Peoria Standard

City of Chillicothe Judicial Committee met Jan. 25.

Here are the minutes provided by the committee:

The Judicial Committee met at 4:30 P.M. on January 25, 2023, in the Council Chambers at City Hall.

Committee members present at the meeting Chairman Connor, Alderperson Braun, Alderperson Bredeman

Others Present: Alderperson Sharp, Attorney Day, Mayor Hughes, Office Manager Passage

Chairman Connor called the meeting to order 4:31 p.m.

PUBLIC COMMENT

Jim Wright, 623 W. Elm St., addressed the committee regarding the topic solar-ground mounted. He stated that he does not oppose roof mounted however; he has concerns regarding ground mounted. He discussed the maintenance and the storing of items under the structure.

Tracy Fox, 15215 N. Ivy Lane Rd., addressed the committee regarding the topic solar - ground mounted. She asked that packets of information be available before the committee meeting. She encouraged looking at other ordinances from other communities as the proposed ordinance is outdated. She voiced her concern about Chillicothe citizens not having the opportunity of getting the solar incentives the state is giving.

Attorney Day advised no revisions have been made to the proposed ordinance as it was withdrawn when it was presented to the city council. The committee is in the process of gathering information for

review.

Kristen Sheets questioned that no revisions have been made.

PURPOSE

Solar - Ground Mounted Chairman Connor explained that the council passed a resolution continuing the moratorium until July, 2023. This would allow the committee to gather information concerning ground mounted solar before a recommendation will be made.

Attorney Day advised the committee that the State of California has mandated roof mounted solar to be installed on new residential construction. He presented information from three different cities in California, regarding solar. He stated the information from San Gabriel, CA has a population of 38K. and noted that they had some good information regarding requirements for ground mounted solar.

A discussion ensued regarding potential language being included regarding the structure being visible from the street or thoroughfare.

Chairman Connor voiced her concern regarding the area beneath the ground mount solar structure be used as storage and the aesthetics.

Alderperson Bredeman voiced he had no concerns with the roof mounted however; does have concerns about aesthetics.

Mayor Hughes voiced his concerns regarding roof mounted solar to insure the roof can bear the weight of the solar. He also mentioned about the Fire Department has some concerns about fighting a fire with a structure that has roof mounted solar.

Alderperson Braun stated that we have heard and discussed both pro's and con's regarding ground mounted solar. With regards to aesthetics, the city has a weed ordinance and property maintenance.

Alderperson Braun questioned the solar powered flock cameras the city purchased for the police department, as they would be considered ground mounted.

Alderperson Sharp stated the cameras were not for residential they are for crime.

A discussion was held regarding the one solar ground mounted array that is located on Fifth street.

Mayor Hughes advised the committee that he has talked to several people and they do not want ground mounted solar. He recommended that the city consider holding a forum. A discussion was held regarding a possible forum.

Attorney Day advised the committee that should elected officials be present it would be an open meeting and subject to the open meetings guidelines. He asked the committee if they would like him to prepare a possible public hearing notice along with a potential time line. The consensus of the committee was to have the attorney prepare the potential notice and timeline.

Chairman Connor thanked all for their input and recommended that the committee continue to review the solar information and no action will be taken at this time.

1217 Santa Fe - Change of Use - Office Manager Passage stated that the City has received a Rezoning Request for 1217 Santa Fe asking for the property to be rezoned from R1 Special Use to C2 - General Retail. The reason is because a portion of the current building is going to be leased to High 5 Sports for retail space. Office Manager Passage stated that there were some concerns regarding a dual use as Rescue 33 Community would still be operating from the site along with them renting (leasing) space to a business. She advised the committee that a variance would be required to obtain C2 General Retail zoning. She advised the committee that the building was currently tax exempt and questioned if the building should still be tax exempt with a for profit business leasing. Office Manager Passage stated she contacted Dave Ryan, with the Peoria County Supervisor of Assessments Office and inquired about tax exempt giving no address or names. Mr. Ryan responded it is his understanding that the leased portion would be taxable, however; those decisions are made by the Department of Revenue. She also advised the committee the building is not currently metered and the public works committee and Superintendent of Public Works is working on getting unmetered building metered.

Attorney Day advised the committee that he has talked with Tracy Hedden regarding this situation. He believes that the C2 General Retail zoning would be sufficient for the use of the building. He also explained that a variance would be necessary as the building will not meet the Front and side yard requirement.

Chairman Connor stated the building is already occupied by the business and believes the business is providing a benefit to our committee and recommended that the rezoning request be processed through the property procedure. She also stated that she believes the water at the facility should be metered and billed appropriately. Alderperson Bredeman and Braun agreed with the chair.

Office Manager Passage asked that Attorney Day be requested to contact Tracy Hedden to advise the rezoning may not proceed until the variance request is also submitted. The committee instructed the attorney to contact Tracy Hedden regarding the needed variances.

Office Manager Passage advised the committee that once everything is received the requests will be processed and two public hearings will be scheduled. She stated should the plan commission recommend the rezoning and the zoning board of appeals grant the variances the attorney will draft the necessary ordinance and the ordinance to rezone will be presented to the council meeting after approvals are received. The committee agreed to proceed.

FLM - Update - Attorney Day reported that he is working with the States Attorney's office to schedule a time to meet to discuss the letter the city sent regarding FLM's mining activities at their site off of Truitt Avenue. He reported that he would like to work with them regarding the timing of any inspections. He requested that he be given permission to submit a Freedom of Information Request to obtain some more information. The consensus of the committee was to instruct the attorney to submit the freedom of information request(s) as necessary.

Alderperson Sharp voice his concern regarding Galena Road & Gravel being contracted to mine the area, potential increase truck traffic to the road. He asked if they could be required to pay a tonnage fee.

Attorney Day responded that FLM is the owner of the property, which is in the county, and they have the right to contract said service. He stated that they would have to abide by the court ruling and the county regulations.

Office Manager Passage explained that the tonnage fee that Galena Road and Gravel pays to the city is a requirement within the annexation agreement the city has with Galena Road and Gravel for the property they own that is within the corporate boundaries of the city of Chillicothe.

OLD BUSINESS

SUMMARY

Council Agenda Items - nothing

Chairperson Actions - nothing

Motion Alderperson Braun second Alderperson Bredeman there being no further business the meeting adjourned at 5:55 p.m.

https://cms9files.revize.com/chillicothe/01.25.23%20judicial.pdf