Ordinance & Legal Review Committee
Regular MeetingBelleville, IL · August 12, 2015
Minutes
CITY OF BELLEVILLE, ILLINOIS
ORDINANCE AND LEGAL REVIEW COMMITTEE
CITY HALL COUNCIL CHAMBERS
AUGUST 12, 2015 6:00 PM
Alderman Musgrove called the meeting to order.
Members present on roll call: Alderman Kinsella, Alderman Schmidt, Alderman White,
Alderman Galetti, Alderman Musgrove, Mayor Eckert, City Attorney Hoerner and City
Treasurer Hardt.
Attending: Dallas B. Cook, City Clerk and Chief Clay.
PUBLIC PARTICIPATION
Michael Hagberg, Belleville, Illinois. Mr. Hagberg requested the full packet be posted online
(1) the open meetings act states that an agenda must describe the item in significant detail so the
public will know what is on that agenda item and when you see items that just say “tow
ordinance revision” it really does not give the public any knowledge what is going to be
discussed, and; (2) the one that is written on video gaming is written by lawyers and the lawyers
say we will write it vague and figure it out different. The one thing that was not thought of is
what if an establishment had 1/3 of their revenue coming from the food/beverage, 1/3 t-shirts
sale and 1/3 from video gaming.
On the ordinance where it references food or beverage has to be 50%...Mr. Hagberg stated he
thinks it should read food and beverage 50%. These are small words; however, they make a big
difference to the law.
MINUTES
Alderman Schmidt made a motion seconded by Alderman White to accept the minutes of July
14, 2015.
All members present voted aye.
UNFINISHED BUSINESS
Status of Codification
Mayor Eckert stated he sent a memo to all department head and gave them a month to review
their chapters and submit comments by September 3, 2015. Mayor Eckert anticipates he and the
city attorney will sit down with each department head and take a look at the recommendations
and changes. The department head know they have been put on notice and they have to do this
quick and hard.
Ordinance & Legal Review Minutes
August 12, 2015
Consideration of amending Section 24-1-6 of the Electrical Code
City Attorney Hoerner stated this came from Health & Housing and it is adding security systems.
Alderman Kinsella made a motion seconded by Alderman Schmidt to amend Section 24-1-6 of
the Electrical Code.
Members voting aye on roll call: Kinsella, Schmidt, White, Musgrove and Mayor Eckert. (5)
Members abstaining on roll call: Galetti. (1)
Consideration of provisions to the video gaming license Article XXVII Section 7-27-1
Mayor Eckert suggested that the ordinance should state this is not open to convenience or gas
stations to have gaming. City Attorney Hoerner he will research a pour license within an
establishment that sells alcohol. Alderman Schmidt asked when Springfield changed their law;
City Attorney Hoerner stated May of 2014.
City Attorney Hoerner asked the committee about the threshold i.e. small taverns that do not sell
food. City Attorney Hoerner recommended keeping 50%.
Alderman Schmidt made a motion seconded by Alderman Kinsella to accept the proposed
changes and forward to city council.
Members voting aye on roll call: Kinsella, Schmidt, Galetti, White, Musgrove and Mayor
Eckert. (6)
Consider raffle license ordinance to include certification from applicant that they are the
bonafide representative, not a felon. Article XVIII
City Attorney Hoerner stated he distributed a revised application that is statutorily required i.e on
page two who must sign. City Clerk Cook stated he typically waives the surety bond and will
that be acceptable; City Attorney Hoerner stated in order to waive the surety bond this
certification will be sufficient.
Alderman Schmidt made a motion seconded by Alderman Kinsella to accept the proposed
changes to the application form and forward to city council to have the proper ordinance drawn.
All members voted aye.
Update on vehicle vending (ice cream trucks), food trucks
City Clerk Cook stated he has been dealing with St. Clair Health Department and in talking with
them the way they handle the food trucks and they require a physical location, a commissary
where the food is prepared and clean up afterwards and they must be permitted and licensed in
that municipality. City Clerk Cook recommended they provide the most recent inspection and a
copy of their permit or license and menu. City Clerk Cook said the Health Department stated the
city cannot be less lenient; however, they can be stricter.
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Ordinance & Legal Review Minutes
August 12, 2015
Mayor Eckert asked if background checks are required; City Clerk Cook stated no. This is a big
issue with ice cream trucks there is not a background check.
Continued discussion on consideration of ordinance banning the sale of iced individual
alcoholic beverages in convenience stores, gas stations, and liquor stores
Mayor Eckert stated he and Chief Clay have a meeting with the liquor license holders at the end
of the month.
MISCELLANEOUS AND NEW BUSINESS
Tow ordinance revision Chapter 52.10.2. (Ord. 7481); Chapter 52.504 (Ord. 6685)
Chief Clay stated the city is covered by the 5th District Appellate Court in Illinois. There was a
case involving tow fees (Carter vs. City of Alton) and it was challenged regarding the
administrative fees assessed by some of the municipalities for vehicle impoundment fees that
range from $50-$500 depending on the charge.
