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Public Safety Committee Minutes 2007 07-17-07 Page 1 of 8 APPROVED 8/22/07 UNITED CITY OF YORKVILLE PUBLIC SAFETY MEETING Tuesday, July 17, 2007, 7:00pm City Conference Room In Attendance: Chairwoman Rose Spears Alderwoman Robyn Sutcliff Alderman Joe Plocher Alderman Wally Werderich Other City Officials in Attendance: Mayor Valerie Burd Interim City Administrator Bart Olson Police Chief Harold Martin Lt. Don Schwartzkopf Parks Director David Mogle Guests: Attorney Dan Kramer Todd Kotter, Taylor Street Pizza Nick Cordell Kathy Farren,Kendall County Record Dennis DiGuido The meeting was called to order at 6:57pm by Chairwoman Rose Spears. Presentation: None New Business: (The committee moved forward to Item 49). 9. PS 2007-16 Request to Amend Liquor License Ordinance Regarding Patio Licenses This issue had been discussed at a prior meeting regarding a business downtown and the safety factor for children frequenting the business located near the train tracks. The Mayor requested to give some background to the committee. She said that when Taylor Street Pizza asked for a patio license, she allowed the 5-foot fence the previous Mayor had requested. She made this decision just after being elected and stated she wants to be consistent She also said State Statute allows the Mayor to make such decisions. Following other patio license requests, she wants all applicants to be dealt with fairly. She asked for the Council's input so the ordinance is standard. There is a now a limit of three patio licenses and she feels the number should be larger. She said Legends has erected a 4-foot fence with the understanding they would add flower planters, etc. to increase the height of the barrier. Page 2 of 8 Ms. Spears said that the ordinance needs to be readdressed and the number of licenses possibly increased. Other nearby towns do not require a 5-foot fence and she did not feel it was needed for safety. Alderman Werderich noted that all three of the outside licenses have been requested, though no permits have been issued. One establishment is out of business. He felt that different circumstances could call for different fence heights. The fencing material was also discussed and Alderwoman Spears suggested it should be the decision of the business. Mr. Werderich summarized the situation being discussed: that the fence in question was built before the liquor application and was based on the building code. Mayor Burd added that Mr. Ratos had been notified prior to installing his fence and built a 4-foot rather than the 5-foot fence he was told to install. She noted that Taylor Street Pizza had conformed while Mr. Ratos did not. She said she hoped for City Council support in her decision. Mr. Kotter of Taylor Street Pizza said that while he has installed his fence and raised it off the ground a foot to meet the 5-foot requirement, he is still not able to serve liquor until a liquor inspection is done. Mr. Olson said the permit is signed, but due to the 1- foot gap at the bottom of the fence, the permit had not been issued to the business yet. A suggestion was made by Attorney Dan Kramer that a 4-foot minimum fence would meet the building code. Language should also be added that would state "otherwise approved by Liquor Commissioner"when the permit is issued. Discretion is needed, he said. It was noted that Attorney Kramer was present at this meeting on behalf of the sports bar "Legends" as well as the nearby restaurant. Mr. Kramer said Mr. Ratos had called Bill Dettmer regarding the fence height before Ratos ordered the fence. According to the Mayor, a courtesy call was made to Ratos by Mr. Olson. A suggestion was made to include any height variation language in the liquor permit. Alderman Plocher questioned the point from which a fence height is measured. It was decided it should be measured from finished grade with language stating that a fence must measure a minimum of 4-foot and have final approval from the Liquor Commissioner. The City Attorney will also be asked to review this language. This matter will move to the July 24, C.O.W. Page 3 of 8 10. PS 2007-17 Request to Limit Number of Package Liquor Licenses Some committee members asked why the number should be limited. The Mayor said the number should be abolished and be determined by mayoral discretion. Alderwoman Spears asked if the City might be challenged if an unlimited number were offered. Mr. Werderich said the applicant should have to prove themselves, rather than the City limiting the number. Ms. Spears suggested the City should check with the Attorney and gather information from other municipalities. It was thought that most other towns do not have a limit. After a brief discussion, it was decided that Bart Olson will consult with the attorney and with Bill Dettmer regarding the fencing issue and these items will be placed on the August 14th City Council agenda. Mr. Olson suggested breaking this down into two segments: 1) move forward with fencing amendment and 2) obtain legal opinion for the license limits. Since there is adequate time, a survey of other towns will also be done. In an informal vote, all committee members ratified the 48" fence requirement and to abolish the package liquor license limits. (return to regular order of agenda) Minutes for Correction/Approval: July 13, 2006 It was questioned why the minutes were so late (2006) and Mr. Olson explained it was likely the minutes had been approved at a C.O.W. meeting, but not approved by the committee. This would have occurred when the governing ordinance took effect and committee structures changed. Since only one original committee member is still on the committee, it was suggested that the Attorney be consulted for his opinion on how they should be approved. This item will come back next month. New Business: 1. PS 2007-08 Police Reports for June 2007 It was noted that recent training had been received regarding the design and construction of a new police facility. Chief Martin will give a presentation at the August 13th Public Safety meeting. In other training, officers learned about terrorists possibly using crop duster planes. Alderwoman Spears encouraged all such training and Chief Martin noted that Homeland Security pays for this. Chief Martin also noted a correction (there were 2 `January's')in the offense report. No further action. 