Peoria Standard

City of Chillicothe Judicial Committee met Oct. 26.

Here are the minutes provided by the committee:

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

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

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

PUBLIC COMMENT

PURPOSE

Ground Mounted Solar – Attorney Day explained that the city passed a resolution to place a temporary pause on the installation of ground mounted solar. The city is in the process of putting guidelines in place. The target date to pass the guidelines is November 28. He stated there is a public hearing on November 1 at 7:00 p.m.

Jim Redmond, 1521 Fifth voiced his concerns regarding the proposal of restricting to only property with only one acre and wanted to know the reason for the pause.

Aaron Phillips – Legacy Solar addressed the committee regarding the life of the solar panels and advised that he has worked in other communities and agreed that it needed to be determined what good size would be allowed that does not impede the property and intent.

A discussion was held regarding the restriction of one acre being to restrictive. Alderperson Braun voiced his concern regarding the one-acre restriction. Alderperson Bredeman also voice his concern regarding the one-acre restriction. Chairman Connor recommended that the city should also consider the aesthetic for the community. Attorney Day outlined the process of amending the ordinance, holding the public hearing and making changes to the ordinance. A discussion was held regarding the process and obtaining input from the plan commission.

After discussion, the consensus of the committee was to seek input from the Plan Commission and the public hearing and hold a Judicial Committee Meeting on November 10, at 4:30 p.m. to review the input. At that time the committee will consider changes to the ordinance before it is presented at the November 14 meeting for a first reading.

Swimming Pool Ordinance/Regulations – Section 18 – Article III - Office Manager Passage stated that there have been more request for swimming pools. In section 18-66 the code requires pools to not build within 15 feet of city or utility easements, there have been some questions if this is too restrictive. The second concern is the requirement of a fence around and in ground pool. The question is if the owner of an in-ground pool has a cover can that serve without having a fence. Office Manager Passage stated that she reached out to the building inspector for his input. Below is the response Inspector Young submitted:

I think the fence for an in-ground pool is a must. It keeps people away from the pool or someone from accidentally falling in possibly cutting through some one’s property. Fences provides a level of safety for possible young neighbor children wandering into someone’s back yard and falling in the pool. You are going to see pool covers in the winter in this area but the water is usually lowered and the cover provides protection to the pool. Unless there is a motorized cover I don’t think people with inground pools would take time to put a cover on each time they finish using the pool during the warm season. In the different cities I work in I have only seen one request for a motorized pool cover. The specs were very stringent with regard to issues of the amount of weight a cover could support. In the long run a fence is probably more cost effective with less maintenance.

Office Manager Passage stated that she currently has two swimming pool application and they are pending due to the requirement of 15 feet from an easement. She also advised that she did talk with Superintendent Sutherland and he would like them some distance from the easement. Nathan Rolf, 1516 Harborway addressed the committee. He stated that he one of the applicants that has submitted a pool application. He stated that placing the pool that far away from the easement would make his pool only one to two feet away from his back door. He also stated that the pool company he is using advised that digging would not undermine a fiberglass pool. He stated that other structures may be closer to an easement and questioned why a pool was required to be that far off an easement. A discussion ensued regarding the distance away from an easement. The consensus of the committee was to bring to the city council meeting on November 14 the recommendation for the attorney to draft a change to the ordinance allowing 5 feet from an easement.

Building Permit Fees/Building Codes – Office Manager Passage explained that Mayor Hughes had asked that this topic be placed on the agenda. Attorney Day stated that he had talked with Mayor Hughes regarding the minimum cost of a commercial permit. Office Manager Passage explained the building permit fees. The consensus of the committee was to place this topic on the November 30 judicial meeting due to the absence of the Mayor.

OLD BUSINESS

FLM Gravel Pit - Attorney Day advised the committee that his drafting the complaint to be filed with the county and will have the draft ready for review and the November judicial meeting for review.

SUMMARY

Council Agenda Items – Refer to attorney – draft an amendment Swimming Pool Ordinance Present – Ordinance Ground Mounted solar

There being no further business the meeting adjourned at 6:06 p.m.

https://cms9files.revize.com/chillicothe/03b%2022.10.26.Judicial.MINUTES.pdf