Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE JUNE 8, 20215: 30 PM HYBRID MEETING Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Wigginton, Alderwoman Eros, Alderman Randle, Alderwoman Stiehl, Alderman Elmore. Staff Present: Mayor Gregory, City Clerk Meyer, City Attorney Hoerner, Lt. Col. Eiskant, Human Resource Director, Seth Miller, City Treasurer, Sarah Bierman. PUBLIC PARTICIPATION Julie Orlet Requesting the noise level downtown to be addressed. She has lived downtown for seven( 7) years. She has had several people ask how she likes living downtown and her response has been " it' s great, it' s like Bedford Falls". It' s nice, you can hear the saxophone from Tavern on Main. In the last year it has become like Pottersville. It' s loud, she witnessed a street brawl. She cannot leave her windows open or sit on her deck due to the noise. She has encouraged people to move downtown to thrive and grow and it' s not a pleasant place to be now. The noise goes from Wednesday— Sunday. She has considered living in Amsterdam, Denver, Nashville and Kansas City. Even in the loudest area in Nashville it' s pleasant and livable. She has traveled to see neighborhoods working and has never come upon this kind of noise. She reached out to a suburb in Chicago and found they have a noise ordinance. She requests the powers to consider putting something in place so that those people that choose to live downtown can enjoy the downtown, leave their windows open. Geri Boyer She submitted her correspondence to the committee so everyone should have had a chance to review the noise study. She hired a professional to come in at the request of her attorney to spend the weekend at her loft without anyone there measuring the noise. It is in violation of the EPA regulations of noise. She spoke with the police and the ordinance in place now is no sound from your property which is part of the nuisance ordinance and it' s hard to enforce downtown. She does not want to hurt any businesses she wants businesses to thrive as well as residential to thrive.  Ordinance& LogW Review Mmuhs June 8, 2021 She is requesting an ordinance that is enforceable and manageable for everyone. She and Copper Fire with their attorneys have been working together. Last Thursday they put the music on in their building and they tested to see if they can hear in the attached building. They are getting familiar with the volumes. We need to get to levels where everyone can co- exist. Karl Gilpin From the get- go when they agreed to take on the project the biggest concern was the amount of noise which would come from 618 Big Daddy' s. Between he and Geri Boyer they have invested the most money on East Main Street as far as mixed-use buildings. They have residences and office space. Often there are vehicles blaring music. He would like a noise ordinance so people can sleep. Bennie Parr He understands the concern regarding noise. He does believe some of this is due to street closures, bands on streets. Bars and restaurants would not want the ordinance; however, they understand with the problems they would request to be involved in the decision making. Paul Petruska He represents Copper Fire. The EPA has established guidelines for this and does not believe that an additional local ordinance will be necessary or even wanted. A business and neighbor dispute should be played out and see how it goes. This has been a long process and recently both parties are working together to work this out. Copper Fire is trying to address the issue and a noise ordinance issue especially in the downtown area can present a huge problem. Dave Schoenborn He agrees with what has been said. The noise problem is much worse with motorcycles and blaring radios. It' s hard to enjoy dining outside. This is not enforced. There are some states that do enforce i.e. Downtown Denver enforces the noise decibels. There are other avenues to help i.e. insulation. Ifyou are building an office building you must make sure the walls are thick. You can build a hotel at the end of an airport runway and not hear the planes. He asks to look at entertainment. MINUTES Alderman Randle made a motion seconded by Alderwoman Stiehl to accept the minutes of May 11, 2021. Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. (5) Page 2 of 8  Ordinmm& Legal Review Min l s J. 8, 2021 UNFINISHED BUSINESS None. MISCELLANEOUS& NEW BUSINESS Consideration of Amendment to Title VII (Traffic Code), Chapter 77( Non-Highway Vehicles), Section 77. 05 ( Permits) ofthe Non-Highway Vehicle Ordinance. Consideration of Amendment to Title IX( General Regulations), Chapter 90 ( Animal Control), Section 90. 