2. PS 2007-09 Request to Purchase Terex RL 4000 Light Tower Sgt. Delaney requested the purchase of this item that can be used for traffic reconstruction, disasters, for areas of low lighting and city events. It has its own generator. The cost difference between a new and used light is minimal. The consensus Page 4 of 8 was to purchase this item at a cost of approximately $7,500 and since the purchase is under $10,000, it will not need to be forwarded to City Council. 3. PS 2007-10 Request for No Left Turns at Rt. 47&Hydraulic and Rt. 47&River Chief Martin said this action is needed and needs City Council approval. It would be enforced under current ordinances. The wording was clarified that no lefts turns would be allowed from Hydraulic onto Rt. 47 and left from River Rd. onto Rt. 47. An ordinance is not needed for enforcement, according to Bart Olson, however, he said there should be one to memoralize the decision. The City will send a letter to IDOT and this item will be forwarded to C.O.W. in order to inform the entire Council. Alderman Plocher said the same situation occurs on West Main St. Parked cars would need to be further back from the intersection. A similar problem was noted on Countryside Parkway. This moves to the July 24th C.O.W. Committee members all informally voted to ratify this decision. 4. PS 2007-11 Cannonball Trail @ John Street-Intersection Signage The City Engineer brought this problem forward initially. Chief Martin said the intersection is a problem and had been discussed in 2006 (as noted in the minutes for approval). There is a 3-way yield at this intersection that is confusing. IDOT regulations do not allow for a 3-way yield, but the intersection does not warrant stop signs at this time. The Chief said the Kendall County Sheriff had sent a letter requesting stop signs except for the side from which sheriff's vehicles would leave. The City would be liable if an accident occurred there because the City knew it was improperly signed. He said he would like the City Attorney's opinion. To make the intersection legal, both yield signs would be needed on John St., however, that would require the county squads to yield. Alderwoman Sutcliff noted that traffic has increased there. The Chief will contact Sheriff Randall and will also ask for a letter from the Mayor stating the action the City desires to make this intersection legal. This matter will be brought back to committee for review. The consensus of the group was to carry out this action. Page 5 of 8 5. PS 2007-12 Traffic Unit Discussion Alderwoman Spears complimented Sgt. Delaney's written proposal for a Traffic Unit. Chief Martin explained that the majority of calls they receive concern complaints regarding traffic. While some are perception, other complaints require action. The Traffic Unit would address specific issues and would be proactive in child-related issues. It was noted that the Child Seat Safety Event is a popular event and was started in Yorkville. Chief Martin noted that child seat installations would be done at any time. Chief Martin said officers will work with citizens who report various traffic situations like speeding. He said the cost of a Ladar(a laser speed detector)is $5,000. The hand- held units are $1100-$1200. Alderwoman Spears suggested that developers should contribute toward these purchases since they help generate traffic. Discussion turned to impound and forfeitures. Alderman Werderich explained there is a state statute that says if a person commits certain crimes,police can take certain assets from the perpetrator. This is the forfeiture portion. There is also an impoundment proposition that would be part of the city ordinances and would allow for an impoundment fee. Chief Martin noted that the formation of a Traffic Unit was a goal set for him by the prior Mayor and Public Safety Chairman. The consensus of the committee was to approve the formation of the Traffic Unit. No further action is needed. 6. PS 2007-13 Request to Use City Owned Land Parcels for Vehicle Storage Chief Martin presented suggestions for storage of impounded vehicles. Those locations are: just east of the old post office, near the old water tower and by the river near the former Parks building. The water tower location is the most desirable since it is least visible and would be enclosed with a slat type fence. Alderman Werderich said he is totally opposed to using the area near the river since that area should be preserved. He asked if impound money could be used to buy a parcel of land for vehicle storage as a long term solution. Chief Martin said the water tower area (south end of town) would be fenced and added that the money the City would receive from an impound would be less than 50% after other public bodies get their share. The Chief hopes that in 2-3 years a new police facility would be built with adequate storage space. The committee consensus was to approve this temporary solution. All committee members agreed to the fact that storage is needed and that the short-term solution is agreeable. Page 6 of 8 7. PS 2007-1 Sale of 1991 Ford Thunderbird(Old DARE Car) The Police Department wishes to have Council approval to sell the former DARE car that has very high mileage. Sealed bids will be taken with no minimum required. The committee approved this action and this item will move to the July 24th consent agenda. 