Ordinance & Legal Review Committee
Regular MeetingBelleville, IL · January 10, 2017
Minutes
CITY OF BELLEVILLE, ILLINOIS
ORDINANCE AND LEGAL REVIEW COMMITTEE
CITY HALL COUNCIL CHAMBERS
JANUARY 10, 2017 6:00 PM
Alderman Wigginton called the meeting to order.
Aldermen present on roll call: Alderman Kinsella, Alderman Pusa, Alderman White,
Alderman Wigginton, Mayor Eckert and City Attorney Hoerner.
Members Present: Alderman Galetti excused.
PUBLIC PARTICIPATION
Michael Hagberg
In the November minutes it was stated that Mr. Hoerner said that ordinances will be updated on
line within a month after they are passed. The last update is from July. Mr. Hagberg asked the
board to consider what to do with ordinances that don't affect the codification i.e. levy, zoning
ordinances. Also, to question whether or not signed and executed business agreements should be
posted on the City's website so the public can view without having to FOIA the documents.
MINUTES
Alderman Pusa made a motion seconded by Alderman White to accept the minutes of November
3, 2016.
All members present voted aye.
UNFINISHED BUSINESS
None.
MISCELLANEOUS & NEW BUSINESS
BUS/TRUCK STOPS
City Attorney Hoerner stated this is a topic that arose from Jack Flash proposed facility at the
Shrine Project. This falls by definition under the Video Gaming Act as a truck stop. The City
does not currently have an ordinance that differentiates between a bus stop or truck stop versus a
convenience store.
Bus and truck stops are treated differently and they have a different classification. The Jack
Flash proposal would have gaming similar to the one they have in their location in Farmersville
and Effingham. This would require an amendment to the ordinance. The Video Gaming Act
defines truck stops and licensed truck stop establishments to include a convenient store that is on
three (3) acres or more; sell in excess of 10,000 diesel fuel a month and has commercial vehicle
parking. Another way to define is to state it must be within so many miles of an interstate.
Alderman Pusa made a motion seconded by Alderman Kinsella to draft an ordinance and submit
to council on February 6, 2017.
Members voting aye on roll call: Kinsella, Pusa, White, Mayor Eckert and Wigginton.
Ordinance & Legal Review Minutes
January 10, 2017
RESALE/CONSIGNMENT SHOPS
City Attorney stated this was brought to the administration by Alderman Tyler and Alderman
Randle. The existing ordinance are thin relating to the retail dealers and secondhand
consignment as they regulate. The complaints they were receiving were having the secondhand
good outside. American Legal and IML provided a couple model ordinances relating to this.
What needs to be addressed is what is a secondhand good, antique etc.
1) do you want a more detailed ordinance
2) do you want specific items to be addressed within the ordinance i.e. exterior
storage display of sale items
3) limit the secondhand sales of operation to specific times
4) different categories defined
This item will be revisited in February 2017.
MISCELLANEOUS ORDINANCE REVISIONS
Alderman White recommended reviewing/revising Chapters 30 and 31.
Discussion...
(C) Duties of members.
(1) While the presiding officer is putting the question, no member shall walk across or out of the
Council chamber.
(2) Every member, previous to his or her speaking, making a motion or seconding the same, shall
rise from his or her seat and address himself or herself to the presiding officer and say “Mr.
Mayor”raise his or her hand and shall not proceed with his or her remarks until recognized and
named by the Chair. He or she shall confine himself or herself to the question under debate
avoiding personalities and refraining from impugning the motives of any other member’s
argument or vote.
(3) When two or more members rise raise their hands at the same time, the presiding officer shall
name the member who is first to speak.
Section 2. That Chapter 31 (Officials and Employees), 31.035 will be submitted to human
resources for clarification of the job description.
Section 31.037 (Inspector of Weights and Measures) is hereby amended by repealing by deletion
said Section 31.037 in its entirety.
Section 3. That Chapter 31 (Officials and Employees), Section 31.079 (Report on Licenses) is
hereby amended by repealing by deletion said Section 31.079 in its entirety.
Section 4. That Chapter 32 (Organizations), Section 32.005 (Personnel, Street Department) is
hereby amended by repealing by deletion said Section 32.005 in its entirety.
Alderman Pusa made a motion seconded by Alderman White to make revisions and submit to
City Council on January 17, 2017.
All members present voted aye.
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Ordinance & Legal Review Minutes
January 10, 2017
ADJOURNMENT
Alderman Pusa made a motion seconded by Alderman White to adjourn the meeting at 7:10 p.m.
All members present voted aye.
/S/ Roger Wigginton______________
Alderman Roger Wigginton, Chairman
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Agenda
AGENDA
CITY OF BELLEVILLE -
ORDINANCE & LEGAL REVIEW COMMITTEE
TUESDAY, JANUARY 10, 2017 AT 6:00 PM
FIRE DEPARTMENT ADMINISTRATION BUILDING
1125 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. Special Ordinance and Legal Review Meeting – November 3, 2016.
7. UNFINISHED BUSINESS
8. MISCELLANEOUS & NEW BUSINESS
8-A. Discussion/consideration of ordinances concerning bus/truck stops.
8-B. Discussion/consideration of ordinances concerning resale/consignment shops.
8-C. Discussion/consideration of miscellaneous ordinance revisions (Alderman White).
30.01 Rules of Council (C) Duties of members (2) Change “shall rise
from…seat”
31.035 Not currently done?
31.037 Inspector of Weights and Measures Needed/revise
31.079 Report of Licenses Needed?
31.085 Ex-Officio Clerk of Board of Local Improvements Needed?
32.002 Board of Local Improvements Needed/accurate?
32.005 Personnel Street Department (A) 25 assistants (B) …appointed by
Mayor with consent… Needed/accurate?
32.055 Human Relations Committee Needed/accurate/update?
32.060 …appointed by Mayor with consent…. Needed/accurate/update?
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)
ORDINANCE AND LEGAL REVEIW AGENDA
JANUARY 10, 2017
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.
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