Ordinance & Legal Review Committee

MINUTES CITY OF BELLEVILLE ORDINANCE AND LEGAL REVIEW COMMITTEE 11 FEBRUARY 2014 6:00 PM COUNCIL CHAMBERS 1. Chairman Musgrove called the meeting to order at 6:00 PM 2. Chairman 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. 3. Roll Call of Members Present: Alderman Melinda Hult Alderman Ken Kinsella Alderman Trent Galetti Alderman Jim Davidson Alderman James Musgrove (Chairman) Mayor Mark Eckert 4. Guests Present: Emily Fults, Director Economic Development, Planning and Zoning Garrett Hoerner, City Attorney Alderman Kent Randle Rachael Siegert, with Ameren Real Estate Office Michael Hagberg Joy Schreiber Jacqueline Lee (News Democrat) Chairman Musgrove asked the guests if anyone wanted to address the members of the Committee. None of the guests indicated they wanted to speak to the committee. 5. Approval of Previous Minutes Chairman Musgrove asked for a motion from the committee to approve the Minutes from Ordinance and Legal Review Committee Meeting for 14 January 2014. Alderman Ken Kinsella made the motion to approve the minutes with three minor typing errors all located near the bottom of page 2. He stated that the errors did not change the meaning of the sentences or the paragraph. After a brief review of the wording, Alderman Jim Davidson seconded the motion to approve the Minutes. Chairman Musgrove asked for a vote on the motion. All members of the committee voted Aye. The motion passed and Minutes were approved. 6. Agenda Items Page 1 of5 2/27/14 6. Agenda Item (A) Consider an update to Ordinance 7-2-2, PAWNBROKERS, AND 6- 60-5 SPECIAL USES in C-2, to send to the Council for approval. All members of the committee received a copy of these changes, for the first time, as a handout at this meeting. So City Attorney, Garrett Hoerner was asked to explain the changes. He said he has had discussions with the staff about some provisions in the Pawnbroker's Ordinance that are inconsistent with the Pawnbroker Regulation Act within the Illinois Compiled Statutes. The changes he has made to the existing Ordinance are to bring it into compliance with State Statutes. Most importantly there are provisions within the Act that are expressly required that cities with home rule should have. What we are trying to do is remain current with the State law. Alderman Huh asked if the State had changed its law? Attorney Hoerner answered, it appears that the law had changed since the City Ordinance was enacted. As far as the dates, most recently it was changed in August 2013 and July 2010. If you will note, specifically, on Part (A) of 7-2-2, what he did was to change the definition of pawnbroker to be consistent with the Act. Also, in that paragraph he included an application process that contemplates background checks for applicants who want a pawnbroker's license. Alderman Huh asked if this new requirement automatically "Grandfather In" people who already have a pawnbroker's license. He answered that, if we want to, we can add a grace period, like 120 days, within which to comply. Alderman Davidson asked if Part (B) came directly out of the State Statute and Attorney Hoerner answered yes it did but Part (C), (D), (E), and (F) are unchanged. He added that Part (G), (H), (I), (J), (K), and (L) came directly out of the Act. The only thing added that is not from the pawnbroker regulation Act is the provision associated with the background check. Alderman Davidson asked how many pawn shops does a city of our size normally have. Mayor Eckert answered that we limited the number of pawn shops to two several years back. At this point, Attorney Hoerner repeated that if the committee so desires, we can add a section that provides any pawnbroker conducting business within the city, upon the effective date of this ordinance, to be granted a grace period of 120 days to comply with the provisions of this ordinance. Alderman Kent Randle asked the question of how would we address the firearms issue for Pawnbrokers because he read that only the licensee would have a background check. Attorney Hoerner said we can cover this with a general language statement that, if the Pawnshop is involved in the sale of firearms, they must comply with State and Federal Laws. Attorney Hoerner also said we need to add the definition of Pawnbroker, that we have in the Business License Section, to the Zoning Section. Alderman Trent Galetti asked if we were making these changes to the Business License Ordinance to be current with the State Statute and were we changing the Special Uses in the Zoning Ordinance. Attorney Hoerner said that is correct. Alderman Galetti then stated that if a Page 2 of5 2/27/14 new person came along to open a Pawnshop, then we would need to have a public hearing. Attorney Hoerner answered yes, we would need to have a special hearing. At this point Alderman Ken Kinsella made a motion to approve this ordinance to send it on to the City Council for approval. He suggested we add a cover letter to the ordinance explaining what is different in this ordinance from State Law. Attorney Hoerner volunteered to write the cover letter to the ordinance when it is added to the next council meeting packet for each Alderman. Alderman Hult asked, for clarification, if the owner wants to sell firearms, will this ordinance require a background check just for the licensee or all of the employees. Attorney Hoerner said basically only the licensee but we can add the statement that if the pawnshop is involved in the sale of firearms, they must comply with applicable State and Federal Laws. Chairman Musgrove asked for a second to the motion. Alderman Jim Davidson seconded the motion. Alderman Hult then said she had another question, whether the city has had any recent requests from people that want to open a pawnshop. Emily Faults, the Director of Economic Development, Planning and Zoning, replied that sporadically there have been some questions but