allowed to present their comments to the committee. Each person was to state their name and address. Guest Michael Hagberg, when asked, declined to offer a comment. Approval of Previous Minutes Chairman Musgrove asked for a motion to approve the Minutes of the Ordinance and Legal Review Committee Meeting for 13 November 2013. Alderman Jim Davidson said there were two typing errors in the minutes. He said on page 4, in the second paragraph, on the fifth line down, the sixth word over was incomplete and the next word should be plural. It read “commit member” and should be “committee members”. The second typing error was in the third paragraph down, in the first line, the third word over should be “up” instead of “on”. Alderman Ken Kinsella made a motion to approve the minutes with those two corrections. Motion was seconded by Alderman Melinda Hult, all members present voted Aye. Minutes were approved. Page 1 of 3  APPROVED Action Item (A) – Consideration of Ordinance concerning automatic extension of enterprise zone. Eric Schauster, Economic Development Grants Coordinator explained to the committee that our enterprise zone was set to expire on December 31, 2015. The state has revised the statute so that any enterprise zone that was going to expire before 2016 is automatically extended to July 1. 2016. This change is to make our ordinance coincide with the statute. Alderman Ken Kinsella made a motion to approve this ordinance to be sent on to the City Council for approval. Motion Seconded by Alderman Trent Galetti. Chairman Musgrove called for a Roll Call Vote as follows: Alderman Melinda Hult, Aye, Alderman Ken Kinsella, Aye, Alderman Trent Galetti, Aye, Alderman Jim Davidson, Aye, Mayor Mark Eckert, Aye, Alderman James Musgrove, Aye. Motion passed. Action Item (B) – Consideration of Ordinance concerning termination of sales tax TIF City Attorney Garrett Hoerner explained that the State Law requires that the sales tax TIF is going out, effective at the end of 2013. So this ordinance authorizes the winding up of the affairs of this sales tax TIF. Alderman Ken Kinsella made the motion to approve this ordinance to be sent on the City Council for approval. Motion seconded by Alderman Melinda Hult. Chairman Musgrove called for a Roll Call Vote as follows: Alderman Melinda Hult, Aye, Alderman Ken Kinsella, Aye, Alderman Trent Galetti, Aye, Alderman Jim Davidson, Aye, Mayor Mark Eckert, Aye, Alderman James Musgrove, Aye. Motion passed. Action Item (C) – Consideration of Resolution authorizing intervention in appeals before the Illinois Property Tax Appeals Board. The City Attorney, Garrett Hoerner, said the Clerk notified him that several people have filed appeals seeking equalized assessed valuation adjustments that exceed $100,000.00. He then explained that he recommends Belleville have a resolution prepared allowing him to intervene to ensure the cities taxing rights are protected. In order to intervene on behalf of the city, the Property Tax Appeals Board requires a Resolution from the governing body of that taxing district. This is something he is already doing for other taxing bodies that overlap. Alderman Melinda Hult asked Attorney Hoerner if he could give the committee a guess on how many property tax bills are appealed within the city limits. Mayor Eckert answered there have been dozens within the city and Attorney Hoerner said in the year when they started the quadrennial re -assessments there were thousands in the county. Alderman Hult then asked of those, what percentage were satisfied in the county and did not go any further. Attorney Hoerner answered, the majority, about 95 percent, because you only get notice if the reduction sought exceeds $100,000.00, These are going to get the most attention because they are mostly large commercial buildings. Alderman Ken Kinsella made a motion to approve this Resolution to be sent on to the City Council for approval. Motion seconded by Alderman Jim Davidson. Chairman Musgrove called for a Roll Call Vote as follows: Alderman Melinda Hult, Aye, Alderman Ken Kinsella, Aye, Alderman Trent Galetti, Aye, Alderman Jim Davidson, Aye, Mayor Mark Eckert, Aye, Alderman James Musgrove, Aye. Motion passed Page 2 of 3  APPROVED Action Item (D) – Consideration of Resolution authorizing grant of utility easement City Attorney Garrett Hoerner explained that Ameren Illinois Company submitted a request for an easement to put in new utility lines that go across city property to service the Belleville sewer plant expansion. In order to authorize the execution of an easement, Attorney Hoerner recommends this easement be granted by a Resolution. This easement will benefit the City and the Mayor said he was informed that it will make power cheaper for the sewer treatment plant. Alderman Trent Galetti made the motion that this Resolution be approved to send on to the City Council for approval. Motion seconded by Alderman Ken Kinsella. Chairman Musgrove called for a Roll Call Vote as follows: Alderman Melinda Hult, Aye, Alderman Ken Kinsella, Aye, Alderman Trent Galetti, Aye, Alderman Jim Davidson, Aye, Mayor Mark Eckert, Aye, Alderman James Musgrove, Aye. Motion passed Action Item (E) – Consideration of Resolution authorizing sale of surplus real estate Mayor Eckert explained that this real estate was previously described to the City Council as no longer needed for its original purpose. Alderman Melinda Hult noted that the address was listed incorrectly as being on East Washington and should be West Washington. This correction was noted and the Resolution will be corrected before it is submitted to the City Council. Alderman Trent Galetti made the motion that the corrected Resolution be approved to send on to the City Council for approval. Motion seconded by Alderman Melinda Hult. Chairman Musgrove called for a Roll Call Vote as follows: Alderman Melinda Hult, Aye, Alderman Ken Kinsella, Aye, Alderman Trent Galetti, Aye, Alderman Jim Davidson, Aye, Mayor Mark Eckert, Aye, Alderman James Musgrove, Aye. Motion passed Miscellaneous - None. Chairman adjourns meeting: Chairman Musgrove called for a motion to adjourn. Alderman Trent Galetti made the motion, seconded by Alderman Jim Davidson. All members present voted Aye. Motion passed, meeting adjourned at 5:27 PM. Page 3 of 3