Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE JANUARY 14, 2020 6: 00 PM Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Haul, Alderman Randle, Alderwoman Stiehl and Alderman Wigginton. Aldermen absent on roll call: Alderwoman Pusa. Guest Aldermen present on roll call: Alderman Ovian and Alderman Elmore. Staff Present: Mayor Eckert, City Clerk Meyer, City Attorney Hoemer, Assistant Police Chief, Matt Eiskant; Director of Residential and Commercial Development Services, Annissa McCaskill, City Planner/ GIS Coordinator, Joel Glasscock; Assistant Fire Chief, JP Penet; Electrical Inspector, Electrical Inspector, Ken Bassler; Building Commissioner, Jeff Heidom; Chairman of Belleville Electric Commission, Gary Sheerin. PUBLIC PARTICIPATION None. MINUTES Alderman Randle made a motion seconded by Alderwoman Stiehl to accept the minutes of November 13, 2019. All members present voted aye. UNFINISHED BUSINESS None. MISCELLANEOUS & NEW BUSINESS Discussion and possible motion to approve an ordinance amending Title XI ( Business Regulations) by adding Chapter 124 ( Used Car Dealers), Sections 124. 001 through 124- 06. City Clerk, Jenny Meyer, advised staff met to review suggestions and concerns from Aldermen regarding used car lots. There is an inventory list in your packet of what was compiled. With the findings it is recommended the used car lots be required to obtain a business license, no car lot will be grandfathered in; they will have to comply by May 1, 2021. The biggest items were  Ordinenu& Legal Rcvzm Minces January 13, 2KD dust-to- dawn lighting, sizing for parking, a limit has not been set. It was determined a limit is not required due to the fact there were not many. Alderman Randle asked for the square footage and formula to be explained; Joel Glasscock explained this is not a made- up number it is from the off-street parking code. When you look at open lot space on an asphalt parking lot area for one( 1) car is 375 square feet and that number has been applied to the used car lot. The Zoning Code differentiates off street parking as a separate item than a used car lot. Example: JC Auto Sales, 1900 West Main currently has 57 vehicle which allows for 364 square feet per vehicle; therefore, they would have to reduce by two vehicles. Alderman Hazel asked when the 375 square feet was determined it would allow 9 3/ 4x19 per space; however, 10x20 is 200 square feet. Are you measuring the total property in its entirety and then taking into consideration 50% is approved in puking and aisles? The lot area is surface area where a vehicle can be parked. This is for the parking space and will allow for safety. Will this ordinance be subject to a variance; Joel Glasscock advised it will not be. Alderman Ovian stated he is concerned with Top Gear located at 4501 North Belt West. This car lot is tight with cars. Joel Glasscock advised their maximum allowed vehicles is 43 vehicles; therefore, they will have to reduce their vehicles by seven ( 7). Top Gear purchases salvage vehicles weekly; therefore, is a used car dealership and as a repair garage. Alderman Randle inquired about Oliver C. Joseph and Cardinal Buick parking on the grass and Kennedy on 74" Street parks vehicles on the grass. City Clerk Meyer advised Oliver C. Joseph and Cardinal Buick are not parking their used vehicles on the grass only new vehicles. Alderman Randle did not see in the ordinance where lots would have to be closed by fence posts, gates. Assistant Police Chief Eiskant advised they pulled data for three years for all reports and all call outs. They found there are 22 lots and 27 reports over three years which are low numbers. 17 of those 27 reports were Oliver C. Joseph and Cardinal Buick. Out of 20 lots there were only 10 calls for service that initiated a report over three years. Alderman Randle requested the lots that needs repairs to their fencing, gates to be brought up to code. Alderman Randle asked if there is a requirement on how salvage vehicles can be sold in the State; Assistant Police Chief, Matt Eiskant stated yes; Alderman Randle asked how is a salvaged vehicle identified; Assistant Police Chief, Matt Eiskant, stated he is not familiar with all of the guidelines and that is enforced by the Secretary of State police. Alderman Randle addressed derelict vehicles on the gravel lot at Oliver C. Joseph; Assistant Chief of Police Eiskant advised this will fall under the derelict vehicle code and can be addressed. Page 2 of6  Ordinance& Legal R Morales x January 13, 2020 Alderman Randle made a motion seconded by Alderwoman Stiehl to approve an ordinance amending Title XI ( Business Regulations) by adding Chapter 124 ( Used Car Dealers), Sections 124. 001 through 124- 06. Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Mayor Eckert. ( 5) Discussion and possible motion to approve additions/ amendments to Chapter 150( Building Code; Building Regulations) Sections 150. 32( N)( Solar Energy Systems), 150. 38( L) (Electric Permit Table), 150. 38( 0) (Residential Solar Energy Systems Permit Table 1) and 150. 38(P) Commercial& Industrial Solar Energy Systems Permit Table 1). Building Commissioner, Jeff Heidom, referred to a proposed fee schedule that can be forwarded to the public regarding residential/commercial solar panels. The fee schedule is based on information obtained from St. Clair County. Director of Residential and Commercial Development Services, Annissa McCaskill stated this fee schedule is based upon the cost of construction vs. electric. Electrical Inspector, Ken Bassler stated there are two commercial projects currently underway in the City. ( 1) Walmart—the cost is$ 1, 000,093 to have the solar panels installed. Under the current permit tables they were charged$ 125. With the proposed fee tables for commercial/ indusuial that permit fee would have been$ 7, 756.22. ( 2) Home Depot— the cost is $751, 000 to have the solar panels installed. Under the current fee table their charge would have been$ 5, 600. Electrical Inspector, Ken Bassler stated there has been a recent residential solar project in St. Clair County which is his home. Round number... he is investing $ 37, 000 and with the permit fee schedule provided by St. Clair Count he paid $ 250 for the permit. Building Commissioner, Jeff Heidom advised the total percentage average cost for any job is between 5%- 7% of a total cost of the job. Alderwoman Stiehl asked when do the new fees go into effect; City Clerk Meyer advised February 1, 2020. Alderman Randle asked where the department stands on the inspectors being trained; Building Commissioner, Jeff Heidom advised the National Electric Code " NEC' hereinafter" NEC' 2014 will be adopted; therefore, training will be incorporated. Alderman Randle made a motion seconded by Alderman Hazel to the additions/amendments to Chapter 150 ( Building Code; Building Regulations) Sections 150. 