The court wanted to tie the actual cost of impound fees to what the actual cost associated with
the tow i.e. on a D.U.I. an officer will spend 3 to 4 hours ($500 fee); forcible felony which will
require multiply reports, processing the crime scene etc. However, there are some impounds that
are not associated with the cost. The reason municipalities have been doing in the past is
because of a case from the Second District where they had a holding they did not associate the
cost to the fees.
Fee Schedule…
Chief Clay stated $50 for ordinance violation is fine; $100 for most misdemeanor tows with
exceptions. The cannabis control act has been changed to felony level amounts.
The following has been removed: obstructing identification, reckless driving, street racing and
driving while revoked license. These are non-traffic tickets. These should be $100.
The following have been added: motor vehicle accidents involving death, personal injuries, hit
and runs, unattended vehicle (hit property and leave).
With the cities impound fee there is a section for administrative waiver that is provided to people
with any bonafide financial hardship. The one time provision has been changed to every twelve
months.
Alderman Schmidt made a motion seconded by Alderman Kinsella to revise the fee schedule to
be in compliance with the 5th District.
Members voting aye on roll call: Kinsella, Schmidt, Galetti, White, Musgrove and Mayor
Eckert. (6)
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Ordinance & Legal Review Minutes
August 12, 2015
ADJOURNMENT
Alderman Schmidt made a motion seconded by Alderman Galetti adjourned the meeting at 6:07
p.m.
___/s/ James Musgrove____________
Alderman James Musgrove, Chairman
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Agenda
AGENDA
CITY OF BELLEVILLE
ORDINANCE & LEGAL REVIEW COMMITTEE
WEDNESDAY, AUGUST 12, 2015 5:00
CITY HALL COUNCIL CHAMBERS
101 SOUTH ILLINOIS STREET, BELLEVILLE, ILLINOIS
1. CALL TO ORDER BY CHAIRMAN MUSGROVE
2. EXPLANATION OF DISASTER PROCEDURE
3. ROLL CALL ALDERMEN
4. ROLL CALL DEPARTMENTS HEADS
5. PUBLIC PARTICIPATION (2-3 MINUTES PER PERSON)
(a) Members of the public may address the City Council 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 matters(s)
identified on the meeting agenda and/or other city business;
(d) Repetitive public comments should be avoided, to the extent practical,
through adoption of prior public comment (e.g. agreeing with 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.
7. APPROVAL OF MINUTES
8-A. Ordinance and Legal Review Meeting – July 14, 2015
CITY COUNCIL AGENDA
AUGUST 11, 2015
8. UNFINISHED BUSINESS
8-A. Status of Codification.
8-B. Consideration of amending Section 24-1-6 of the
Electrical Code.
8-C. Consideration of provisions to the video gaming license Article
XXVII Section 7-27-1.
8-D. Consider raffle license ordinance to include certification from
applicant that they are the bonafide representative, not a felon.
Article XVIII.
8-E. Update on vehicle vending (ice cream trucks), food trucks.
8-F. Continued discussion on consideration of ordinance banning the
sale of iced individual alcoholic beverages in convenience
stores, gas stations, and liquor stores.
9. MISCELLANEOUS & NEW BUSINESS
9-A. Tow ordinance revision Chapter 52.10.2. (Ord. 7481); Chapter
52.504 (Ord. 6685).
10. EXECUTIVE SESSION
11. ADJOURNMENT (ALL QUESTIONS RELATING TO THE
PRIORITY OF BUSINESS SHALL BE DECIDED BY THE CHAIR
WITHOUT DEBATE, SUBJECT TO APPEAL)
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CITY OF BELLEVILLE, ILLINOIS
ORDINANCE AND LEGAL REVIEW COMMITTEE
CITY HALL COUNCIL CHAMBERS
JULY 14, 2015 6:00 PM
Alderman Musgrove called the meeting to order.
Members present on roll call: Alderman Kinsella, Alderman Schmidt, Alderman White,
Alderman Galetti, Alderman Musgrove, Mayor Eckert, City Attorney Hoerner and City
Treasurer Hardt.
PUBLIC PARTICIPATION
Michael Hagberg, Belleville, Illinois. Mr. Hagberg asked for an update on codification. The
City paid for it last year and Mr. Hagberg stated he thought it was to be done in March and its
now July.
City Attorney Hoerner stated the City Clerk has distributed the transcript that was prepared by
the lawyer from the codification service to all of the departments to request feedback. When the
feedback is received it will be brought back to this committee and then there will be a live
meeting with the codification service.
Alderman Galetti asked what has been done if it’s being looked at by the city departments;
Mayor Eckert stated the codification firm asked that each department head look at the chapter
that relates to their office i.e. the police chief is looking at the chapter that pertains to law
enforcement.
