Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE MARCH 10, 2020 6: 00 PM Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Hazel, Alderman Randle, Alderwoman Stiehl and Alderman Wigginton. Aldermen absent on roll call: Alderwoman Puss. Staff Present: City Clerk Meyer, City Treasurer, Dean Hardt; City Attorney Hoemer, Assistant Fire Chief, JP Penet, Planner/ GIS Coordinator, Joel Glasscock, Director of RCDS, Annissa McCaskill, Assistant Director of Economic Development and Planning Division, Eric Schauster, Lt. Col. Matt Eiskant Guest Present: Alderman Barfield, Alderman Ovian, Alderman Duco, Alderman Ferguson, Ken Bassler, Aaron Barnett, Mike Lundy, David Dodson, PUBLIC PARTICIPATION None. MINUTES Alderman Hazel made a motion seconded by Alderwoman Randle to accept the minutes of February 11, 2020. All members present voted aye. UNFINISHED BUSINESS None. MISCELLANEOUS& NEW BUSINESS POSSIBLE MOTION TO APPROVE AMENDMENTS TO TITLE XV (LAND USAGE), CHAPTER 151 ( ELECTRICAL CODE); SECTIONS 151. 28 ( SPECIFIC REQUIREMENTS FOR COMMERCIAL BUILDINGS) AND 151. 29 ( SPECIFIC REQUIREMENTS FOR RESIDENTIAL BUILDINGS) Mayor Eckert referenced the Electrical Commission meeting. At that meeting it was discussed and questions were asked about our electrical code is more stringent than the national fire code. After this was brought to the Mayor by Mike Lundy that the current code will impact their project.  Ordinance R. Legal Review Minks March 10, 2020 After research it was discovered that the neighboring communities ( competition for growth i. e. O' Fallon, Shiloh, Swansea, Fairview Heights, Edwardsville, Collinsville). Mayor Eckert stated he is recommending we change our ordinance to match the National Electrical Code. Alderman Barfield stated after meeting with the Electrical Commission he contacted four (4) of the cities. Fairview Heights is using the 2005 Electrical Code; St. Clair County is using the 2011 Electrical Code; O' Fallon is using the 2011 Electrical Code. If we are competing with these cities, why are we restrictive? Mayor Eckert stated these other cities will be moving up to the 2014 version. Alderman Hazel stated what initiated the City to adopt 2014 is because the State ofIllinois adopted 2014. Alderman Randle asked why does the ordinance exist ( what is its purpose), who does it benefit, who does it protect, how does this effect the buyer/seller, why do we have licensed electrical contractors and license electricians by the City, do we need an Electrical Commissions. Alderman Ovian advised he is confused due to the fact one of his constituents to go ahead an install thin wall conduit telling him he had to follow the 2014 Electrical Code. The thin wall conduit cost him$ 10, 000 if not more and he went ahead and wet sprinkled his ceiling. Alderman Ovian advised he brought this up at an Electrical Commission meeting and Assistant Fire Chief Penet advised if a fire occurred in the walls the wet sprinkler system would put the fire out. Mayor Eckert advised there were several issues and a meeting was scheduled. After the meeting they asked how to appeal the decision. Alderman Hazel made a motion seconded by Alderman Randle to approve amendments to Title XV ( Land Usage), Chapter 151 ( Electrical Code); Sections 151. 28 ( Specific Requirements for Commercial Buildings) and 151. 29( Specific Requirements for Residential Buildings). Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton. ( 4) POSSIBLE MOTION TO APPROVE AMENDMENTS TO TITLE XV (LAND USAGE), CHAPTER 154 ( PROPERTY MAINTENANCE CODE), SECTIONS 154.40 THROUGH 154. 55. Assistant Chief of Police, Matt Eiskant, advised this is a two part ordinance( 1) change anywhere in the ordinance that says " Health, Housing and Building" and change to " Residential and Commercial Development Services Department";( 2) The Illinois Human Rights Act state law has changed. It basically states it is a civil rights violation to discriminate on an individual based on an arrest record based on a real estate transaction term. Requesting to remove" for near" and keep at". Page 2 of6  O din & Ugd Review Minutes My 10, 2020 Alderman Randle made a motion seconded by Alderwoman Stiehl to approve amendments to Title XV (Land Usage), Chapter 154( Property Maintenance Code), Sections 154.40 through 154. 55. Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Mayor Eckert. ( 5) POSSIBLE MOTION TO APPROVE AMENDMENTS TO TITLE IX ( GENERAL REGULATIONS), CHAPTER 92 ( HEALTH AND SANITATION) REGARDING MULTI- FAMILY DUMPSTERS. City Attorney Hoerner advised Alderman Hazel' s table and the number of units have been added. Mayor Eckert asked how long they will be given to get in compliance; City Clerk Meyer advised this is complaint based. Alderman Hazel made a motion seconded by Alderwoman Stiehl to approve amendments to Title IX( General Regulations), Chapter 92( Health and Sanitation) regarding multi- family dumpsters. Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Eckert. ( 5) POSSIBLE MOTION TO APPROVE AMENDMENTS TO TITLE XI (BUSINESS REGULATIONS), CHAPTER 123 ( ADULT-USE CANNABIS), SECTION 123. 008 ( ADULT- USE CANNABIS DISPENSING ORGANIZATION Assistant Director of Economic Development, Eric Schauster, reviewed a map for possible locations. Reducing the feet from 1000 to 750 from residential. Alderman Hazel is in favor of lowering the footage. He pointed out in the beginning the 1000 feet was too stringent. Alderwoman Stiehl made a motion seconded by Alderman Hazel to approve amendments to Title XI ( Business Regulations), Chapter 123 ( Adult-Use Cannabis), Section 123. 008 ( Adult-Use Cannabis Dispensing Organization). Reducing the feet from 1000 to 500 from residential. Members voting aye on roll call: Hazel, Randle, Stiehl, Wigginton, Eckert. ( 5) DISCUSSION ON STORAGE UNIT TAXATION Alderman Elmore advised he sent a letter dated February 7, 2020. Information received from the Director of RCDS, Annissa McCaskill, there have been five ( 5) application which were all approved over the last two years. This is scuttlebutt but five( 5) can get to seven( 7) real quick. Between Auffenberg, Oliver C. Joseph and Cardinal there are approximately 2000 cars. This does not mean we can collect on 2000 cars just the ones that are sold. Alderman Elmore advised he ran this past the number' s expert Finance Director, Jamie Maitret, and she said for what you are trying to do this is accurate. If we take 1000 units ( I100just in one Page 3 of 6  Ordtrm & Legal Review Minutes March 10, 2020 1) Ward) and the rental fee range is from$ 30 to$ 204 per month. If you take 1000 units at$ 45/ mo for 12 months is $ 540,000. At the last meeting 6. 5% to 8% was discussed. These are not big numbers when compared to the City' s budget; however, it is tax revenue. We all know our departments, Mayor, administration runs as lean and mean as they possibly can. We know we are doing everything we can with as little as possible. Maybe part of the solution is more revenue. Here is a small answer to start building the revenue without really hitting the homeowner that is looking at tax levies, sewer/trash bills. This is retail sales tax. The biggest owner of the retail ownership of storage lockers said this does not bother him in the least... he was surprised we were not already to this. All the questions have been answered. Alderman Hazel asked a question regarding the auction style sales that can happen with abandoned lockers. Maybe it' s a matter of time; however, is not an issue right now. They will let a person go defunct on their locker sometimes for a year. Maybe this should be addressed down the road. What we see on TV is not realistic in Belleville at least not for a long time. Alderman Wigginton asked if this is a one- time yearly charge; Alderman Elmore advised this is a sales tax and is no different from someone purchasing a car or groceries. Whatever the receipt says is a percentage. Alderman Haul asked if the sales of the locker are to recoup rental fees that would be taxed. Alderman Haul is afraid this is too far reaching because of it not applying to indoor lockers, outdoor rentals, campers being stored, body shops that have vehicles in for body repairs that are being charged a daily storage rate. There are a lot of issues that make this complicated that would make it have to be spelled out on what it does apply too. Alderman Wigginton asked if the Mayor and Director of RCDS, Annissa McCaskill, are concerned with an overabundance storage unit. Mayor Eckert stated he has not had a chance to wrap his mind around this. He requested more time to talk with staff. This has not been brought before staff. How will we enforce this? Will this be handled by the Clerk' s office? City Clerk Meyer advised this will be handled like hotel/ motel tax. The ordinance can be drafted that the city can do an audit if they so choose. Mayor Eckert asked if the hotel/ motel tax is 8%; Alderman Haul