32( N) ( Solar Energy Systems), 150. 38( L) ( Electric Permit Table), 150.38( 0) (Residential Solar Energy Systems Permit Table 1) and 150. 38( P) ( Commercial& Industrial Solar Energy Systems Permit Table 1). Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Mayor Eckert. ( 5) Page 3 of6  Ordinance& Isgel Review Mmuh January 13, 2020 Discussion and possible motion to approve additions/ amendments to Chapter 151 ( Electrical Code) Sections 151. 01 through 151. 49( General Provisions, Electrical Installation Rules and Electrical Contractors; Licensing) Electrical Inspector, Ken Bassler stated he is present along with Assistant Fire Chief JP Penet, Secretary ofElectrical Commission and Gary Sheerin, Chairman ofthe Electrical Commission and a licensed professional engineer. The proposed changes were submitted to past Director Sabo approximately 2.5 years ago when the City was undergoing the recodification. During the organization these changes were not submitted. During the March 2019 electrical commission meeting voted to make the recommendation to the city council. Electrical Inspector, Ken Bassler stated the city is currently using the 2005 " NEC" and are looking to jump forward to three code cycles to become current with the 2014" NEC". Electrical Inspector, Ken Bassler stated by moving forward with the 2014 " NEC" will have no impact on the existing housing inspections. This will only apply to someone purchasing a home, gutting the home and starting over. The " NEC" Code does not address the setbacks on a roof, there needs to be walkways for the firefighters so they can access a roof; the International Fire Code " IFC" herein after" IFC" does. Assistant Fire Chief, JP Penet, stated the City recently adopted the " IFC" and Section 605 deals with electrical safety i. e. extension cords, permanent wiring, space heaters, solar. By the electrical ordinance being updated to also include the adoption of Section 605 effectively builds the electrical inspector along with the fire department as a team to enforce the same rules. Regarding solar the fire department is concerned with access to the roof, identifying which conduits have live wires in them and main disconnection. Alderman Hazel made a motion seconded by Alderman Randle to approve additions/ amendments to Chapter 151 ( Electrical Code) Sections 151. 01 through 151. 49 ( General Provisions, Electrical Installation Rules and Electrical Contractors; Licensing). Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Mayor Eckert. (5) Discussion and possible motion to approve an ordinance prohibiting the use of groundwater as a potable water supply by the installation or use ofpotable water supply wells or by any other method within certain areas in the City of Belleville.420 Carlyle Avenue City Clerk Meyer advised the EPA requested the City to make changes to the ordinance. The Ordinance is in place and this is only making amendments to what the EPA is requesting. Alderman Randle made a motion seconded by Alderman Hazel to approve an ordinance prohibiting the use of groundwater as a potable water supply by the installation or use of potable Page 4 of6  Ordinance& Legal Re jew Mmm Jmmy 13, 2020 water supply wells or by any other method within certain areas in the City of Belleville.420 Carlyle Avenue. Members voting aye on roll call: Haul, Randle, Stiehl, Wigginton, Mayor Eckert. ( 5) Discussion on storage unit taxation. A proposal was brought by Alderman Elmore on possible taxation. City Attorney Hoemer advised that City Clerk Meyer contact IML and there was proposal in 2017 legislation with the State of Illinois where it would administer a 6.25% tax; however, currently there are no municipalities that have enacted a sales tax on storage units. The question becomes is this something the council would like to consider. This will be exercised through the Home Rule Authority; however, with the absence of the State this will be subject to challenge. Alderman Wigginton asked how many storage units are currently in the City; Annissa McCaskill does not currently have the number; however, in the last two years council has approved five. Alderman Elmore stated the new storage unit on Carlyle Avenue advised him he has storage facilities in four States, and this is his first one in Illinois, the other States all charge sales tax. He pointed out this is not a problem, and this is a tax that is passed on to the consumer. Alderman Haul asked what the hotel/ motel tax is; City Attorney Hoerner advised 8%. Alderman Elmore suggested adding this to their monthly bill. Ifthe storage locker is empty, there is no sales tax collected. The size will take care of itself with the cost. City Attorney Hoemer reminded the committee the owner is already being taxed on the size through their property taxes. This is a consumer tax. Alderman Wigginton recommended bringing back to Ordinance and Legal and then forward to council; Alderman Randle concurred and recommended 8%. OLD BUSINESS Alderman Randle asked about the footage regarding the cannabis ordinance for residential vs. commercial; City Attorney Hoemer advised 1000 feet from residential and 1500 feet for churches, schools etc. ADJOURNMENT Pogo 5 of6  Ordinance& Legal Review Minutes January 13, 2020 Alderwoman Stiehl made a motion seconded by Alderman Randle to adjourn the meeting at 7: 18p.m. All members present voted aye. z &), -- Alden an Roger Wi g nton, Chairman Page 6 of 6