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Ordinance & Legal Review Committee

Regular Meeting

Belleville, IL · May 10, 2016

AgendaMinutes

Minutes

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS MAY 10, 2016 6:00 PM Alderman Wigginton called the meeting to order. Members present on roll call: Alderman Pusa, Alderman White, Alderman Galetti, City Attorney Hoerner and Mayor Eckert. Alderman Kinsella excused. PUBLIC PARTICIPATION Michael Hagberg Asked if the new ordinance book will be updating past ordinances or will it incorporate changes that have not been individually addressed? If the changes will be accepted in whole in the new book he hopes that the change history will be available for the public to review and have ample time allotted for public comments. Tim Daly Mr. Daly disseminated a handout. Mr. Daly addressed walkways, outdoor televisions and outdoor seating. Regarding the TV he is not a fan; however, he likes sitting outside, he likes TV, he likes sports, he likes beer and he like sitting outside at Tavern on Main. He is afraid that the price of TVs are so inexpensive at this point and there is no policy in place. He would appreciate a policy about TVs. Regarding the walkway access at any given time are failures. Club Escapade does not have room to have tables. Mr. Daly stated he spoke with Roger Barfield regarding the ordinance stating furniture must be put away every night. Mr. Daly asked Mr. Barfield if this is a rule and he would not comment. Mr. Daly said if this is an ordinance do you enforce it...no comment. MINUTES Alderman Pusa made a motion seconded by Alderman White to accept the minutes of April 25, 2016. All members present voted aye. UNFINISHED BUSINESS Status of Codification Mayor Eckert addressed Mr. Daly's comments in stating they are in the process of updating the ordinance book. Some of the issues you are mentioning are being addressed as the department heads etc. are giving input. City Attorney Hoerner stated he and the Mayor met and reviewed and answered a series of questions in the editorial and research report and the one issue that remains is the fines and fees. They cited several provisions. The administration is working on recommendations to take to the finance committee. Mayor Eckert stated they may have a public meeting for comment. Ordinance & Legal Review Minutes May 10, 2016 City Attorney Hoerner stated in speaking generally this codification is while a large undertaking is updating. City Attorney Hoerner stated he does not want this to be confused with zoning; Mayor Eckert stated zoning updates are in the budget over the next two years. Mayor Eckert stated regarding the TV will have to be addressed in the code; however, they came to the city and asked. Mayor Eckert stated the city did not have an ordinance governing and Mr. Sabo told them as long as it is safe it was okay. This has been used primarily for sports. Mayor Eckert addressed the walk access and the attorney general came back upon review and said 48". 48" must be open for handicap accessibility. ADA language was added to the liquor application. 60-7-11 covers outdoor seating is under a special use permit. When the city created the streetscape they went to the special service district in Downtown Redevelopment and they talked about the 13 block area. Alderman White stated he enjoys how downtown is moving forward and would recommend being very liberal. City Attorney Hoerner advised to keep in mind while using the special use permit allows you to address on a case-by-case basis stipulation. Alderman Wigginton stated 10 years the city did not have this problem. Around the country major shopping centers are no longer being built. Major shopping centers all over the county are being closed every day. People want lifestyle center i.e. walk, bike to places they can eat and be entertained. Discussion need to happen regarding fire pits, where to put tables and chairs at the end of the day. Discussion of Snow on Sidewalks Mayor Eckert stated the staffs strong recommendation i.e. police, housing and streets not to over regulate plowing of snow. Consideration of an Ordinance Amending Chapter 3 (City Administration) of the revised Code of Ordinances of Belleville, Illinois as amended City Attorney Hoerner stated this draft ordinance is similar to an ordinance that was submitted to the committee a few months ago and is relation to the movement of payroll/pension function from the clerk's office to the finance office. This has been worked out with the union. Mayor Eckert stated Dallas originally brought this up as a suggestion and during union negotiations this was revisited. Mary Teague will retire in a couple of years. Shelly Tarrant, who is in the finance department, previously worked downstairs and worked with Mary and learned assistant payroll. She is very capable and it takes a special person because it is very unique. Jamie and the Union worked this out that she would allow for Shelly to cross train and Jamie would be a backup. If Mary got sick the only person to do payroll would be Jamie since she has the background and expertise. Payroll is very complicated with nine unions and payroll deduction. Page 2 of 3 Ordinance & Legal Review Minutes May 10, 2016 Mayor Eckert stated this was their decision and not his recommendation. Alderman White made a motion seconded by Alderman Pusa to approve amending Chapter 3 (City Administration) of the revised Code of Ordinances of Belleville, Illinois as amended. Members voting aye on roll call: Pusa, Galetti, White, Wigginton, Eckert. MISCELLANEOUS & NEW BUSINESS Discussion Concerning Outdoor Televisions on Business Premises. Alderman Wigginton stated this has been discussed and we have to let the people have an opportunity to do business. Mayor Eckert stated he will take Mr. Daly's suggestions and read over them. *** Alderman White stated in the past election there was concern about establishing residency for some aldermen. Alderman White would like to discuss further. ADJOURNMENT Alderman Galetti made a motion seconded by Alderman White to adjourn the meeting at 6:33 p.m. All members present voted aye. These minutes were approved June 27, 2016. __/s/ Roger Wigginton_____________ Alderman Roger Wigginton, Chairman Page 3 of 3

