BELLEVILLE — Some aldermen want the city to put up a fence around a downtown site destroyed by a fire two years ago before Friday's Santa Parade.

But Mayor Mark Eckert said the city should adhere to attorney's advice to leave the site alone because of ongoing litigation.

The City Council will decide Monday whether to approve an emergency expenditure of up to $7,000 from TIF No. 17 for Belleville Fence to put up a 6-feet chain link fence around the site.

A proposal from Belleville Fence estimated the work to cost about $4,000, not including any excavation, clearing or grading work.

City officials discussed the issue during a Finance Committee meeting before referring the proposal to the full City Council, which meets at 7 p.m. Monday at City Hall, 101 S. Illinois St.

Ward 7 Alderman Phil Elmore said he wants the city to put up construction panels to cover what's known as the "hole" at South Jackson and East Main streets to make the area more presentable during the holiday season.

Also, with the many shoppers that will walk through downtown, such action would also protect the city from potential liability, Elmore said.

Eckert said the city put up a temporary, orange-colored plastic fence, a "no trespassing" sign and wooden "City of Belleville" barricades to alert passers-by, but mostly left the area alone as attorneys advised.

Property owner Ronnie Phillips sued the city for unlawfully tearing down his commercial building after a fire in May 2010.

The city then countersued Phillips, asking a judge to force Phillips to pay for demolition and debris removal at his lots.

Eckert said the city's attorney's advice is to leave the area alone until a judge decides which party is responsible for the cleanup.

A hearing was Oct. 29 and attorneys believe the judge will likely issue a ruling this month, Eckert said.

Elmore said that even if the judge rules in the city's favor, it might take several months for Phillips to act.

"The mayor says it's political but it's not," Elmore said. "At what point do you say enough is enough? It's long overdue. At least now there's still time to do it before the Christmas parade."

Ward 8 Alderman James Musgrove said he thinks it's "foolish to go against the lawyer," especially when the city will get a decision from the judge soon.

Eckert said the city should wait for the judge's decision before spending taxpayer dollars. And, he said the city shouldn't suddenly spend several thousand dollars on the site when the city's stance all along has been that it won't pay for the cleanup.

"It's not in the budget," Eckert said. "It's not even our property."

But Ward 5 Alderman Joe Hayden said the mayor's leadership has exposed the city for two years to potential lawsuits because the temporary fence is not strong enough -- and likely would not stop a small child from falling in.

"We should be counting our blessings every day ... that nobody has fallen into that hole," Hayden said.

Eckert said no one drives around the city more than he does to check on liability issues. He also said no one knew the lawsuit would take this long; he would have done something about the appearance of the "hole" if he could have because of the criticism he hears.

Hayden said he asked for the city to put up a temporary barrier artists could decorate.

Eckert said Hank's Excavating and Landscaping "initially put up a wooden fence around the hole, but they took it down when they were kicked off the job."

Hank's has not been paid. Last year, State Farm wrote a $47,583 check to Phillips and the city to pay for part of Hank's work, but Phillips has not endorsed the check.

Phillips believes the mayor demolished his property without a required 15-day notice, a court order and notification to the Illinois Environmental Protection Agency.

The city believes the Illinois Municipal Code gives the mayor the right to remove a dangerous structure and recoup costs from the property owner.

Ward 7 Alderwoman Lillian Schneider said the mayor should not have had the building torn down in the first place.

"But if you have authorization to tear it down for safety, why can't you put up a fence for safety?" Schneider said.

Contact reporter Jacqueline Lee at jlee@bnd.com or 239-2655. Follow her on Twitter at twitter.com/BNDBelleville.

Contact reporter Jacqueline Lee at jlee@bnd.com or 239-2655. Follow her on Twitter at twitter.com/BNDBelleville.