27( Registration) of the Beekeeper Ordinance. Consideration of Amendment to Title VII( Traffic Code), Chapter 73 ( Traffic Rules and Driving Regulations), Section 73. 33 ( Hospital Quiet Zones). Discussion... City Clerk Meyer stated she met with Master Sergeant Rust and Detective Wallace to discuss annual reinspection of golf carts. Recommending only one inspection at initial application and if there is a handicap sticker to provide proof. City Clerk Meyer advised this is taking out to register with Public Works and add Health, Housing and Building and address to be removed. City Clerk Meyer advised " quiet noise around St. Elizabeth' s Hospital" was still in the Code. This will be removed. Alderman Randle made a motion seconded by Alderman Stiehl to approve the following motions: Motion to amend Title VII( Traffic Code), Chapter 77 ( Non-Highway Vehicles), Section 77.05 ( Permits) of the Non- Highway Vehicle Ordinance. Motion to amend Title IX( General Regulations), Chapter 90( Animal Control), Section 90. 27 ( Registration) of the Beekeeper Ordinance. Motion to amend Title VII (Traffic Code), Chapter 73 ( Traffic Rules and Driving Regulations), Section 73. 33 ( Hospital Quiet Zones). Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. ( 5) Page 3 of8  Ordinance& Legal Review Mmulei J. 8, 2021 Consideration of Amendment to Title III( Administration), Chapter 31 ( Officials and Employees; General Administration), Section 31. 009 ( Appointment of Employees). Discussion... Human Resource Director, Seth Miller, advised the reason for this is he has been in his current position for a month he understands the restriction residency is causing with being progressive. He has heard " we have always done it this way" however we are coming across a limited pool of applicants and individuals able to work for the City. The City is creating a hardship for certain employees because they cannot sell their home, they fall in a timeline when they must move into the City limits. He is asking to relax the rules for non-union individuals for the radius of St. Clair County. i.e. what better way to open the City. This is a new time, new day after the Pandemic and we are not afraid of change. Mayor Gregory stated part of the issue that has come up with people that are applying forjobs and the appointee position some employees are required to live in the City and some employees don' t have to live in the City. This has caused questions and comments from employees. Alderman Wigginton asked the pros and cons; Mayor Gregory stated we are getting people that are already working for the City. If we had it a fair way across the board and we would have the opportunity to bring in fresh ideas and get people that would apply for the position. The Economic Development position will be difficult to fill, and we will have to bring in people that live in other areas and hopefully they will be prone to move to our City. Alderman Wigginton stated if you work for the City you should live in the City; Mayor Gregory stated that has been in surrounding communities. With progression and progress made with the internet, during the Pandemic. There were so many people working from home even in our own employment. There are many employees that will not be going back to their offices. Alderwoman Stiehl recommended changing you must become a resident within 15 months to St. Clair County. Alderman Randle stated what is being proposed is that any person hived on a full-time basis by the City must reside within St. Clair County within 15 months. Alderman Elmore stated he does not have a problem with the 15- month timeframe. There can be flexibility with employees depending on the market. Alderman Elmore advised he has heard from current employees that there is a bitterness about being treated unfairly. Some feel they were denied to buy or sell while someone else were allowed too. Alderman Randle stated he works for one of the largest financial firms around and they attract talent from all areas. They have no restrictions where people should reside. He feels the City is Pege 4 of 8  Ordi..