Peoria Standard

City of Chillicothe Judicial Committee met July 27.

Here are the minutes provided by the committee:

The Judicial Committee met at 4:30 P.M. on July 27, 2022, in the Council Chambers at City Hall.

Committee members present at the meeting Chairman Connor, Alderperson Braun, Alderperson Bredeman, Alderperson Sharp, Alderperson Jenkins, Alderperson Gehrig, Mayor Hughes, Attorney Kevin Day, Office Manager Passage

Chairman Connor called the meeting to order 4:30 p.m.

Attorney Day entered the meeting at 4:34 p.m.

PUBLIC COMMENT

Lee Nordstrom who resides at 1012 Manning Dr. stated he heard that a bed n breakfast is going in at Second & Walnut and would like to know if their will be management on site or manned by the owners. Chairman Connor stated that there are two such facilities one at Second & Walnut and one at Second and Pine. She stated that the one at Second and Pine will have someone who will live there. Kevin Peterson who resides at 21203 Blue Ridge Road stated he is here for the side by side topic. He stated that he sent material to regarding additional information for the side by side vehicles. He will be willing to give input at that topic.

PURPOSE

Side by Side Vehicles – Attorney Day stated that the city could regulate, within the municipal boundaries, the use of recreational off-highway vehicles. He stated that we are not talking about an ATV, motorcycle or dirt bike. He read the definition of a off-highway vehicle. He presented a draft ordinance regulating the recreational off-highway vehicles. A discussion was held regarding the draft ordinance. The first question was who would perform the inspection. Mayor Hughes suggested that city have business do the inspections so the city could get some revenue out of it. The citizen could use who they choose and then come to city to get sticker. Mayor Hughes stated he talked to Riverside and they could do the inspection. Alderperson Jenkins stated that Beau Ledbetter was at the public safety meeting and he may also be able to do inspect. Mayor Hughes also stated that any certified mechanic could possibly do the inspection. Chairman Connor asked if golf cart inspections would also be changed to off site inspections. Alderperson Gehrig questioned if there would be a certificate to show the inspection. A discussion was held regarding the inspection process.

Attorney Day stated that there would be additional costs having a third party do the inspection and he recommended that fee be passed on to the user. A standardized form should be used. Ms. Wallin addressed the committee regarding the inspections. Kevin Peterson addressed the committee regarding keeping the inspections in-house. Jeff Wallin addressed the committee regarding keeping the inspections in-house and that there should not be a lot more vehicles to inspect with adding UTV’s. Chairman Connor discussed the cost and time it may take to do the inspection. Jen Ledbetter addressed the committee regarding that Beau Ledbetter would charge $25.00 for inspection and the process for the inspection.

Attorney Day stated that the draft ordinance was written with the police department doing the inspections. Office Manager Passage stated that the process should be the same for all off road vehicles. Alderperson Jenkins stated that we stay with the current language with the police inspecting for the remainder of the year and see how it works and then the city could change the ordinance if necessary. Chairman Connor asked if the consensus of the committee was to keep the ordinance as presented with the fee the same as golf carts ($40.00) and see how it affects the department. The consensus of the committee was to keep the police department doing the inspections and the fee at $40.00. Attorney Day stated that he had a few more questions before we can move to the next topic. He asked if the committee wanted to keep the ordinance the same as golf carts as it relates to Occupant Trailers (only for special events) and Utility Trailers (with requirements). A discussion ensued. The consensus of the committee was to keep the language the same as the golf carts and have it applied to the UTV’s.

Attorney Day asked the committee if they would like for him to add the language to allow ATV’s and motorcycles for special events. The consensus of the committee was to have the attorney add the language regarding ATV’s and motorcycles for special events. Motion Alderperson Braun second Alderperson Bredeman that the committee have the attorney amend the draft ordinance with the above and present the ordinance to council at the August 8 council meeting. All present agreed.

Rental Hall Liquor License – Attorney Day reported on the sales tax or retail tax on the sale of alcohol. He stated that it would apply the same as any other retail establishment that sells alcohol, which is collected by the state. A discussion ensued. The consensus of the committee was to bring the ordinance to council for approval at the August 8 council meeting.

