Belleville City Council sends proposed use agreement to attorney

An agreement for use of the Fourth Street Square for outside dining for Egan’s Pub customers and other businesses until Sept. 21, 2024 has been sent to the Belleville city attorney to prepare.
At the Nov. 2 Zoom meeting of the Belleville City Council, the council voted unanimously to approve the concept and have the use agreement put into legal shape by the attorney. Then it will be circulated among council members and brought back to the council for action at the next meeting, Nov. 16.
The user agreement would be between businesses and the city and it would specifically outline the designated space, schedule of operation, seating plans, maintenance, special events, and cost for utilization.
John Winter of Egan’s Pub said the city supervisor has allowed them to have outside seating. He said they want to use igloos or a greenhouse concept this winter and needs an agreement that would allow Egan’s to operate in the Fourth Street Square.
He said igloos are 16 to 18 feet long and that, or a tent, would extend into the Fourth Street Square.
“We’re looking for the city council to allow us to use space until further notice until DORA sunsets,” Winter said, referring to the Designated Outdoor Refreshment Area approved by the State Legislature and the City of Belleville. “That would allow us to get more people in … to survive and others who have the DORA permit to survive.”
He said they would vacate the area for use by other community groups for their regular events.
Councilman Ken Voigt said he was not sure about extending this agreement to 2024.
DPW Director Rick Rutherford voiced concerns about stakes for these structures and if the user would be liable for repairing any damage to the Fourth Street Square.
Mayor Kerreen Conley said they may not need stakes and the structures could be secured by weights.
Winter said they don’t want to include stakes or anything that would cause damage. He said they would repair any damage and, “We want to be a good neighbor … Not impede other people to survive, make money, and raise funds.”
“It should be addressed in the user agreement,” said Councilman Voigt. “If there are no stakes, it is not an issue … We set a precedent when we approve things.”
“Stakes? That’s way too much work and I’m lazy,” joked Winter, noting there will be no stakes.
When asked how soon Winter needed approval of the agreement, he said DORA is set to sunset on Sept. 21, 2024 and they have to apply to the state by the 30th of November to get approval at no cost to him.
Voigt asked if there was any COVID grant money they could use to cover the attorney fee or the user agreement.
City Manager Tracey Schultz Kobylarz said she didn’t know, but she will look into it.
In other business at the 56-minute meeting, the council:
• Approved accounts payable of $63,620.31 and the following purchases in excess of $500: to Blue Ribbon Contracting, $2,942.50 for emergency road repair from water main break and to Design Print Banner LLC, of Lawrenceville, GA, $591.77 for the Veterans Memorial Banners;
• Heard City Manager Kobylarz say the next day was Election Day and as of Monday, 87.7% of the absentee ballots had been returned to the clerk’s office. She said they had 12 voters at a time waiting in the entryway all day Monday until they locked the doors at 4 p.m. It was the same on Saturday when the clerk’s office was open for voters, she said; and
• Learned Pioneer Landscaping will begin cleanup with overgrowth, weeds and trees behind city hall and the party store this week end. Also trees have been removed form the DPW site. Sidewalk repairs in the city will continue in the spring. Kobylarz said sidewalk and brick work is well under way at Doane’s Landing. The retaining wall is completed and they are just waiting on the block for the decorative front. Grading is nearly completed for the sidewalk.