& Legal Review M.n June 8, 2021 holding back from employing the best and brightest. Especially younger folks that will bring knowledge. He hates that we would restrict talent based on location. Alderman Wigginton recommended taking down the boundaries and pull the surrounding area. Alderman Randle mentioned the first responders and that will need to be addressed. He recommended going out to 18 months. City Attorney Hoemer advised this applies to non-union employees. Most employees are in collective bargaining units. Please keep in mind this will at some point impact union employees. Human Resource Director, Seth Miller, stated great points have been made; however, at the end ofthe day, he wanted to bring forth a new change because if we don' t, we will stay stagnate because of fear. Our neighbor the City of O' Fallon does not have these restrictions. Alderwoman Eros stated she likes all the positive; however, the negative she was hearing was in response to the first responder time. The language needs to specify certain employees, certain departments. We need to consider certain positions. Alderman Elmore stated since 2009 he has been a big proponent of hiring within the City and wanting City employees living in the City. This is 2021, it' s time to move forward. Alderman Randle made a motion to approve seconded by Alderman Elmore to amend Title III Administration), Chapter 31 ( Officials and Employees; General Administration), Section 31. 009 Appointment of Employees) with changing 15 months to 18 months. Lt. Col. Eiskant stated you must consider whether this is the street department, police department etc. If you have two appointed officers that are required to live in the City and you have Captains and below that don' t have to live in the City the next progression would be Asst. Cbief, Chief, Director of Public Works, and then they find a stopping point because they don' t live in the City. Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. ( 5) Consideration of Amendment to Sections 31. 007 and 34. 005 of the Revised Code of Ordinances to Incorporate the Qualifications- Based Selection Process for Architects, Engineers and Land Surveyors set forth in the Illinois Local Government Professional Services Selection Act( 50 ILCS 510/, et. seq.) Mayor Gregory stated the reason why this was brought up is because she has always known that no bid contracts for professional vendor services is correct. You can have no bid contract however, you must have Quality Base Review with Federal money. First, we have several firms in our City, we have had firms move out of our City. We can ask for submittals for Quality Base Review and the selection committee can choose three firms of various fields. This will be information that can save the City money. Page 5 0f8  Ordinance B: Legal Review Minutes lune 8, 2021 City Attorney Hoemer stated there is a local government Professional Service Act. It applies to municipalities, counties, school districts etc. It exempts home rule municipalities. He sees no harm in it. A sentence can be added adopting the process. He recommended to school districts to use the Professional Services Act as a model. Mayor Gregory asked City Attorney Hoemer those school districts that followed the Quality Base Review saved money in the end; City Attorney Hoerner advised you have a better product. Alderwoman Stiehl stated she is in favor of the Quality Base Review. Alderman Randle asked if there is a timeframe in which the rating system should occur; City Attorney Hoerner advised the ranking system only applies to specific projects. Mayor Gregory stated she would like to see the City do this by project; City Attorney Hoemer advised that is what the law requires unless you have a satisfactory relationship. Alderman Wigginton asked who would be on the selection committee; Mayor Gregory stated she hopes it will be like the Planning Commission. Where you will have a combination of City employees and professional individuals. Alderman Randle stated the Act spells out the City Engineer in part of the process. City Attorney Hoemer recommended adopting the Statute and determine the composition of the committee later; Alderman Elmore concurred. Alderwoman Eros asked what the request for qualification will look like; City Attorney Hoerner advised it is project driven and is usually done administratively. The response does not contain financials it only contains experience/qualifications. Alderman Wigginton advised this will be a fair process which will be open to all firms. Alderman Elmore made a motion seconded by Alderwoman Stiehl to approve the amendment to Sections 31. 007 and 34.005 of the Revised Code of Ordinances to Incorporate the Qualifications- Based Selection Process for Architects, Engineers and Land Surveyors set forth in the Illinois Local Government Professional Services Selection Act( 50 ILCS 510/, et. seq.) Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. ( 5) Consideration of Incorporation Removal Provisions for Chapter 32 ( Organizations) to include Historical Preservation Commission, Downtown Belleville Development and Redevelopment Commission, Library, Planning Commission and the Playground and Recreation Board. City Attorney Hoemer advised under Chapter 31. 