Ordinance & Legal Review Committee

CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE MARCH 9, 20215:30 PM VIA TELECONFERENCE Alderman Wigginton called the meeting to order. Aldermen present on roll call: Alderman Haul, Alderman Pusa, Alderman Randle, Alderwoman Stiehl and Alderman Wigginton. Staff Present: City Clerk Meyer, City Attorney Hoemer, RCDS Director Annissa McCaskill. PUBLIC PARTICIPATION Joanie Schaefer, Illinois Self-Storaee Association Ms. Schaefer stated she understands Belleville wants to keep current residents and attract new businesses, new residents, shop locally and vacant buildings to be filled. Several buildings that were vacant; Self-Storage has come in to fill the buildings. By implementing a tax will hurt the residents of Belleville. Self-storage is not a luxury it is a necessity and normally people are in a crisis mode when renting self-storage. Alex Erb. Owner of Gateway Stora¢e Mall He has three ( 3) locations in the Belleville area. He is also a board member of the Illinois Self- Storage Association. As small business owners that invested in Belleville six years ago and enjoy experiences here; however, hearing about this tax which seems to be focused on local mom and pop stores. For those that have come in to develop big box centers that sat vacant for many years; therefore, putting a tax on the owners i.e. Belleville will not only hurt the residents but will push a lot of people out. They are competing with Fairview Heights, Swansea, Millstadt etc. and they are on the border with these markets who do not have a tax like this. In thinking of fairness to all think about the residents and compare to the rest of the markets in Illinois. MINUTES Alderwoman Stiehl made a motion seconded by Alderman Haul to accept the minutes of February 9, 2021. Members voting aye on roll call: Hazel, Pusa, Randle, Stiehl, Wigginton. ( 5) UNFINISHED BUSINESS Discussion of draft ordinance amending Chapter 34( Taxation), by adding Section 34.048 Self-Service Storage Facility Accommodations Tax) of the Revised Code of Ordinances.  O i.. @ Legal Review Mm s Much 9, 2021 City Clerk Meyer stated what she sent out is basically all the information she was able to obtain. Included are maps inside/outside the City, how far apart they are, storage facilities that could be verified, comments from owners. Alderman Hazel stated he does not see changes that were made, nor concerns were clarified. In the Ordinance as written it talks about self-storage facilities; however, it does not address self- storage, space storage and storage. This ordinance is too far reaching and there could be unintended consequences and recommended tabling indefinitely for clarification( storage lockers at a bowling alley, renting a neighbor' s garage). Alderman Hazel made a motion seconded by Alderman Pusa to table indefinitely amending Chapter 34 ( Taxation), by adding Section 34.048 ( Self-Service Storage Facility Accommodations Tax) of the Revised Code of Ordinances. Discussion... Alderwoman Stiehl stated money generated is a small amount collected for all the hassle. This is not the right time to be taxing citizens. Alderman Randle stated he would like to hear from the City Attorney regarding Alderman Hazel' s questions regarding clarification. He has not heard from one resident that they will move if the tax is put into effect. City Attorney Hoerner advised this is for discussion and not for a vote. When this was last discussed it was requested data would be collected and that is what City Clerk Meyer has provided. Any concerns with definitions can be clarified. Self-Storage is defined because it is referenced in another definition, space for storage is defined because it is referenced in another definition. The form of the ordinance is not for discussion; however, the data that was collected to be reviewed and discussion as to what tax is to be charged. Alderman Randle stated the objection made for Alderman Hazel are far reaching and he would go back to the City Attorney in terms of gym lockers etc. fall under the definition in this Ordinance as written; City Attorney Hoemer advised this is for self-storage businesses and the applicability must be decided by Aldermen as well as how much and what do you want it to apply too. The committee controls the scope. Alderman Wigginton asked if other municipalities have imposed this tax; City Attorney Hoerner stated there have been Bills submitted to the State of Illinois and failed. When this issue was reviewed it was not prevalent. Alderman Wigginton stated he cannot wrap his arms around this and does not feel comfortable where we are now. Alderwoman Stiehl concurs with Alderman Wigginton and Alderman Hazel. Members voting aye on roll call: Hazel, Pusa, Randle, Stiehl, Wigginton. (5) Page 2 of4  Ordi a & Legal Review Minutes March 9, 2021 MISCELLANEOUS& NEW BUSINESS Consideration of amendments to Chapter 93 ( Nuisances), Section 93. 003 ( C)( Notice to Abate) of the Revised Code of Ordinances. City Clerk Meyer advised the current Ordinance states tall grass issues/ complaints only one ( 1) notice per season is required and the City can abate thereafter. This does not apply to general nuisances i. e. complexes ( couches out by trash). The City receives a complaint, a new notice is generated. City Attorney Homer and Assistant City Attorney Flynn recommended applying the language regarding the grass to general nuisances. Alderman Hazel has ongoing issues in his Ward with notices, tickets and the junk still sits. There are certain residents that refuse to comply. Aldemlan Randle asked Alderman Hazel if he is making a motion. Alderman Randle advised a motion and a second must he on the floor before discussion. Alderman Hazel made a motion seconded by Alderman Randle to approve the amendments to Chapter 93 ( Nuisances), Section 93.003 ( C) ( Notice to Abate) of the Revised Code of Ordinances. Members voting aye on roll call: Hazel, puss, Randle, Stiehl, Wigginton. ( 5) Consideration of amendment to Chapter 150( Building Code; Building Regulations), Section 150. 01 ( Adoption of Building Code) of the Revised Code of Ordinances for exemption of Public- School Districts and County Public Building Commission. City Attorney Homer advised this is an issue that arose from the St. Clair County Building Commission regarding a County owned building. There is case law that exempts Public Schools from municipal building codes. This will resolve the issues and simply exempts the St. Clair County Building Commission and Public- School District who have buildings in the City. The County will adhere to thew Code and the School Districts will adhere to the Public-School District Code. Discussion... Alderman Hazel asked if there is any reason to specify in relation to our Codes whether they are equal too or in excess of our Codes. Does the City open itself up if their Codes are less than the City' s Codes? City Attorney Homer advised the City would have no liability. RCDS Director McCaskill stated just because the County' s Code is more current doesn' t mean it is more stringent or more laxed. City Attorney Homer stated the City has tort immunity. The law provides school districts do not have to follow our Code. Page 3 ofd  Ordinance& Legal Review M,.. W, Mmch9, 2021 Alderman Hazel made a motion seconded by Alderman Pusa to approve the amendments to Chapter 150 ( Building Code; Building Regulations), Section 150. 01 ( Adoption of Building Code) of the Revised Code of Ordinances for exemption of Public- School Districts and County Public Building Commission. Members voting aye on roll call: Hazel, Pusa, Randle, Stiehl, Wigginton. ( 5) ADJOURNMENT Alderwoman Stiehl made a motion seconded by Alderman Puss, to adjourn the meeting at 6: 10 p.m. Members voting aye on roll call: Hazel, Puss, Randle, Stiehl, Wigginton. (5) cw W4 1 '46ror) Aldermat Roger Wigginton, Chairman Ng 4 of4