none with any definite plans. Next, Alderman Hult asked if we could separate the zoning ordinance changes from the business section change and vote on them separately. Alderman Kinsella asked why she wanted to separate the two sections. Alderman Kinsella said he wants to keep his motion the way it is, to vote on both together. Attorney Hoerner said we should accept Alderman Hults statement as a second motion on the floor to be voted on separately. Chairman Musgrove then called for a second to the second motion by Alderman Hult. Alderman Trent Galetti said he would second the second motion so we can vote on it. Chairman Musgrove said he would call the roll to vote on the second motion, with Aye meaning separate the sections, and No vote meaning not to separate the sections. Voting was as follows: Alderman Hult, Aye, Alderman Kinsella, No, Alderman Galetti, No, Alderman Davidson, No, Alderman Musgrove, No, Mayor Eckert, No. the second motion Failed, the sections will not be separated. Chairman said we could now vote on the original motion by Alderman Kinsella, which means an Aye vote means to send the Ordinance on to the City Council for approval and No means not to send it on. Voting was as follows: Alderman Hult, Aye, Alderman Kinsella, Aye, Alderman Galetti, Aye, Alderman Davidson, Aye, Mayor Eckert, Aye, Alderman Musgrove, Aye, motion passed, the Ordinance will be sent on to the Council for approval with the changes noted during the discussion. 6. Agenda Item (B) Consider approval of CIVILITY RULES prepared by City Attorney Garrett Hoerner with changes to Ordinance 2-2-1 to be sent to City Council for approval. City Attorney Garrett Hoerner opened the discussion with a review of the changes made to the Ordinance the Committee reviewed at the January meeting. He provided a copy of the Ordinance with the changes: Page 3 of5 2/27/14 In Section 2-1-8 (D) repetitive public comments should be avoided, to the extent practical, adding the words "through adoption of prior public comment (e.g. agreeing with a prior speaker)." In Section 2-1-8 (E) in the second bullet listing change the word "opprobrious" to "disparaging" In Section 2-2-1 RULES OF COUNCIL, In Section 2-2-1 (A) (5) (d) at the end add the words "through adoption of prior public comment (e.g. agreeing with a prior speaker)," In Section 2-2-1 (A) (5) (e) In the second bullet listing change the word "opprobrious" to "disparaging" Alderman Hult asked how do we educate the other bodies with the information about the Civility Rules. Mayor Eckert said he will send this information out with a memo. Chairman Musgrove asked if there was any more discussion. Alderman Ken Kinsella made a motion to send this ordinance on to the City Council for approval, motion was seconded by Alderman Melinda Hult. Chairman Musgrove asked all members approving this ordinance to send on to City Council to signify by saying Aye and if opposed to say No. All members present voted Aye, motion passed. 6. Agenda Item (C) Consider Resolution Authorizing the Grant of a Utility Easement to Ameren Illinois Company for an electrical line. This item was explained by Rachael Seigert from the Ameren Real Estate Office. She proceeded to pass out some handouts of a drawing of the Ameren Electrical Distribution Substation at the corner of East "C" Street and North Missouri Avenue. She explained that Ameren has been using this Substation for some time, since around 1960. They need to go in and make some updates to the Substation because it has become overloaded. While they are doing the update to the Substation they decided to update their safety precautions on the site. The safety code says that they should bury a grounding grid on the outside of the fence. This entails burying a copper rod two feet all around the fence, and down two feet. Mayor Eckert asked Emily Fultz if they verified that the City owns all the ground around the Substation. She said yes the City owns all the ground. Alderman Trent Galetti made the motion to approve this Resolution and send it on to the City Council for approval. Alderman Ken Kinsella seconded the motion, all members voted Aye, motion passed. 6. Agenda Item (D) Consider revisions to Chapter 53, Sign Code Based upon prior litigation. City Attorney, Garrett Hoerner explained that the changes to this ordinance were the result of litigation some years ago that were never entered into the written ordinance book. They concern actions related to political signs. He has now brought our ordinance up to date. Alderman Trent Galetti made the motion to approve this ordinance to be sent on to the City Council for approval. Alderman Melinda Hult seconded the motion, all members present voted Aye. Motion was approved to send the changed ordinance to the City Council for approval 7. Miscellaneous: Page 4 of5 2/27/14 7. Agenda Item 7 (A) Discuss changes to the Ordinance on treatment of animals to add more control of pet owners who do not treat animals properly. This was tabled at the last meeting to allow time to research the laws available to cover the subject. City Attorney, Garrett Hoerner did look into this subject and in Section 13-1-6 we already have Section A, provides proper care with food and water in sufficient quantities, proper air, shelter space and protection from weather, veterinary care when needed to prevent suffering and humane care and treatment, and registration. It was generally agreed no further action was required on this subject. 7. Agenda Item 7 (B) Discuss possible future Parliamentary Procedure Training after investigation on what training is available. We will have to wait on this subject until investigation is complete. Mayor Eckert had to leave the meeting at 7:03 PM and Trent Galetti had to leave at 7:06 PM. Chairman Musgrove asked for a motion to adjourn. Alderman Hult made the motion, seconded by Jim Davidson. All present voted Aye, meeting adjourned at 7: 13 PM Page 5 of5 2/27/14