Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE OCTOBER 13, 2020 6: 00 PM VIA TELECONFERENCE Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Hazel, Alderman Puss, Alderman Randle, Alderwoman Stiehl and Alderman Wigginton. Staff Present: Mayor Eckert, City Clerk Meyer, City Attorney Hoerner, City Treasurer Hardt, RCDS, Director, Annissa McCaskill. PUBLIC PARTICIPATION None. MINUTES Alderman Randle made a motion seconded by Alderwoman Stiehl to accept the minutes of September 17, 2020. Members voting aye on roll call: Hazel, Puss, Randle, Stiehl, Wigginton, Mayor Eckert. ( 6) UNFINISHED BUSINESS RCDS, Director, Annissa McCaskill advised at the March 10, 2020 meeting Alderman Randle raised an issue regarding setback criteria for fences. Staff has conducted a search of the Code and Alderman Randle is correct; our Code does not establish a fencing setback. This is not uncommon based upon staff s experience with and review of codes of other jurisdictions. However, what is uncommon is that our Code does not explicitly state when a fence may be located. Most municipal or other jurisdictional codes specifically state that a fence may be located along lot lines. We address height for various scenarios, but do not specify location. In our review or our Code and others, we have determined that this clarification is necessary. Staff is not recommending that fencing of permissible height be subject to building setbacks. However, staff does recommend that the code implicitly state that said structures may be located along lot lines. Staffalso recommends that we add the criteria that where a fence may be over the permissible height due to variance or other zoning requirement, that the accessory structure setback criteria for the zoning district be maintained. Staff has also determined that there is no consideration of fence height when a fence is combined with a retaining wall; we would seek to clarify this as well. Finally, staff has found that both our Subdivision to and Zoning Codes We have sections relative to that there recommend fencing that should be combined to be reflective standard practices.  Ordinance& Lege) Review Minutes October 11, 2020 be established a section of the Zoning Code entitled" Fences, Walls, Hedges" that will consolidate the information in the Subdivision and Zoning Codes in one location. With the Committee' s permission, staff seeks direction to make the amendments as stated above and return to the Committee for review and recommendation to the full City Council. Discussion... Alderman Haul asked to address the retaining wall issue and suggest the height is a combination of retaining wall and fence be measured from the ground level of the usable yard. Ms. McCaskill advised the City is silent on this type of language in the Code. Alderman Randle asked when you refer to setbacks, building setbacks are we taking into consideration the alley; Ms. McCaskill stated the Code does state there can be no fencing in City right-of-way. This language should be clarified. Alderman Randle advised there are utility lines that run through the alleys so will there be provisions for utility services to have access. Ms. McCaskill stated typically when a person does anything on their property line and into the easement they do so at their own risk with the understanding if the utility company has to do any work the utility company can take it out and do the necessary work. Alderwoman Stiehl suggested Ms. McCaskill check with Belleville Fence Company or Chesley Fence and seek their recommendation. Ms. McCaskill the fence companies offset approximately a foot; however, even then people call and say it' s on the lot line. Alderman Randle asked the City requires a building permit; Ms. McCaskill advised no. Alderman Wigginton asked if fence requests come before Zoning; Ms. McCaskill advised they only come to Zoning if they go above six( 6) feet. Alderman Haul stated he does not want to overregulate this issue. Ms. McCaskill will review and work with the City Attorney and bring back to this committee. If this committee accepts it will go to the Zoning Board and then to City Council. MISCELLANEOUS& NEW BUSINESS Motion to approve amendments to Title III (Administration), Chapter 32,( Organizations), Section 32. 059( Human Relations Commission Membership) Mayor Eckert advised he is needing to add members to the Human Relations Commission. Lyn Clapp has an individual that does not live in Belleville proper; however, he has experience in pas[ employment, mediation. Pge2otl  Ordmmre& Legel Revues Mimics O, mbes 13, 2020 Alderman Hazel made a motion seconded by Alderman Pusa to approve amendments to Title III Administration), Chapter 32,( Organizations), Section 32.059( Human Relations Commission Membership) Members voting aye on roll call: Hazel, Puss, Randle, Stiehl, Wigginton, Mayor Eckert. (6) Possible motion to approve amendments to Title XV (Land Usage), Chapter 51 ( Electrical Code), Section 151. 02( A)(e)( 1)( Electrical Commission) Mayor Eckert advised them were two new positions added to the Electrical Commission. Tom Bell was appointed and lives in Belleville. The other individual, Joe Hamist, has his business in Belleville; however, does not live in Belleville. Mr. Hamist lives outside of the corporate city limits; however, has a Belleville zip code. Alderwoman Stiehl made a motion seconded by Alderman Hazel to approve amendments to Title XV( Land Usage), Chapter 51 ( Electrical Code), Section 151. 02(A)(e)( 1)( Electrical Commission) Members voting aye on roll call: Hazel, Puss, Randle, Stiehl, Wigginton, Mayor Eckert. ( 6) Alderman Randle asked if the City is looking at other portions of the Code to make it easier for development in the City; Mayor Eckert stated once he gets the commission back he will sit down and discuss with Tom Bell and Tim Evans, Electrical Union on streamlining the Code. ADJOURNMENT Alderwoman Stiehl made a motion seconded by Alderman Pusa to adjourn the meeting at 6: 39 p.m. Members voting aye on roll call: Hazel, Pusa, Randle, Stiehl, Wigginton, Mayor Eckert. ( 6) 4t, tJ` Id ratan Roger ginton, Chairman Peg, 3 of 3