MINUTES
Alderman Schmidt made a motion seconded by Alderman White to accept the minutes of May
12, 2015.
All members present voted aye.
OLD BUSINESS, NEW BUSINESS, REPORTS
Alderman Musgrove stated he was handed an ordinance that will be presented at the meeting on
August 11, 2015 regarding electrical changes.
Ordinance & Legal Review Minutes
July 14, 2015
ACTION ITEMS
CONSIDER ORDINANCE BANNING THE SALE OF ICED INDIVIDUAL ALCOHOLIC
BEVERAGES IN CONVENIENCE STORES, GAS STATIONS, AND LIQUOR STORES.
Discussion…
Alderman Schmidt stated this is a great idea. Alderman Schmidt stated she lives near Motto and
sees at all time people buying one beer and getting in their car. Alderman Galetti asked what
business is that of the aldermen…drinking and driving is illegal. Chief Clay stated the concern
he has is not so much people getting in their car driving off it’s the people that are walking.
Chief Clay stated they walk outside the store, pop the top, they drink it and then you find all
kinds of paper and cans.
Mayor Eckert recommended that the stores cannot chill or ice single, individual cans of beer.
Alderman Galetti asked if this will apply to Shop-n-Save and Schnucks; Mayor Eckert stated is
should. City Attorney Hoerner stated what you see in some other municipalities in the State are
limitations, of course, on the size, you see some that say it has to be greater than 24 oz. if its beer
or greater than 6.4 oz if it’s liquor. There is one in Joliet, IL that states there are different rules
apply on whether or not you are in a TIF District. Joliet, IL referred to a littering problem and
safety issues related with drinking and driving. Alderman Galetti asked what Belleville’s liquor
licenses input is; Mayor Eckert stated this is the first discussion and no action will be taken.
Mayor Eckert asked the aldermen to look around between now and the next meeting. Mayor
Eckert stated his concern is the perception i.e. litter, people walking and drinking on the street
and more panhandlers that have alcohol on their person and are becoming more aggressive.
Alderman Schmidt requested this to be placed on the agenda for the next meeting to vote on and
take to council.
CONSIDERATION OF PROVISIONS TO THE VIDEO GAMING LICENSE ARTICLE
XXVII SECTION 7-27-1.
Discussion…
Mayor Eckert stated the video gaming was set up if you had a bar and sold alcohol or if
restaurants sell alcohol you could apply for a video gaming permit. Now people want the
machines in convenient stores, strip malls and laundry mats. Mayor Eckert stated the ordinance
needs to be fined tuned. City Attorney Hoerner will research and this will be brought back at the
next meeting.
Chief Clay asked if you have a liquor license do you actually have to sell liquor or can you be
dry; City Attorney Hoerner stated they must offer it for sale because the Illinois Gaming Agents
come out to check.
Alderman Musgrove stated the wording must be made clear on the intent is to be.
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Ordinance & Legal Review Minutes
July 14, 2015
CONSIDERATION OF AMENDING TRAIL GUIDELINES AND INCORPORATE
RULES FOR PAVILION RENTALS IN CITY PARKS AND RECOMMENDATIONS
FROM CHIEF CLAY.
Mayor Eckert this group already passed the new proposals guidelines and honestly there was an
error in including rules for pavilion rentals. Mayor Eckert stated the pavilion rentals needs to be
addressed. Chief Clay stated the guidelines regarding the rentals of pavilions i.e. group with no
notice of over 100 people, restrictions on residency, DJs, fees, a vetting process in place. City
Attorney Hoerner requested everyone to consider: group activity registration, fee for resident
and non-resident, insurance requirement, any type of alcohol restriction, time restriction. Chief
Clay stated this is post Ferguson world and the police department can avoid having a
confrontation in the park and can minimize needs to be put in place. There does not need to be
100-150 young men and women in the park and have a fight. Mayor Eckert asked Chief Clay
and staff to talk and can hopefully be brought back to the next meeting.
DISCUSSION ITEMS
CHAPTER 18 - GARBAGE AND REFUSE ORDINANCE (DEAN HARDT)
City Treasurer Hardt stated it is premature to discuss at this time. This was discussed at the
Health and Housing meeting a couple of weeks ago in regards to try and formalize collection
efforts for delinquent accounts regarding garbage and refuse collection. City Treasure Hardt
stated he has a meeting scheduled on July 16, 2015 with the Mayor, City Attorney Hoerner and
himself only and another meeting scheduled for July 23, 2015 with the Mayor, City Attorney
Hoerner, Bob Sabo, Sgt. Herling and Brian Flynn to hammer out the details. The expectation is
to have a solid ordinance ready for the next meeting.
MISCELLANEOUS
None.
ADJOURNMENT
Alderman Musgrove adjourned the meeting at 7:00 p.m.
____________________________________
Alderman James Musgrove, Chairman
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