advised yes. Alderman Wigginton recommended two taxes on two categories. Alderman Randle stated with respect to boats and vehicles he was charged by the foot; therefore, it is the amount of space for that storage you are being charged on. If someone has a pole barn on their property for rentals... this should be restricted to commercial enterprise and not part of residential. City Treasurer Hardt stated hotel/motel is a percentage based on thew revenue. It' s irrelevant to what units they rent. If a business owner reports they rented$ 100, 000 they pay $ 8, 000. Records are kept regarding hotel/ motel. Page 4 of 6  Ordir & Ugsl Review Minutes Merck 10, 2020 Alderman Haul asked if they pay on a monthly or annual; City Treasurer, Hardt advised they are supposed to pay on a monthly basis and those that pay annually are charged a fee. Alderwoman Stiehl suggested talking more about this; theme are businesses that store i. e. Chesley Fence, Don Kunz stores their material. What would prevent a wealthy company to build their own storage unit? Director of RCDS, Annissa McCaskill, advised staff is willing to research other municipalities on how they do this. City Clerk Meyer advised this has already been done and there is none. Director of RCDS, Annissa McCaskill, said there are other states that have this type of taxes and in 2017 someone tried to introduce this type of statewide legislation and it failed. Alderman Wigginton stated Alderman Elmore has opened a can here and it needs to be look at to see if its workable. If this is revenue for the City, it is what it is. Alderman Elmore advised that City Attorney Hoemer research this and he brought this to the Mayor and Chief Clay six or seven months ago. This is just storage lockers. There is no one else in Illinois doing this; however, there is not law against it. National companies are doing it in other states. Alderman Wigginton requested the City Clerk to bring this back. Alderman Haul asked the purpose of the Ordinance... is it to( 1) limit the amount of storage units or ( 2) is this a means to generate funds. Alderman Elmore stated it is definitely not to limit it because you cannot limit it is because when that storage unit does have a fire guess whose fire department is going out there, when it does have a break in, when there is a crime on the property you know whose police department is going out there. They are running a business that frankly all they are doing is collecting money, they have property tax... I get that but that is the County and State. They are running a business the City of providing services for. Alderman Wigginton stated don' t you think they are popping up because they are so lucrative; Alderman Elmore stated sure and this will not stop them. Alderman Haul asked why the State address doesn' t this; City Clerk Meyer advised the State of Illinois addresses this every year. A Bill is proposed, and it does not make it out of committee. Alderman Hazel stated it' s the scope of the animal it' s are to define and limit. DISCUSSION ON PRIVACY FENCES Alderman Randle said if you do a search in the Code of Ordinance for" privacy fences" it becomes tedious. What he has found when someone decides they want to build a privacy fence the City has no guidelines in place for them. We have a section or two ( 2) that mentions " no higher than six feet" if you want to go higher than six feet you must come in and get a variance. There is nothing in there regarding setbacks from your neighbor' s property. Rule of thumb keep it two feet inside your property line so you can mow. Recently he had a neighbor say someone is putting up a Page 5 of6  Ordnance& Legal Review Maohs Much 10, 2020 privacy fence next door, don' t know where it is going up and the next thing you know its from inside the property line and where the property line ends on the other side. Is there room for them to get between their own privacy fence. The back of the fence is six feet tall and the side fences are only 3'- 5'—'3' 6'. Should we have setbacks from the city' s right of way from that alley. He requested staff to review where privacy fences are addressed in ordinances so we can address the inconsistencies and provides guidelines for setbacks so RCDS have guidelines. OLD BUSINESS None. ADJOURNMENT Alderman Hazel made a motion seconded by Alderwoman Stiehl to adjourn the meeting at 7: 15 p. m. All members present voted aye. lV 14;T Alde?mAfi Roger Wigginton, Chairman Pere 6 of6