Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS SEPTEMBER 25 2018 5: 30 PM rescheduled form September 11, 2018) Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderwoman Pusa, Alderman Hazel, Alderman Randle, and Alderman Wigginton. Aldermen absent on roll call: Alderwoman Stiehl. Guest Alderman on roll call: Alderman Ovian. Staff Present: Mayor Eckert, City Attorney Hoerner, City Clerk Jenny Meyer, City Treasurer Hardt, Electrical Inspector, Ken Bassler, Police Chief Clay. PUBLIC PARTICIPATION Michael Hagberg Regarding the proposed changes to the convenience store. Ordinances should be written with clear language. In the proposed ordinance you use the term " they cannot have a security guard if they ensure the following measures below between the hours of 10: 00 p. m. - 5: 00 a. m." and then you say " two or more employees are recommended". You are saying you ensure something but then it' s recommended. The word recommended should not be in there. It does not belong in an ordinance because it is vague... " well we had one employee because you only recommended it...we didn't know we really needed it. Mr. Hagberg recommended the ordinance to read " two or more employees". Have the convenience stores within the city been notified of this change so they can come to the committee and give you their input and feelings? Mr. Hagberg stated he had to file an FOI to compel the city to turn over the documents in order to find out what was in the meeting. MINUTES Alderwoman Pusa made a motion seconded by Alderman Hazel to accept the minutes of August 16, 2018. All members present voted aye.  Ordinance& Legal Review Minutes September 25, 2018 UNFINISHED BUSINESS None. MISCELLANEOUS & NEW BUSINESS Consider amending Ordinance Title XV ( Land Usage), Chapter 151 ( Electrical Code), Section 151. 47( Reciprocity). Discussion... Electrical inspector, Ken Bassler, stated in the housing office receives phone calls from contractors not licensed with the City of Belleville. They reference the ordinance regarding reciprocity clause. The City of Belleville has no reciprocity with any other municipality. This is a moot point. The Electrical Commission took action to recommend to this committee that it be removed from the ordinance. Alderwoman Pusa made a motion seconded by Alderman Hazel to amend Ordinance Title XV Land Usage), Chapter 151 ( Electrical Code), Section 151. 47 ( Reciprocity). Members voting aye on roll call: Pusa, Hazel, Randle, Wigginton, Mayor Eckert. ( 5) Consider amending Ordinance Title XV ( Land Usage), Chapter 157. 10 ( Flood Plains), Section 147. 10 ( Protective Buildings). Discussion... Alderman Wigginton reference language regarding storage shed. Alderman Randle stated in his neighborhood a resident has four storage sheds on a property. Alderman Randle stated it looks like a storage lot instead of a single family residence. Alderman Hazel asked if the 30% improvement on a lot would cover the issue. Alderman Randle corrected Section to be 157. 10. Alderman Randle made a motion seconded by Alderman Hazel to approve amending Ordinance Title XV( Land Usage), Chapter 157. 10 ( Flood Plains), Section 157. 10 ( Protective Buildings). Members voting aye on roll call: Pusa, Hazel, Randle, Wigginton, Mayor Eckert. ( 5) Consider amending Ordinance Title XI ( Business Regulations), Chapter 113 ( Special Sales; Personal Sales), Section 113. 001 ( Secondhand Dealers). Discussion... Page 2 of 4  Ordinance& Legal Review Minutes September 25, 2018 City Attorney Hoerner stated this will allow businesses that derive 50% of sales from new goods to operate without second hand dealers license.Alderman Randle asked if this excludes auction houses; City Attorney advised auction houses are under periodic sales. Alderman Hazel stated the city lost a business due to the limitation; therefore, he is in favor. Alderman Hazel made a motion seconded by Alderwoman Pusa to approve amending Ordinance Title XI ( Business Regulations), Chapter 113 ( Special Sales; Personal Sales), Section 113. 001 Secondhand Dealers). Members voting aye on roll call: Pusa, Hazel, Randle, Wigginton, Mayor Eckert. ( 5) Discussion on Convenience Store Code Ordinance. Discussion... Alderman Wigginton stated he brought this forward due to the convenience store on 74th Street. Chief Clay advised he is not presenting this; however, there was a discussion in 2015 and it was agreed, at that time, to address those convenience stores that were having problems. Mayor Eckert stated he does not want to many restrictions and the city does not want to be perceived to be dangerous in some areas. Back in 2015, there were restrictions on alcohol, inside sales, pass through requirements to four convenience stores and since that time there have been very few problems. Chief Clay stated in three years 7406 West Main has had three different robberies and the Circle Ks have had a total of 15 armed robberies. Chief Clay stated the South 74th Street location has had one robbery a year... 2016, 2017 and 2018. Alderman Wigginton referenced loitering and stated the loitering is a deterrent for customers. Alderman Ovian requested meeting with the regional manager of Midwest Petroleum. Chief Clay advised this store has not been addressed; however, he can take a look. Alderman Hazel stated this should be based on calls of service. One person loitering is another person' s customer. He does not want to close a place down because there is a disagreement of who is standing on their lot. Alderman Hazel stated the mayor and chief need to address this and allow businesses to operate without blanket ordinances. Alderman Randle stated the template is in place and has been effective; therefore, let the police and administration do their jobs. Alderman Ovian is concerned with the number of employees. Page 3 of 4  Ordinance& Legal Review Minutes September 25, 2018 ADJOURNMENT Alderwoman Pusa made a motion seconded by Alderman Hazel to adjourn the meeting at 6: 14 p. m. All members present voted aye. 4 L-) t,,A Al e an Roger WigWon, on, Chairman Page 4 of 4