Ordinance & Legal Review Committee

AGENDA CITY OF BELLEVILLE - ORDINANCE & LEGAL REVIEW COMMITTEE TUESDAY, MARCH 8, 2016 6:00 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) See reverse side 6. APPROVAL OF MINUTES 6-A. Ordinance and Legal Review Meeting – February 22, 2016 7. UNFINISHED BUSINESS 7-A. Status of Codification. 8. MISCELLANEOUS & NEW BUSINESS 8-A. Consideration of amending Chapter 31-1-1 from Parks and Recreation, to allow alcohol in Bellevue Park at the Stone Lodge Building only. (Director of Parks and Recreation, Debbie Belleville) 8-B. Consideration of amending Chapter 31-1-1 from Parks and Recreation to change the name of Municipal Pool Park to Ebsen Park. (Director of Parks and Recreation, Debbie Belleville) 8-C. Discussion of snow on sidewalks. 9. EXECUTIVE SESSION The Ordinance and Legal Committee may go into executive session to discuss personnel, litigation, privacy and safety. 10. ADJOURNMENT (ALL QUESTIONS RELATING TO THE PRIORITY OF BUSINESS SHALL BE DECIDED BY THE CHAIR WITHOUT DEBATE, SUBJECT TO APPEAL)  CITY COUNCIL AGENDA JANUARY 12, 2015 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. PAGE 2 OF 2  CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS FEBRUARY 22, 2016 6:00 PM Alderman Musgrove called the meeting to order. Members present on roll call: Alderman Kinsella, Alderman Pusa, Alderman White, Alderman Galetti, Alderman Musgrove, City Clerk Cook, City Attorney Hoerner and City Treasurer Hardt. PUBLIC PARTICIPATION Michael Hagberg Mr. Hagberg stated he requested Traffic Committee to have the police start enforcing the snow plow rules that are in place. Companies are not supposed to be snow plowing their excess snow into the street. Evidently, there is not an ordinance from snow plowing onto the sidewalk and blocking the sidewalks and requesting this be researched. Mr. Hagberg will collect notes and email to committee for next month’s meeting. MINUTES Alderman Kinsella made a motion seconded by Alderman Pusa to accept the minutes of January 12, 2016. All members present voted aye. UNFINISHED BUSINESS Status of Codification City Attorney Hoerner stated he is awaiting confirmation from the Mayor’s office that they have compiled all of the comments from the respective department heads on applicable sections. He hopes to report back to the committee in March. They pointed out approximately 100 fines/fees sections that were five years or older. They are asking if you want to revisit the level of the fines. Do you want that issue to come to ordinance and legal or finance; Alderman Kinsella recommended sending to finance with the department heads comments and Alderman Musgrove concurred. Alderman Galetti asked if the fines/fees collected stay within that department; City Attorney Hoerner stated they go in the general fund. Consideration of Amending Parking of Recreational Vehicles Alderman Ovian stated the only changes are the following: b-1 all parking or storage of motor vehicle takes place only on graded and paved surfaces of bituminous hot mix, Portland cement concrete, or approves comparable paving material.  Ordinance & Legal Review Minutes February 22, 2016 b-2 The parking surface upon which a recreational vehicle is stored shall be continuously maintained free of all debris, trash, grass and weeds at all times. b-3 The recreational vehicle stored shall not be used to store trash, debris, garbage, plastic bags or boxes. b-4 Private parking or storage of major recreational equipment, not exceeding six and one-half (6 ½) feet in height. See paragraph B. Everything else falls in the guidelines the city presently has. Alderman Kinsella stated this was sent to Housing and it died due to lack of a second. Alderman Kinsella stated he was in favor in this; however, it seems it is extra rules for people to have to follow and is an extra layer of government. Alderman Ovian stated he is requesting to follow the existing ordinances and add the height of the recreational vehicle. Alderman Galetti asked if the city attorney can file an action the individual; City Attorney Hoerner stated that would be the best way to address the issue. City Attorney Hoerner asked if the consensus is to put this on hold and doing something individually on the specific property. Alderman Kinsella made a motion seconded by Alderman White to