059 is a revision made in 2017. This says the Mayor can appoint and the Mayor can remove. Page 6 of 8  Ordmmm& Legal Review Minutes J.. 8, 2021 Alderwoman Eros asked why this is being done; City Attorney Hoemer advised there was an inequity regarding this section, and it was discovered it only contemplated officers and so in the absence of any other provision there is no basis to remove/replace. Alderwoman Stiehl made a motion seconded by Alderman Randle to approve the Incorporation Removal Provisions for Chapter 32 ( Organizations) to include Historical Preservation Commission, Downtown Belleville Development and Redevelopment Commission, Library, Planning Commission and the Playground and Recreation Board. Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. (5) Discussion of a Local Noise Ordinance. Lt. Col. Eiskant advised over the last six months the Belleville Police Department has had a range of complaints throughout the City and downtown. Throughout the City there were 312 noise complaints for the 12 months. The noise complaints range from loud vehicles, loud music in their apartment. There was talk earlier of the noise of vehicles downtown and placement of an officer at an intersection. Out of the 312 calls only two of those were downtown directed at Copper Fire. Most of the complaints are generated from residential areas not commercial areas. The Police Department has received six or seven complaints that were reported to a patrolman that went out to investigate the noise from bands. Initially the officers would go out and determine if the noise was reasonable or unreasonable. If you look at all the policies and procedures for law enforcement and many of case law from the Supreme Court most law enforcement is based on reasonable or unreasonable. Regarding Copper Fire the first four or five times it was deemed unreasonable amount of noise. The Illinois EPA has standards of decibel that are allowable to emit. It talks about a commercial business emitting a certain amount of sound onto a residential premise and vice versa The decibel reader the police department has goes from a range of 50- 8000. The ] EPA allows decibel levels are 72 decibels before 10: 00pm and 63 decibels after 10: 00pm. When the officer took the decibel reading in May is was in the low 60s. Ms. Boyer had a company come out and measurer at different hertz with much better equipment. After researching several jurisdictions on noise; they use reasonable or unreasonable standard. Something he did find in their ordinance that we don' t have is timeframe. You cannot emit noise over your property on certain days with certain times. Lt. Col. Eiskant recommended inserting times in the ordinance. Alderman Elmore advised there is a bar on the East end, and they are using an outdoor Dl. Alderman Elmore advised when Wing in other communities he had to tum off the sub at 10: 00pm and recommends doing a test in Belleville. Pogo 7 of 8  Ordnance& Legal Review Minutes bm 8, 2021 Lt. Col. Eiskant stated St. Clair County uses an ordinance that states noise emanating from any use shall not be at such volume or frequency as to be unreasonably offensive at or beyond the property lines. Alderwoman Stiehl stated she has received several phone calls, entails and she researched noise levels through OSHA. OSHA states any decibel above 70 should not be allowed for more than two hours at a time. Alderman Randle stated he was downtown Saturday night and it was a scene from American Graffiti or Hollywood Nights it was cruising the miracle mile. The number of people running the four-way stop sign at Jackson/ East Main Street was terrifying. He enjoyed the band but enjoyed the band a lot more a half a block away. Allowing the business owners to be a part of the decision making is worthwhile. Alderman Randle recommended Lt. Col. Eiskant to chair the meeting and invite the individuals from downtown. Lt. Col. Eiskant advised he will be looking at other communities i. e. Washington Street in St. Louis, Delmar Loop. Alderman Wigginton asked how we will get the people together to discuss; Mayor Gregory advised you can use Belleville Main Street and the Chamber. Alderman Elmore requested the Human Resource Director, Seth Miller, be included in the meeting. Alderwoman Eros recommended including bars/restaurant throughout the City. Mayor Gregory would like Gigi Urban-Dowling included in the meeting. Gigi Urban-Dowling will schedule an advisory meeting with businesses that hire musicians and notify all parties. ADJOURNMENT Alderman Randle made a motion seconded by Alderwoman Stiehl to adjourn the meeting at 7: 30 p.m. Members voting aye on roll call: Eros, Randle, Stiehl, Elmore, Wigginton. (5) Aldemtan Roger Wiggi ton, Chaimran Page 8 of 8