Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS OCTOBER 13, 2015 6:00 PM Alderman Musgrove called the meeting to order. Members present on roll call: Alderman Schmidt, Alderman White, Alderman Musgrove, Mayor Eckert, City Attorney Hoerner and City Treasurer Hardt. Alderman Kinsella and Alderman Galetti excused. PUBLIC PARTICIPATION Michael Hagberg, Belleville, Illinois. Mr. Hagberg addressed an agenda item regarding signs in yards etc. In this case, we can learn from what other communities have done before us rather than rehashing it and trying to come up with a workable solution. This is normally covered in the unified development code of municipalities and Cheyenne, WY was an example that had been used previously. Their sign code has it broken up in to residential and non-residential areas and political signs and ideology signs. They came to the conclusion that in a residential area political signs should be limited to no more than six (6) square feet. There should be no limit to the number of signs on said parcel and there should be no time limit for the amount of time those signs can be displayed. Ideology signs can be no larger than eight (8) square feet, have no limit to the number of signs on a property and also have no limit to the time limit those can be displayed. In non-residential areas they treated political and ideology signs the same but increased the size to say they should have no more than a maximum of thirty-two (32) square feet. Again, with no limit to the number of signs or the amount of time they can be displayed. To address this and many other issues Mr. Hagberg suggested that the aldermen insist the $60,000 in funding to complete the unified development code for the City of Belleville be included in next year’s budget. Allen Schuessler, Belleville, Illinois. Mr. Schuessler stated he has lived at his residence for 40 years and is very concerned with the increased number of abandoned properties in his neighborhood as well as throughout the city. He hopes that the city would become more proactive in trying to do something with these abandoned properties. The property values will decrease if this trend is not changed and people will begin to look at other places to live.  Ordinance & Legal Review Minutes October 13, 2015 In July 2013 his neighbors informed him he was moving out. It became very clear to him that all of a sudden he became the caretaker of that property. He ended up cutting the grass, pulling the weeds, racking the leaves for 1.5 years. With abandonment you see the issue of crime, drugs and vandalism. Fortunately, the vandalism has been minimized until October 6th until when he discovered the back door of the property had been kicked in. The city was contacted and the city responded and secured the property. He took an opportunity while the backdoor was open to do a walk through. The last 20 years of his working career he served as a health and safety officer for an abatement company. They did removal of asbestos, lead and mold. During the walk through he stated it was infested with mold on the ceiling, floors, and walls. In fact, to do a remediation of this property will cost many thousands of dollars. He is requesting this property be considered for demolition. He realizes there is not an endless fund demolishing buildings in the city. However, he hopes if the city becomes more proactive in trying to reduce the number of abandon properties that everyone will benefit. Stewart Lannert, Belleville, Illinois. Mr. Lannert stated he has been living at his residence since 1990-1991 and when he moved in all of the neighbors said they were glad they got someone there that looks like they might be a good neighbor. Mr. Lannert kept a list of all of the people that lived in the home that was still getting mail at the residence. Lindenwood is putting dumpsters and putting rotting garbage which is not sealed which is causing a smell and flies. Raccoons and possums are getting in the dumpster. As for as his property at 20th and Godfrey the safety issue has become somewhat severe. Cars and trucks constantly run through the stop sign. One day an 18 wheeler when rolling through about 50 mph. With the development projects that are going on needs to be watched. The outfit that came into Caseyville bought up the Caseyville Rod and Gun Club and other property. They bulldozed around for a couple of weeks and took off. Doug Parker, Belleville, Illinois Mr. Parker said it is sad when a pedestrian has to walk down the street, trip over sidewalks that need to be fixed and there is litter all over Belleville. He is formerly from Greenville, Illinois and he used to take the prisoners to pick up litter. It would make Belleville a cleaner place. Kyle Anderson, Realtors Association Regarding consideration of limiting signs requested to be cautious with the recent Supreme Court decision in Gilbert, AZ. Requesting the sign size is adequate to be seen on whatever speed limit people are driving one. Page 2 of 6  Ordinance & Legal Review Minutes October 13, 2015 Regarding the demolition requested the city to incentivize investments in the parcel i.e. first time home buyer program. The realtors strongly opposing the stopping of any issuing of rental occupancy permits; however, they are open to discussion. Requests drafting an ordinance to craft a moratorium on issuing. Regarding the parking of recreational vehicle he encourages amending rather than crafting a new ordinance. MINUTES Alderman Schmidt made a motion seconded by Alderman White to accept the minutes of August 12, 2015. All members present voted aye. UNFINISHED BUSINESS Status of Codification City Attorney Hoerner stated he understands the department head have reviewed their respective portions of the existing code. The clerk’s office received an email from the codification service to schedule a meeting to review the comments from the respective department heads. Hopefully that can be scheduled within the next month. 