table. Discussion… Alderman Randle asked what the objectionable language is; Alderman Pusa stated a specified surface under the trailer which could be a burden to those that keep their property up. Alderman Galetti stated it’s the motivation behind the changes…it seems people are being singled out. Alderman Kinsella stated the number of recreational vehicles. Alderman Ovian requested to define table indefinitely and will the city attorney will come back with a resolution; City Attorney Hoerner stated the individual in Ward 4 will be handle on an individual basis. Alderman Ovian asked how the issue will be resolved at hand; City Attorney Hoerner stated the present ordinance All members present voted aye. Discussion of Dissolution of Belleville Township City Attorney Hoerner stated this topic was put on the agenda by the Mayor. The next step will be to have city council to adopt an ordinance accepting the township. There will need to be provisions within the current code to address how that will function. The administration is currently looking at it; however, everyone should give input. Alderman Pusa asked how the city will address the situation with PSOP; City Clerk Cook stated when he gave his presentation that was addressed and he recommended having it go through the Community Development Committee. City Clerk Cook stated there are two entities which are community development and general assistance. Alderman Galetti stated the whole point of dissolving is to get rid of a unit of government and not to take away money that is given out. Page 2 of 3  Ordinance & Legal Review Minutes February 22, 2016 Alderman Kinsella asked if state funds will be available to the city; City Attorney Hoerner stated the city will assume all rights and responsibilities. Alderman Ovian asked if the city would assume any of the employees of the township; City Clerk Cook stated no, he does not believe so. MISCELLANEOUS & NEW BUSINESS None. ADJOURNMENT Alderman Pusa made a motion seconded by Alderman Galetti to adjourn the meeting at 7:40 p.m. All members present voted aye. ____________________________________ Alderman James Musgrove, Chairman Page 3 of 3 Jennifer Starnes From: Michael Hagberg [mhagberg2525@gmail.com] Sent: Friday, March 04, 2016 9:41 AM To: Ward8musgrove@belleville.net Cc: Jennifer Starnes Subject: Plowing snow into streets and on sidewalks Attachments: snow_street.jpg; snow_sidewalk.jpg Hello Chairman Musgrove, Could this be brought to legal and ordinance for discussion? After the January snowfall there were many businesses and even a local municipality that plowed snow from parking lots onto the sidewalks. This causes the sidewalks to become impassible, forcing pedestrians into the traffic lanes of the streets. I would like to see current ordinances expanded to prevent this practice. At no time should property owners be allowed to deposit snow on public right of way or another's property without permission. Below are existing ordinances of interest. Attached are two photographs. These are only two examples, there are many companies that allow this throughout the city. Thank you Michael Hagberg 40-1-16 SNOW IN STREETS. (A) No person shall dispose of any snow, leaves, or grass from private property by transferring such snow, leaves or grass to the streets of the City. (Ord. No. 6806; 12-19-05) 26-1-2 NUISANCES DEFINED. The following are hereby declared to be nuisances: (K) Water on Streets. Dumping, depositing or permitting any water to run across any sidewalk, street or alley within the City in such a manner as to create a hazardous condition thereon. 30-1-34 LITTERING. It shall be unlawful for any person, firm or corporation to cast, throw, deposit or leave any trash, waste, article, glass, weeds, garbage or refuse material of any kind in or upon any alley, street, sidewalk, or in any public place within the City. Nor shall any person, firm or corporation cast, throw, deposit or leave any of the aforementioned articles anywhere within the City in such 1 manner that they may be carried or deposited in whole or in part by the action of the wind, in any of the aforementioned places. Any person in violation of this Section shall be fined a minimum of Two Hundred Fifty Dollars ($250.00) and a maximum fine not to exceed Five Hundred Dollars ($500.00). (Ord. No. 7100; 04-08-08) (Sec. 61.33) 2