Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE SEPTEMBER 10, 2019 6: 00 PM Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Hazel, Alderwoman Stiehl and Alderman Wigginton. Aldermen absent on roll call: Alderwoman Pusa, Alderman Randle. Staff Present: Mayor Eckert, City Clerk Meyer, City Treasurer Hardt and City Attorney Hoerner, Assistant Chief of Police, Matt Eiskant, Interim Director of Residential and Commercial Development Services, Annissa McCaskill. PUBLIC PARTICIPATION None. MINUTES Alderman Hazel made a motion seconded by Alderman Stiehl to accept the minutes of July 9, 2019. All members present voted aye. UNFINISHED BUSINESS None. MISCELLANEOUS & NEW BUSINESS Alderwoman Stiehl made a motion seconded by Alderman Hazel to approve amendments to Section 162. 357( Act Prohibited) and 162. 358 ( Design Review Request Required) of Chapter 162 ( Zoning Code) of the Revised Code of Ordinances of Belleville, IL. Discussion... City Attorney Hoerner stated this is a proposed amendment that is related to an issue that was brought by the assistant city attorney on demolition. This is to clarify " design review". Mayor Eckert advised by this point everyone has been notified of the condemnation, this has gone to court; therefore, there is no reason to take it back to design review. Members voting aye on roll call: Stiehl, Hazel, Wigginton, Mayor Eckert. ( 4)  Ordinance& Legal Review Minutes September 10, 2019 Alderwoman Stiehl made a motion seconded by Alderman Hazel to approve amendments to Chapter 154 ( Property Maintenance Code) Sections 150. 40 through 154. 55 ( Crime Free Housing) of the Revised Code of Ordinances of Belleville, IL. Discussion... Assistant Chief Eiskant stated there are two separate items to discuss ( 1) if there is a change of ownership the police department must be notified within seven ( 7) days; ( 2) on an emergency the management company or landlord will have two ( 2) hours to respond and on a non- emergency they will have eight ( 8) hours to respond. Alderman Hazel asks if this only applies to apartment complex was; Assistant Chief Eiskant stated it applies to all rentals. Alderman Hazel asked if two hours an unnecessary burden; Assistant Chief Eiskant stated the ordinance already stated they must reside within 50 miles. City Clerk Meyer asked if the example of the paperwork is required to be kept with the ordinance; City Attorney Hoerner advised you can refer to " form can be provided by department". City Clerk Meyer recommend removing the forms from the ordinance and reference they can be found elsewhere. City Clerk Meyer recommended adding owner, local landlord, managing agent or designee for consistency. Members voting aye on roll call: Stiehl, Hazel, Wigginton, Mayor Eckert. ( 4) Discussion of Chapter 154 ( Property Maintenance Code) Sections 154. 70 through 154. 99 Vacant Property Program). Interim Director of Residential and Commercial Development Services, Annissa McCaskill stated this ordinance was discussed in the Health and Housing committee and there are a few items that are problematic with the language of the pilot program. One of the items is vacant building demolition stating the building commissioner should evaluate any and all buildings. The numbers of buildings being placed on the building commissioner and the language is broad as vacant/unoccupied. We are recommending this be changed to a complaint basis. Alderman Hazel stated when the ordinance 1) what the housing department has was passed ( traditionally done to take care of unoccupied/vacant homes. What the council created was a pilot program and at that time each alderman was to submit two ( 2) property that would be made part of the program. The pilot program was a much larger animal that incorporated what was traditionally done and adding teeth into being able to track the properties. What happened with the ordinance is it didn't get written as a pilot program and has created something much larger than what our housing department can handle. Page 2 of 5  Ordinance& Legal Review Minutes September 10, 2019 Interim Director of Residential and Commercial Development Services, Annissa McCaskill stated a vacant building is a building stepping through the code enforcement process i. e. not secure, problematic property, been complained about and in most cases is under citation. To say someone must register an unoccupied property is a misnomer. Interim Director of Residential and Commercial Development Services, Annissa McCaskill requested she and the city attorney be able to meet and discuss what the staff has proposed. If there is an unoccupied home does not necessarily it' s considered vacant. Alderman Wigginton asked about workload; Interim Director of Residential and Commercial Development