Ordinance & Legal Review Committee

AGENDA CITY OF BELLEVILLE ORDINANCE & LEGAL REVIEW COMMITTEE TUESDAY, JULY 14, 2015 6:00 CITY HALL COUNCIL CHAMBERS 101 SOUTH ILLINOIS ILLINOIS 1. Call to Order 2. Chairman to Announce Emergency Evacuation Instructions 3. Roll call of Aldermen Alderman Jim Musgrove (Chairman) Alderman Ken Kinsella Alderman Janet Schmidt Alderman Bob White Alderman Trent Galetti 4. Public Participation (a) Members of the public may address the Committee in accordance with Section 2.06(g) of the Illinois Open Meetings Act (5 ILCS 120/2.06(g). (b) Public comments are limited to three (3) minutes per speaker. (c) The subject of public comments shall be reasonably related to matter(s) identified on the meeting agenda and/or other Committee business. (d) Repetitive public comments should be avoided, to the extent practical, through adoption of prior public comment (eg. agreeing with a prior speaker). (e) The following conduct is prohibited during public participation: • acting or appearing in a lewd or disgraceful manner; • using disparaging, obscene or insulting language; • personal attacks impugning character and/or integrity; • intimidation; • disorderly conduct as defined in Section 30-1-2 of this Revised Code of Ordinances; (f) Any speaker who engages in such prohibited conduct during public participation shall be called to order by the chair or ruling by the chair if a point of order is made by a sitting Alderman. 5. Approval of minutes from May 12, 2015 Ordinance & Legal Review Committee Meeting 6. Chairman - Alderman Musgrove will address old business, new business, reports, information or comments 7. Action Items 7-A. Consider ordinance banning the sale of iced individual alcoholic beverages in convenience stores, gas stations, and liquor stores. 7-B. Consideration of provisions to the video gaming license Article XXVII Section 7-27-1.  7-C. Consideration of amending Trail Guidelines and incorporate Rules for pavilion rentals in city parks and recommendations from Chief Clay. 8. Discussion Items 8-A. Chapter 18 - Garbage and Refuse Ordinance (Dean Hardt) 9. Miscellaneous - Any business, discussion of comments from the Aldermen of the Committee 10. Chairman Adjourns Meeting  CITY OF BELLEVILLE, ILLINOIS AND REVIEW COMMITTEE COUNCIL CHAMBERS 2015 6:00 Alderman Musgrove called the meeting to order. Members present on roll call: Alderman Musgrove, Alderman Schmidt, Alderman White and Mayor Eckert. Members excused on roll call: Alderman Kinsella and Alderman Galetti. Mr. Hagberg stated during the last week there was an article in the Belleville News-Democrat about the downtown restaurants not leaving an access available for the public to walk on public sidewalks. Mr. Hagberg said he was remembering from Streets that Tim said there was supposed to be a five foot alley way to be left open for the public to be able to use the sidewalks; however, was unable to find out if there was an ordinance for that. If there isn't Mr. Hagberg is requesting from the committee to add to the agenda and research whether or not there should be an ordinance requiring a five foot walkway available for the public because they were blocking the sidewalks and people had no choice to either go in the street or around the block the long way. MINUTES Alderman Schmidt made a motion seconded by Alderman White to accept the minutes of January 13, 2015. All members present voted aye. Discussion ... Annissa McCaskill, Director of Economic Development, stated this is to clean up the ordinance that states the business occupancy applications are approved by the housing department. That has not been in effect or has not been practiced for two to three years. City Attorney Hoerner stated he had prepared a draft for a meeting on something else and all it does is change "Health and Housing" to "Economic Development Planning and Zoning" for purposed of issuance and logging the business occupancy permits consistent with the current practice. Enforcement remains with Health and Housing.  Ordinance & Legal Review Minutes May 12, 2015 Alderman Schmidt made a motion seconded by Alderman White to approve the wording changes to this ordinance "Health and Housing" to "Economic Development Planning and Zoning". All members present voted aye. Discussion ... Mayor Eckert stated this comes from Jason Poole which was talked about several months ago. City Attorney Hoerner stated Chapter 31 of the Code of Ordinances relating to Parks and Recreation as park regulations and that was created at a time that the city did not have any trails other than the Richland Creek Trail outside of Parks. Now, we have the Signal Hill Trail, Citizens Park to Bellevue Park and those areas that are outside of the park need to be included with the ordinance. Jason met with other jurisdiction under which the trails are shared and they come up with the rules that are consistent with the Mayor's office. Alderman White made a motion seconded by Alderman Schmidt to accept the signage change