Discussion – Recommendation Plan Commission – Airbnb/VRBO’s – Office Manager Passage stated that at the March 11 city council meeting the topic of Airbnb/VRBO’s was referred to the Plan Commission for review and recommendation. She reported that the July 5 plan commission meeting the recommended the following:

The Plan Commission agreed that there should be some protections in place. We discussed the potential for an Airbnb/VRBO License. The Plan Commission decided a “case-by-case” basis was the best way to move forward, so we are recommending to the City Council to NOT allow Airbnb/VRBO in any R-1 zoning unless granted a Special Use. We also recommended that Airbnb/VRBO be added to the list of approved uses in commercial zoned areas. She stated allowing it in Residential zoned areas by special use each one would have to have a public hearing held by the plan commission and then voted on by the city council. She explained that there is more to consider before drafting an ordinance. She stated that she believes there may be currently a house in the city that is being rented as a VRBO and may be more. However; she has not had any issues reported regarding such rental and she has not verified that it is actually happening. Other things to consider is: who enforces and how will it be enforced, hotel tax, restrictions on the special use i.e. parking an such. These should be considered before a decision is made. She stated that at this time she is not asking for a decision only providing the information from the Plan Commission and can be discussed at future judicial meetings.

Lee Nordstrom had asked the question if there would be a requirement of on-site management. He further explained that his concern regarding having some on-site for management of the VRBO is for any zoning district.

Alderperson Jenkins stated that he believes that VRBO are good and he has not had a bad experience in staying in a VRBO. Chairman Connor stated that she has stayed in such facilities and there has not been an on-site management, however; they were provided a number to call. A discussion ensued regarding other items to consider for said topic.

Bill Batek 625 Taylor Dr. addressed the committee regarding this topic stating that they need to consider parking, hours and consider the area they may be in.

Office Manager Passage stated that she will check with Peoria County to see if they had passed an ordinance regarding VRBO’s and bring back to a future judicial committee meeting. Chairman Connor stated that the committee will consider the above information and discuss at future meeting.

Discussion – FLM Property – Non-Conforming Use – Mining

Attorney Day gave a report to the committee regarding the FLM property. He advised that he has spoken with Kathy Urban, director of Peoria County Planning and Zoning expressing the City of Chillicothe’s concerns. He is waiting for a return call from the States Attorney’s office. He advised the committee that FLM can lease the property to be mined as they have the non-conforming use. He explained how the property is currently zoned and since the owner has a non-conforming use that was given before the zoning therefore they do not have to follow those rules at this time. He stated that the Peoria Planning and Zoning should be considering any safety concerns. He explained that the City can govern property within the corporate boundaries. He will continue to explore any an all options the city may have to govern how it comes into our corporate boundaries. Chairman Connor discussed the noise that the mining is causing and suggested that we explore what options the city has to govern the noise. Alderperson Gehrig agreed.

Bill Batek, 625 Taylor Dr. address the committee regarding the FLM Property by giving the background of the property, how he has been involved, how mining has affected the area, and noise and pollution it can cause.

Alderperson Gehrig explained that the area is open and the noise is constant.

Attorney Day thanked Mr. Batek for his information and explained the court finding. Mayor Hughes advised Attorney Day to continue to monitor and report any updates to the council. Alderperson Gehrig questioned if the mining will hinder our water source.

Lee Norstrom addressed the committee about drinking water districts and contamination. Office Manager Passage explained that the property is outside of the corporate boundaries and encouraged citizens to send all their concerns to the county.

Chairman Connor thanked all who were present.

SUMMARY

Council Agenda Items:

1. Approve – Ordinance – Off Road Vehicles

2. Approve – Ordinance – Rental Hall Liquor License

Chairperson Action: Nothing

There being no further business the meeting adjourned at 6:09 p.m.

https://cms9files.revize.com/chillicothe/07.27.22%20judicial%20min.pdf