Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS AUGUST 26, 2014 6:00 PM (ORIGINALLY SET FOR AUGUST 12, 2014) Alderman Kinsella called the meeting to order. Alderman Kinsella stated everyone in the room were aware of the disaster procedures. Members present on roll call: Alderman Kinsella, Alderman Musgrove, Alderman Hult, Alderman Galetti, and Mayor Eckert. Alderman excused on roll call: Alderman Davidson. Department Heads present: Police Chief Clay. City Attorney present: Garrett Hoerner. Attending: Alderman White, Alderman Schneider, Belleville News Democrat - Jacqueline Lee, Michael Hagberg. PUBLIC PARTICIPATION None. MINUTES Alderman Galetti made a motion seconded by Alderman Hult subject to change “Alderman to Robertson to Alderman Davidson” to accept the minutes of June 16, 2014 All members present voted aye. Alderman Davidson excused. ACTION ITEMS CONSIDERATION OF CHANGES TO THE ORDINANCE CONCERNING SOLICITORS Alderman Kinsella called on Alderman Schneider since she originally addressed this issue. Alderman Kinsella inquired what Police and Fire decided. Alderman Schneider requested Police Chief Clay to address the issues. Police Chief Clay stated this was discussed and Alderman Schneider requested changes regarding time, money and signs. Police Chief Clay passed a copy of what changes were requested and discussed at Police and Fire.  Ordinance & Legal Review Minutes August 26, 2014 Alderman Schneider addressed hours…from 9 am to 5 pm is currently being used and Alderman Schneider requested changing the hours from 10 am to 4 pm due to it gets dark at 4:45 pm in the fall and 9 am is too early to have peddlers’ at your door. Alderman Schneider stated she feels they should post signs at the corners where they will be working and place signs on their vehicles i.e. Ameren IP. Alderman Schneider discussed the fines in the ordinance and referred to and read 7-10-6. Alderman Schneider requested the fine be changed from the minimum to $100 and $500 changed to $1000 and for a second offense it is automatically $5,000. Alderman Kinsella stated he was under the impression that when this was taken to Police and Fire that the Police and Fire would have a submittal. Police Chief Clay stated it was discussed and they felt it should be taken to legal and ordinance. City Attorney Garrett Hoerner stated there are a couple of federal cases that address the ordinances that restrict the time associated solicitors/peddlers. This is treated as a First Amendment issue. You need to determine what the objective is and then you determine it is narrowly tailored enough. One case out of the Northern District of Illinois addressed twenty something Chicago area ordinances that restricted the times from specific times like we have to dawn to sunset basing in on the amount of light and that court found that none of them were able to put forth a municipal objective that could not have been met by other means; such as licensing, the ability of a landowner to place a no solicitor sign such as a person who still walked past that would subject themselves to trespass. There is a 7th Circuit case followed the Northern District case and it was the same type of case. Alderman Hult asked the difference between soliciting and campaigning; City Attorney Garrett Hoerner referred 7-10-1. The verbiage used engaging in the business has hawker, peddler or transient vendor of merchandise. Alderman Galetti asked who determines the fine; City Attorney Garrett Hoerner stated a judge. City Attorney Garrett Hoerner stated when the city is re-codified the approved codification firm will review everything and recommend changes; Alderman Kinsella concurred. DISCUSSION ITEMS STRONG MAYOR FORM OF GOVERNMENT Alderman Kinsella called on Alderman Hult to address and she felt that this issue had been addressed. UPDATE ON PARLIAMENTARY PROCEDURE CLASS Mayor Eckert advised he had spoken with Roger Huebner of the Illinois Municipal League and he they have been trying to get someone to hold classes. Mr. Huebner requested if the City happens to find someone to let him know. Alderman Hult stated she heard there was someone in O’Fallon and will follow up. City Attorney Garrett Hoerner stated there is a book by the Page 2 of 3  Ordinance & Legal Review Minutes August 26, 2014 Association of Parliamentarians that is called the Parliamentary Procedure in Local Government. DISCUSS PROPOSALS REGARDING CODIFICATION SERVICES City Attorney Garrett Hoerner stated there were four proposals submitted and three were more substantial than the fourth. Interviews will be scheduled with the three proposals. The three proposals are out of state (Illinois, Ohio, and Florida); therefore, a video/phone conference will be scheduled. The costs proposed range from $13, 000 to $18,000. Alderman Hult asked if they need to compose a list of questions in advance; City Attorney Garrett Hoerner said if anyone would like to forward any questions please do so. MISCELLANEOUS Alderman Hult stated she had spoken with Economic Development Director, Emily Fultz, about a local business that has already been ticketed and what they were ticketed for they are still doing. How is that handled; City Attorney Garrett Hoerner stated depending on the offense often time the ordinance will provide each day they are out of compliance as a new offense. Alderman Hult stated this is a furniture store and the practice of the business is continuing. Alderman Kinsella stated to notify Director of Health &Housing, Bob Sabo. ANY BUSINESS, DICUSSION OF COMMENTS FROM THE ALDERMEN OF THE COMMITTEE None. ADJOURNMENT Alderman Galetti made a motion second by Alderman Musgrove to adjourn at 5:55 p.m. All members present voted aye. Alderman Davidson excused. Page 3 of 3