and have the proper ordinance drawn. All members present voted aye. *** CONSIDER ORDINANCE BANNING THE SALE OF ICED INDIVIDUAL ALCOHOLIC BEVERAGES IN CONVENIENCE STORES, GAS STATIONS, AND LIQUOR STORES. Mayor Eckert spoke regarding an ordinance that is going to spell out the City's request to ban the selling the iced individual alcoholic beverages in convenience stores, gas stations, and liquor stores. Mayor Eckert stated at a lot of convenience stores are icing tubs at the counter where the check out is located. This does two things (1) encourages them to get in the car and drink it while it is cold; or (2) as they drink it going down the street. City Attorney Hoerner stated there are difference ways to address this. There are communities in the northern part of the state that have addressed it in a variety of ways. Some of them have banned by particular brand, ban by size. CONSIDERATION OF PROVISIONS TO THE VIDEO GAMING LICENSE ARTICLE XXVII SECTION 7- 27-1. Mayor Eckert stated he wanted to bring this for some time. The City has been hit for a period of time at different regarding convenient stores wanting video licenses. There is a concept now with gaming parlors. Gaming is supposed to be tied to a pour license or a restaurant that has a pour license. These places want to find a strip mall, they want to serve a Landshire sandwich and have a tapper of beer and five gaming machines. Page 2 of 4  Ordinance & Legal Review Minutes ······························· .... ····•·············· May 12, 2015 City Attorney Hoerner stated there is a video gaming ordinance so if there will be further restriction it will need to be added to the ordinance. This is a situation i.e. land based casino vs. video gaming machines. Alderman Schmidt made a motion seconded by Alderman White to adopt the ordinance as presented. All members present voted aye. ARTICLE (FIRE INSPECTION - NONPAYMENT) Alderman Musgrove stated the Fire Chief and is considering adding a charge to people that bring him plans for new buildings in which they have to spend a lot of time checking the designs to make sure it is fire safe. *** City Clerk Cook stated there is an ordinance that requires people to pay for fire inspections, with different amounts, depending on how much space they have. The Fire Department inspects the property and the City Clerk's office sends the bill. The current ordinance does not have enough teeth to make them pay. City Clerk Cook stated it is not fair to those who are paying and not collecting from those who don't pay. City Attorney Hoerner stated a penalty provision can be added within the article and tie it to business occupancy permit Annissa McCaskill, Director of Economic Development, recommended attaching to the business occupancy permit on start on the front end instead of the back end. ARTICLE XV City Clerk Cook stated there is a vehicle vending license; however, those are for people that are delivering food i.e. Schwann's, Dierbergs. Currently, the ice cream truck is being license under vehicle vending. City Clerk Cook stated ice cream trucks need their own license. City Attorney Hoerner stated this needs to be addressed because an ice cream truck under the ordinance falls under itinerant merchant. City Clerk Cook stated the ice cream truck driver in his neighborhood smokes in the van. City Clerk Cook also stated currently under the current ordinance stated the Director of Health and Housing is to inspect the ice cream truck. City Clerk Cook stated he contacted the Director of Page 3of4  Ordinance & Legal Review Minutes """"""""""""""""""~~""-"" - """"" May 12, 2015 Health and Housing and he stated he has never done that and they do not do that. So, we have no one that is doing a background check or checking the cleanliness of these vehicles. ARTICLE LICENSE) City Clerk Cook stated the state agencies are now involved in raffle license due to video gaming. The ordinance currently stated you must be a certain type of an organization to receive a permit and must be a bonafide member of that organization. The State of Illinois says a bar owner cannot get a permit which is unfair to the competitions. City Attorney Hoerner recommended amending the raffle license to include a certification from the applicant that they are the bonafide representative, not a felon etc. FOOD TRUCKS Annissa McCaskill, Director of Economic Development, stated this is basically before the committee requesting to allow to start the conversation and come up with a criteria. Discussion was held regarding different locations around the United States. Suggestions were made to use the City's parks. Alderman Schmidt made a motion seconded by Alderman White to have the city attorney prepare proposed ordinances regard vehicle vending (ice cream trucks), raffle license and food trucks. All members present voted aye. None. Alderman Schmidt made a motion second by Alderman White to adjourn at 6:50 p.m. All members present voted aye. Alderman James Musgrove, Chairman Page 4of4