Services, Annissa McCaskill advised if the housing inspectors were able to help it would help the building commissioner. The housing inspectors are not handling code enforcement nor grass complaints so they can assist. Interim Director of Residential and Commercial Development Services, Annissa McCaskill will meet with city attorney to review terminology, streamline and come back to committee with recommendations. Discussion/ consideration of ordinances concerning cannabis regulation and taxation. City Attorney Hoerner stated this is in response to the recently enacted Cannabis Regulation Tax Act and how it could/ will impact municipalities including Belleville. The state regulation of the use in possession of the act and much of it is outside the realm of what the city can do. The city can mimic those regulations but there are certain things the city will not be able to prevent. City Attorney Hoerner read portions of the Act and disseminated copies to the committee. The first question is based upon your ability to enact an ordinance whether it is to prevent, limit establishments and how the zoning is handled. A municipality may impose a sales tax not to exceed 3% of the purchase price, the county may impose 3. 75% of the unincorporated areas and any non- home rule county can impose . 75% sales tax on top of your sales tax with establishments located within a municipality. The city cannot prohibit the use/ possession of cannabis; therefore, how do you want to address it in the city. Alderman Wigginton suggested using the guideline from IML; City Attorney Hoerner advised that is a great guideline; however, there are decision you must make i.e an ordinance prohibiting cannabis businesses within the city, zoning ( similar to the adult use ordinance), determine what if any additional use area. As of January 1st, the only businesses that will be able to operate are those that are already operating medical dispensaries. Page 3 of 5  Ordinance& Legal Review Minutes September 10, 2019 Mayor Eckert stated a dispensary will bring in a lot of revenue; City Attorney Hoerner advised he heard anywhere from $250, 000 to a million. Alderman Wigginton asked if there is a limit as to how many dispensaries the city can have; City Attorney Hoerner advised there is a state limit on the number of licenses that will be issued. The council can set their own limit as to the number. City Attorney Hoerner stated there are different ways to address this but( 1) do you want them; ( 2) if so, how many and where; ( 3) what do you want to do about the use. Alderman Wigginton asked Assistant Chief Eiskant his opinion; Assistant Chief Eiskant stated if we do not allow this is can go to Swansea, Fairview Heights and will still be local. There have been conversations with other departments and there is no opposition since cannabis is already being used. Alderman Hazel stated the city needs this and the restrictions regarding zoning does not need to be as restrictive regarding zoning as we were with the adult entertainment industry. The zoning should be limited to commercial C- 1/ C- 2 by variance for special use and there the city will have control. Alderman Wigginton asked Alderman Hazel why he wants this; Alderman Hazel stated for one he wants to be on the cutting edge, and he wants the tax dollars the other cities are kicking out. This is an opportunity for the City to be able to collect the tax dollars and where we want to place the tax. Alderwoman Stiehl stated she is also in favor and referenced the State of California. Assistant Chief Eiskant stated the only problem is if the cannabis is smoked in public; however, that has no bearing on the dispensary. Alderman Wigginton asked if there is a timeline; City Attorney Hoerner advised it can go live January 1, 2020. This is something that needs to be addressed sooner rather than later. There is going to be an issue when you are required to implement the tax ordinance and because the window with the current statute has passed ( June 1 st) and this bill was signed on July 5th. This will have to be amended. Alderman Wigginton stated Belleville is a very conservative city and recommended using the Newsletter to reach out to residents to let them know the process; Alderman Hazel disagreed and pointed out the discussion tonight is regarding dispensaries and not whether or not who can smoke marijuana...that decision has been made and don't confuse the two. Alderwoman Stiehl and Alderman Hazel concurred to move this forward. Page 4 of 5  Ordinance& Legal Review Minutes September 10, 2019 ADJOURNMENT Alderwoman Stiehl made a motion seconded by Alderman Hazel to adjourn the meeting at 7: 10 p. m. All members present voted aye. LA o Alde an Roger 6Vihginton, Chairman Page 5 of 5