Metro East Sun

City of Belleville Ordinance & Legal Review Committee met December 27.

Here is the minutes provided by the Committee:

Alderman Wigginton called the meeting to order.

Aldermen present on roll call: Alderwoman Pusa, Alderman Hazel, Alderman Randle, Alderman Wigginton, Alderwoman Stiehl.

Staff Present: City Attorney Hoerner (via teleconference), City Clerk, Jenny Meyer, City Treasurer, Dean Hardt, Mayor Eckert and Director of Director of Economic Development, Annissa McCaskill.

Public Participation:

Elizabeth Wissbaum

What are ministers allowed to do in their homes i.e. prayer circles, mediation gatherings. Mayor Eckert stated staff will research and advise accordingly.

Minutes:

Alderman Hazel made a motion seconded by Alderman Randle to accept the minutes of October 25, 2017.

All members present voted aye.

Unfinished Business:

None.

Miscellaneous & New Business:

Discussion on Adult Entertainment Businesses

Discussion.

City Attorney Hoerner stated the city currently has Chapter 131 in the city ordinances which addresses obscenity. Some of the issues across the state and country are various constitutional challenges to blanket prohibition on adult uses or adult entertainment. There are two avenues to address to ensure that the uses are properly prohibited where necessary and/or regulated. Does the city want to be proactive or reactive?

This is a two prong approach (1) Zoning: it is permissible to limit these types of uses to certain Zoning districts and prohibit them within certain distances with other Zoning districts; (2) licensing: once you have created a Zoning limitation this would require a business license.

There would be limitations on the sale of alcohol, limitations on the hours of operation, limitation on the employees.

If the city is reactive instead of proactive the only avenue would be after the fact to institute some limitation.

Alderman Hazel asked if the city must allow this type of business; City Attorney Hoerner stated there have been constitutional challenges to the blanket prohibition and one of the risks you try to avoid is someone coming forward and the city rejects and then they are successful in their challenge. Then the city will have a business that is not regulated.

Alderman Wigginton asked why is the city choosing light industry as opposed to light/heavy commercial; City Attorney Hoerner stated across the state often time they put this in industrial areas because they are the further away from residential. There is nothing that states the city must go this direction; however, that is how most municipalities handle it.

Director of Economic Development, Annissa McCaskill provided all regulations and maps. Currently Ward 4 is the only ward that does not have industrial regulations.

City Attorney Hoerner stated if you do this by special use there is another determination to be made if that particular property in that particular Zoning district is suitable for the use.

Mayor Eckert stated he and the Director of Economic Development, Annissa McCaskill, have discussed the Belle Valley Industrial Park as the best area.

City Attorney Hoerner will research and bring for a proposed ordinance.

Discussion on Approving and Signing Executive Session Minutes

City Clerk Meyer stated the executive session minutes are not taken to council for approval prior to releasing them; therefore, over the years it has been different clerks. City Attorney Hoerner stated historically the city council has not approved executive minutes until such times they were released. The council can approve executive session minutes along with the approval of regular minutes. City Attorney Hoerner recommended bringing executive session minutes for approval as to their form at the next regular meeting along with the regular minutes and then during the semi-annual review it would be determined at that time if they are suitable for release or remain confidential.

City Attorney Hoerner stated the Open Meetings Act requires the council to approve the regular meeting at the next meeting; however, it is silent on how to handle executive session minutes.

New Business:

Alderman Randle stated the council passed the tax levy to cover the pensions. Alderman Randle asked if the committee can take up tax reform measures in the form of a possible Resolution to our representatives and senators to address the pension concerns. Mayor Eckert stated he received a handout from IML that he will disseminate on January 2, 2018. Discussion for possible tax reform will be placed on the next Ordinance and Legal agenda.

Adjournment:

Alderman Hazel made a motion seconded by Alderwoman Pusa to adjourn the meeting at 6:17 p.m.

All members present voted aye.

http://www.belleville.net/AgendaCenter/ViewFile/Minutes/_12272017-1605