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 when he met with the liquor license holders approximately four weeks ago he made it clear to them that his interpretation is to ask for a motion to ban the iced individual cans that they are having out front near the register and in the aisles. Alderman Schmidt made a motion seconded by Alderman White have the city attorney draft sample ordinance to ban the sale of iced individual alcoholic beverages in convenience stores, gas stations and liquor stores and bring back to the next ordinance and legal committee for review. Discussion… Alderman White stated the way this is worded is a challenging ordinance to write. Specify how far from the counter the alcohol will be…we cannot leave open for judgment. You also have hard liquor bottles sold at the counters at some liquor stores which can be as dangerous as beer. Alderman White suggests the ordinance come back to committee for review before send to council. Mayor Eckert stated he agrees; however, the bottles are behind the counter. City Attorney Hoerner stated he will bring back sample ordinances to the next meeting. All members voted aye. Page 3 of 6  Ordinance & Legal Review Minutes October 13, 2015 MISCELLANEOUS AND NEW BUSINESS Consideration of amending Chapter 18 Article 2 – Garbage and Refuse. City Treasurer Hardt reviewed his recommended changes with version two with the committee. On page two under 18-2-4 added “and interest” between interest and charges. Clarification was needed that the owner was in fact responsible for user fees and interest as charged due to non- payment of their tenant or themselves. Occupancy Permits…sub-paragraph C- lien rights – correction the number 30 to sixty in front of the number 60. Item 18-2-6 – placing of containers. This contradicts itself. Any property that has four or less is required city services for trash and any property five or above is required to have a dumpster. The reasons for the changes is to clean up the language or lack thereof. Alderman Schmidt made a motion seconded by Alderman White to approve the proposed amendments Chapter 18 Article 2 – Garbage and Refuse. All members voted aye. Consideration to issue a permit for a fireworks display. City Attorney Hoerner stated this was an issue this committee considered 2013 and the draft ordinance from 2013 was included in the packet. If it is the desire of the council to issue a permit to have a fireworks display in the city there must be reasonable rules and must be compliant with rules of the State Fire Marshall. Alderman Schmidt made a motion seconded by Alderman White to table until November and ask Assistant Chief Penet to be present with his recommendation. All members voted aye. Consideration to limit the size of signs (political or otherwise) on property. Alderman Schmidt asked for clarification; City Attorney Hoerner stated this has been researched and there are limitations on what you can do; however, it cannot be content based. You must tread light with the first amendment. With respect to political signs in 2010 there was an amendment to Section 11-13-1 of the Municipal Code that stated that municipalities regulations of signs on residential property were further restricted to provide that other than reasonable restriction as to size no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential during any period time. The courts are considering virtually everything but size. This will remain as is. No motion required. Discussion of removing 1102 LaSalle from demolition list. Mayor Eckert stated Hayes agreed to give a 60 day extension while it is being reviewed. Page 4 of 6  Ordinance & Legal Review Minutes October 13, 2015 Discussion of Neighborhood Safety Act. Alderman Ovian discussed his recommendation: A. Crime Prevention for Residential Neighborhoods’ in All Eight Wards. B. Foreclosed property means a judgment of foreclosure has been entered in court and is final. C. Abandoned property means non occupied housing for two years or longer. 1. “Abandoned or Foreclosed” properties which have been in existence two years or more be given one hundred and fifty days (150) to rehab their properties or demolish them. To guarantee that the City of Belleville or the resident taxpayer not bear the cost of demolition a “surety bond” must be put up by the owners of the property equal to the cost of demolition. Ward 4 does not have TIF money so a surety bond is necessary. 2. Reasons why Properties when rehabbed or demolished prevent crime in neighborhoods. a. Properties when abandoned or foreclosed present an environment for crime and are fire hazard for neighbors living in the neighborhood. b. Vandalism occurs and can be used as a drug house. c. Abandoned or foreclosed properties deteriorates the integrity of the neighborhood by lowering property values. d. Absentee landlords are not maintaining their properties abusing the City of Belleville to cut their grass and lien their property. City Attorney Hoerner stated under the municipal code there are demolition powers which the city uses to address unsafe property. The city also has the power to go on the property if the city considers being unsafe/abandoning and secure it i.e. board it up. One thing that is not referenced is the ability to have a legal requirement for a surety bond; however, the question will become if it is a valid use of home rule power. Alderman Schmidt made a motion to research and bring back for further discussion with the city attorney’s recommendations. Discussion of upgrading occupancy permits. Alderman Ovian stated the city does not have an ordinance in crime free housing to charge the landlord or the owner of the property if they are not following through and evicting. An Page 5 of 6  Ordinance & Legal Review Minutes October 13, 2015 example, 7009 West Main, which has had six disturbance calls by police. Three out of the six were for the same individual. He is mentally challenged, he is taking medication to not drink, and he has been arrested for indecent exposure and disorderly conduct. The landlord gets money directly paid to him by one of the federal agencies. City Attorney Hoerner stated with respect to crime free housing the burden in crime free housing is on the landlord not the tenant. The background check is not a prohibition against them for renting to a tenant who has a criminal record it is intended to be informational. The city has mimicked what the law already provides in Illinois. Alderman Buettner stated he has a tenant that has been charged with a Class A misdemeanor and he cannot get the person out until there is a conviction so crime free housing is not doing Alderman Buettner any good at all. City Attorney Hoerner stated crime free housing cannot operate with tenant only the landlord. Under the FE&D law states if they commit an act which constitutes a Class A misdemeanor or felony it does not state conviction. Crime free housing for the municipality is not intended to be the vehicle for eviction you still have to go through the courts. Discussion of parking of recreational vehicles. Alderman Ovian proposed what has been established by the City of Granite City and Edwardsville (passed out a handout). Alderman Musgrove discussed the timeframe. Alderman White recommended drafting an ordinance with more stringent language. City Attorney Hoerner stated he will draft an ordinance with Alderman Ovian’s recommendations. Discussion of trash cans at restaurants. Alderman White recommended leaving this on the agenda for the next meeting. ADJOURNMENT Alderman Musgrove adjourned the meeting at 7:20 p.m. These minutes were approved on November 10, 2015. /Alderman Musgrove/ Alderman James Musgrove, Chairman Page 6 of 6