8. PS 2007-15 Request to Purchase Vehicles—Planned in FY 07108 Budget The City currently has money budgeted for one new police vehicle according to Chief Martin. He said had approved a purchase order already since the time to order was by June 29th. A total of four vehicles are in the budget for this fiscal year. Two vehicles are needed in the next couple months when more funds are available. The committee approved of this purchase and Alderwoman Sutcliff noted that the City should explore alternative fuel vehicles for the City. This item will move to the consent agenda on the next C.O.W. meeting. 10. PS 2007-17 Request to Limit Number of Package Liquor Licenses Because of the number of liquor license applications, this item was brought to the committee. According to Bart Olson, many of the applicants have been asking how many licenses would be allowed. Alderwoman Sutcliff asked if there is a limit on the number of bars in the City. Chief Martin said there was a limit of 3 bars and it was thought that was for the entire town. Distance between the bars was also discussed and it was noted the cost is $750 per liquor license. The Attorney will be consulted for his legal opinion. The Chief said that the City must be careful about placing limits and especially since liquor is sold in various places including gas stations,package liquor stores, etc. The consensus of the group was to conduct some research first including municipal fees and then consult the City Attorney. This will be brought back to committee in August. 11. PS 2007-18 Bicycles and Roller Wheels Ordinance Discussion Chairwoman Rose Spears said this item had been before committee a year ago and was tabled at that time. (Sample ordinances from other towns were handed out.) Ms. Spears said she had received complaint calls regarding rollerblading in business parking lots. However, it was noted that this was private property. Alderman Plocher said he would rather see kids rollerblading instead of drinking and Aldermen Werderich and Sutcliff said they were opposed to restricting kids in that manner. Alderman Werderich added that there are very few trails to reach the downtown. Page 7 of 8 David Mogle added that restricting rollerbladers from riding in parking lots could cause them to ride on public streets. Motorized scooters were also briefly discussed. The consensus of the group was that they were opposed to an ordinance prohibiting rollerblading in the City. No further action. 12. PS 2007-19 Public Display of Signs—Discussion Only Chairwoman Spears asked to include this agenda item due to the appearance and placement of some of the campaign signs during the recent election. She felt it became a safety issue and noted it is against the law to place them in the right-of-way. She recommended a campaign packet that would outline where signs could be posted and other rules regarding campaign signs. Alderman Plocher noted that Oswego had sent him a campaign policy. He noted there is a fine associated with the numerous builder signs placed on the weekends. Mr. Plocher said that if there was a fine for illegally placed campaign signs, there was also a chance that the signs could be illegally moved causing the candidate to be fined. Mayor Burd said she favored freedom of speech and campaigns were a time to connect with constituents. Alderwoman Spears said placement in the right-of-way is illegal and that candidates would be sending the wrong message if they placed signs there. A request was made for Mr. Olson to obtain campaign rules from other towns so that research could be done prior to any policy-making. It was suggested to make recommendations on campaign petitions. It was noted that campaign petition information falls under the City Clerk. Mayor Burd also suggested a public relations piece prior to any election to help guide a potential candidate through the election process. Acting City Administrator Olson commented that a new legal opinion should be obtained prior to discussion on campaign packets. And he said that he had concerns with staff outside the Clerk's office, rendering opinions on materials needed for the Clerk's office. Mayor Burd said the State Board of Elections packets could be used. She said she had made a telephone call to the State Board to determine the proper petition to be used for the City elections because she said the process was confusing. Information will be obtained from other municipalities prior to any further discussion. In a related signage matter, Chairwoman Spears said she had received inquiries regarding the crosses erected after fatal accidents. The Police Chief said most of the crosses in the City are on state property and if they are not in the right-of-way, they are not illegal. He said the State does not remove them. Alderwoman Sutcliff said she felt they served as a warning. No further action. Page 8 of 8 13. PS 2007-20 Proposed Amendment to Solicitors, Hawkers &Itinerant Merchants Ordinance This item came from a request by the area vendors who sell ice cream from trucks. Chief Martin said the vendors wish to also sell ice cream on Sundays until dark. It was noted that background checks are done on the individual drivers. The committee agreed to this request. Since it is an amendment to the ordinance, the request will be forwarded to the July 24th C.O.W. consent agenda. Old Business: Mayor Burd said that she had recently observed persons sitting on the dam. She called the police and the persons were charged. Police will be carefully monitoring this area. Ms. Spears asked about the status of the stop sign on westbound Countryside and Mr. Olson said he is checking the cost of a lighted stop sign. He asked if that would be a problem with any of the citizens on the corner since a variance for a similar sign had just been denied to a church in that area. It was decided that the start time of the Public Safety meeting would change to 6pm. This change will be posted on the web page. Bart Olson noted an amendment would be needed for the Governing Ordinance. The meeting was adjourned at 9:37pm. Minutes respectfully submitted by Marlys Young, Minute Taker