Agenda

AGENDA CITY OF BELLEVILLE - ORDINANCE & LEGAL REVIEW COMMITTEE TUESDAY, MAY 10, 2016 AT 6:00 PM CITY HALL COUNCIL CHAMBERS 101 SOUTH ILLINOIS STREET, BELLEVILLE, ILLINOIS 1. CALL TO ORDER BY CHAIRMAN WIGGINTON 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 – April 25, 2016 7. UNFINISHED BUSINESS 7-A. Status of Codification. 7-B. Continued discussion of snow on sidewalks. 7-C. Consideration of an Ordinance Amending Chapter 3 (City Administration) of the revised Code of Ordinances of Belleville, Illinois as amended. 8. MISCELLANEOUS & NEW BUSINESS 8-A. Discussion concerning outdoor televisions on business premises. 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 MAY 10, 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 APRIL 25, 2016 5:00 PM Alderman Musgrove called the meeting to order. Members present on roll call: Alderman Kinsella, Alderman Pusa, Alderman White, Alderman Galetti and Alderman Musgrove. Members Present: City Attorney Hoerner and Mayor Eckert. PUBLIC PARTICIPATION Alicia Bradley Under 33-3-3 there are zoning acceptations and one unparticular is a special use for dormitory for Lindenwood to use in our non-traditional housing. (1) will the exemptions remain i.e non- traditional housing; and (2) if so, how does the acceptation ensure safety and limit growth where it is not overwhelming burden to the student or the resident in a particular block or community. Michael Hagberg To clarify the request from the last meeting regarding snow being plowed and left on the sidewalks and recommended amending the existing ordinance to state “sidewalks or public right- of-way”. Therefore, businesses will not be allowed to plow snow onto the sidewalks blocking the lane for pedestrian traffic and forcing pedestrians out into the street. MINUTES Alderman Kinsella made a motion seconded by Alderman White to accept the minutes of March 8, 2016. All members present voted aye. UNFINISHED BUSINESS Status of Codification City Attorney Hoerner stated he and the Mayor met and completed the responses to the report generated by the publisher and the administration has submitted all comments from the department heads. Discussion of Snow on Sidewalks Mayor Eckert stated he understands the theory he would like to talk with staff about enforcement. Ordinance & Legal Review Minutes April 25, 2016 MISCELLANEOUS & NEW BUSINESS Consideration of An Ordinance Approving the Discontinuance and Abolishment of Belleville Township and the Transfer of all the Rights, Powers, Duties, Assets, Property, Liabilities, Obligations and Responsibilities of Belleville Township to the City of Belleville. City Attorney Hoerner stated a draft ordinance attached to the agenda which completes the loop contemplated by Article 28 of the Township Code. In January 2016 the township approved its ordinance for the discontinuance and the transfer of all rights and liabilities etc. Mayor Eckert stated with the support of this committee this will go to city council on Monday, May 2, 2016 and if it passes he will appoint a task force. Alderman White made a motion seconded by Alderman Galetti to approve an Ordinance Approving the Discontinuance and Abolishment of Belleville Township and the Transfer of all the Rights, Powers, Duties, Assets, Property, Liabilities, Obligations and Responsibilities of Belleville Township to the City of Belleville. All members present voted aye. Consideration of An Ordinance Amending Chapter 33 of the City’s Revised Code of Ordinances to require owners/landlords to notify tenants of occupancy permit requirements Alderman White stated on more than three occasions he has had individuals come to him that have moved into Belleville that were not notified prior to moving that an occupancy permit was required. City Attorney Hoerner stated there are two ways to address this (1) a provision can be added to 33-2-1 Article 2 to require the landlord, property owner to advise the tenant; or (2) to have the seller advise the buyer. Alderman Galetti is opposed to having private home owner counsel the buyer on the purchase. City Treasurer Hardt stated Illinois American Water will not turn on water without an occupancy permit in the window and the name on the water account must match the name on the occupancy permit. ADJOURNMENT Alderman Galetti made a motion seconded by Alderman Pusa to adjourn the meeting at 6:33 p.m. All members present voted aye. _______________________________ Alderman Roger Wigginton, Chairman Page 2 of 2

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