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City of Chillicothe Judicial Committee met July 31

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Chillicothe City Clerk Jill Byrnes | City of Chillicothe

Chillicothe City Clerk Jill Byrnes | City of Chillicothe

City of Chillicothe Judicial Committee met July 31.

Here are the minutes provided by the committee:

The Judicial Committee met on July 31, 2024 at 4:30 p.m., in the council chambers at City Hall.

Present: Chairman D. White, Alderperson Sharp, Alderperson Bredeman

Also Present: Mayor Hughes, Attorney Day, Alderperson Connor, Office Manager Passage, Chief Cooper Chairman D. White called the meeting to order at 4:30 p.m.

PUBLIC COMMENT

None

PURPOSE

Review - Code Section 14 Animals - Chickens - Section 14-3 Keeping livestock - states that no domestic animals, including but not limited to.......chickens...shall be kept, boarded or maintained within the limits of the city except country home districts... Chairman D. White stated that some citizens have requested that chickens be allowed within the corporate boundaries.

Alderperson Bredeman entered the meeting at 4:35 p.m., the consensus of the committee was to mark him present at said time.

A discussion was held regarding creating guidelines to allow in other zoning districts. Chief Cooper stated if a significant number of citizens have chickens it would increase work load regarding enforcement of the code. He also stated

PCAPS will not take chickens so removal may be an issue. Alderperson Sharp stated that he did not want to allow chickens in town. Alderperson Bredeman was undecided and asked what other municipalities are doing. After discussion, the consensus of the committee was to stay with the existing code that allows in residential country home zoning and agriculture zoning.

Model Ordinance - Regulating Public Camping - On June 28, 2024, the Supreme Court of the United States issued its Opinion in the matter of City of Grants Pass, Oregon v. Johnson et al. The underlying issue involved municipal authority in the regulation of camping on public property, specifically as it relates to homeless individuals. IML has developed a Model Ordinance Regulating Public Camping that complies with both the letter and spirit of the Supreme Court's opinion. The model ordinance maintains a structure of progressive ("stepwise" is the term used in the Court's opinion) enforcement and penalties. Chairman D. White explained that the city should pass an ordinance to deal with regulating public camping, however; he believed the IML model ordinance was to stringent. Chairman D. White recommended to have the attorney review the model ordinance and make a recommendation for changes to better fit our community. Attorney Day advised that the ordinance must pertain to all whether homeless or not. Alderperson Sharp voice his concern regarding Moffitt Drop off area. The consensus of the committee was to have the attorney review the model ordinance and bring back to committee his recommendations to amend the model ordinance.

Request to waive Massage Establishment fee - Samantha Allen - Chairman D. White stated that Samantha Allen applied for a Bodywork establishment license, at which time she requested that the initial fee of $250.00 be waived. There is also an annual renewal fee of $100.00. She stated the reason for the request was she has had an established business in Chillicothe since 2021 and she it moving to a new location. A discussion was held regarding setting a precedence. Attorney Day explained it would be precedence, however; it would be limited they had to be in business in Chillicothe before the change, meet all of the new ordinance requirements and pass inspections. Chairman D. White recommended that the initial fee of $250.00 be brought to council to be waived, however; she would be required to pay the renewal fee each year. The consensus of the committee was to bring the request to waive the initial fee of $250.00 to council for approval at the August 12 meeting.

Residential EV Charging Stations - Establish Fee - Regulation

Attorney Day presented an ordinance regarding electric vehicle charging parking. This ordinance changes the existing 106-312 (d) paragraph to be 106-312 (e) and the new paragraph 106-312 (d) will state – No building permit will be issued for any building unless the plans meet the requirements of Section 18-153 of this Code and the applicable provisions of Illinois Electric Vehicle Charging Act. It also adds new section in section 18 stating - Enforcement of Electric Vehicle Charging Act. The City of Chillicothe will enforce the requirements of the Electric Vehicle Charging Act, as the same may be amended from time to time, as required by the State of Illinois. The consensus of the committee was to bring the ordinance to council at the August meeting to refer the ordinance to the plan commission to hold the required public hearing.

Office Manager Passage stated that we need to look at what should be added to the city code regarding the building permit fee for the EV charging stations and any requires regarding plans. She also stated that the code currently states the number parking spaces required and a determination will need to be made if that should increase or if it would be sufficient with the now required EV charging stations. The committee directed the City attorney to look into the concerns and report back to the committee.

Review - Draft Ordinance Zoning Code Changes - Attorney Day presented the draft of the ordinance with the zoning codes changes as discussed. Chairman D. White explained that the ordinance presented addresses all the changes the committee has been working on and recommended. The consensus of the committee was to present the ordinance to the city council at the August 12 meeting to refer the ordinance to the plan commission to hold the required public hearing.

Review - Draft Ordinance Building Codes - Attorney Day presented the draft ordinance adopting building codes. Chairman D. White advised the committee that he worked with Dennis Parkins, who sits on the Plan Commission to review the 2021 Building codes and 2020 Electrical code to determine any changes that may be necessary to exclude from the code before adopting. Attorney Day advised the changes are noted in the ordinance proposed. The consensus of the committee was to present the ordinance to council for approval at the August 12 meeting. This does not change the zoning section of the code therefore; it does not require a public hearing and may go to council for passage.

OLD BUSINESS

SUMMARY

Council Agenda items - Refer to Plan Commission -Ordinance Zoning Code Changes

Refer to Plan Commission - Ordinance Regarding Electric Vehicles

Approve - Ordinance Adopting Building Codes

Approve - Waiving Body work establishment initial fee - Samantha Allen

Chairperson Action - Chickens

There being no further business the meeting adjourned at 5:28 p.m.

https://cms9files.revize.com/chillicothe/07.31.2024%20judicial.pdf

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