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Public Safety Packet 2012 11-01-12 Co.o United City of Yorkville '" 800 Game Farm Road EST. _ 1835 Yorkville, Illinois 60560 -c Telephone: 630-553-4350 O L Fax: 630-553-7575 �C E AGENDA PUBLIC SAFETY COMMITTEE MEETING Thursday, November 1, 2012 6:30 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: October 4, 2012 New Business: 1. PS 2012-28 Purchase of Adjudication Software 2. PS 2012-29 Public Safety Committee Meeting Schedule for 2013 Old Business: 1. PS 2012-20 Golf Carts in Subdivisions Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC SAFETY COMMITTEE Thursday, November 1, 2012 6:30 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. October 4, 2012 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2012-28 Purchase of Adjudication Software ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2012-29 Public Safety Committee Meeting Schedule for 2013 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- l. PS 2012-20 Golf Carts in Subdivisions ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 CIP Reviewed By: Agenda Item Number J� 6 Legal ❑ Minutes EST. 1&36 Finance El Engineer ❑ Tracking Number Gy City Administrator El r� 9 _© Public Works ❑ Agenda Item Summary Memo Title: Minutes of the Public Safety Committee—October 4, 2012 Meeting and Date: Public Safety Committee—November 1, 2012 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Committee Approval Submitted by: Minute Taker Name Department Agenda Item Notes: DRAFT UNITED CITY OF YORKVILLE PUBLIC SAFETY MEETING Thursday, October 4, 2012 6:30pm City Hall Conference Room In Attendance: Chairman Carlo Colosimo Alderman Larry Kot Alderman Rose Spears Alderman Chris Funkhouser Other City Officials in Attendance: City Administrator Bart Olson Deputy Chief Don Schwartzkopf Administrative Intern Jeff Wechbach Others in Attendance: Rhonda Waddle, Valence Holdings The meeting was called to order at 6:30pm by Chairman Colosimo and a quorum was established. Minutes for Correction/Approval: September 6, 2012 The minutes were approved as presented. Alderman Funkhouser referenced a portion of the minutes on page 2 where documents were to be part of the official minutes. It was determined that the statement would remain part of the minutes. New Business: 1. PS 2012-26 Police Reports for September 2012 There was no discussion and this item will move to the October 23rd consent agenda. 2. PS 2012-27 Request to Amend the Liquor Code to Increase Number of Class A Licenses Mr. Olson said whenever a new liquor license is requested, the ordinance must be amended to increase the number allowed. He said the applicant has already presented a business plan. Ms. Rhonda Waddle of Valence Holdings d/b/a Dolly's was in attendance to present the plan details. She described the proposed facility and said it would be a coffee shop, gaming facility and a service bar. In order to obtain their gaming license, the business must have a liquor license. The main focus is the video gaming/convenience store. She said the age group they hope to attract is 50+. 1 The business, located at Fountain Square, would have 2 separate facilities, entrances and employees. There would be a duplication of services in each facility. Each facility is allowed 5 gaming units and to be able to have 5 additional games, there must be an additional liquor license. Chairman Colosimo asked if there is an age restriction to enter. A patron must be 21 years of age or with someone who is 21. Patrons will be carded. Ms. Waddle said there will be 5-10 employees per site and the company has full benefits. Her company likes to hire locally with background checks being conducted on all employees. The company intends to be involved in the community. Alderman Kot asked if there are any similar facilities open. Ms. Waddle said there are none others open, however, within 30 days, she expects Murphysboro to be open and Channahon and East Dubuque have both been approved also. She said the process has been somewhat slow due to the time it takes to obtain the gaming license. The gaming machines can be set up for a variety of games such as card games with 25-30 different ones available. The player would have a choice and payouts are made through a voucher system from an ATM-type machine. She said the State monitors the machines closely and an armored car service collects all money. Ms. Waddle said they hope to partner with the nearby sports bar for food. Alderman Kot questioned the convenience aspect. Gum, snack items and other items will be available. All committee members were in favor of this business and liquor licenses and this item will move to the October 23rd City Council consent agenda. Old Business -none Additional Business - none There was no further business and the meeting was adjourned at 6:48pm. Minutes transcribed by Marlys Young, Minute Taker 2 CfTy Reviewed By: X06 Legal Agenda Item Number Finance El NB #1 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number Community Development ❑ PS 2012-28 Police Public Works ❑ Agenda Item Summary Memo Title: Adjudication Software Meeting and Date: public Safety—November 1, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D CI Ty �z� Q Memorandum EST. 1836 To: Public Safety Committee Members From: Molly Schwartzkopf, Exec. Assistant O� 41 f o... `� CC: Bart Olson, City Administrator Date: October 25, 2012 <4.E �v Subject: Laserfiche WebLink and CAPERS Adjudication Software Overview City staff has been researching software that will enhance the flow of information between City departments, and make more information readily available to the public. CAPERS, an adjudication and building permit software, will increase City efficiency by reducing staff time required for information requests, research, data entry, and administrative adjudication processes. CAPERS: Adjudication and Building Permits Right now, there is no ability of updating the current software being used for adjudication (programmed by past IT staff). Also, the software cannot be shared between departments, and it is programmed for processes set when the system started. If any other involved Department wants to view information, they cannot do so without calling/asking the Police Department. Furthermore, no changes can be made to any of the processes or form letters automatically produced by the current software. Because of this, Police Department staff(appointed to administer the Administrative Adjudication system) met with CAPERS, a company that offers municipal software solutions. CAPERS incorporates both police, building, and city ordinance violations into one package. CAPERS is waiving the cost for the Building Permits module (separate from the court module), leaving only the monthly maintenance fee associated with the software option. More importantly, CAPERS interfaces with MSI/Harris Software that would eliminate double entry into software systems,payment tracking, and collections files. Plus, they are currently in the final stages of developing DRS (debt recovery) interfaces for unpaid debts due the City. The software is being used by the Village of Oswego, and has demonstrated that it is flexible enough for the changing needs of our adjudication system and the code enforcement department. The cost of this software is $18,000+ a $416.67/month maintenance fee (or$5000 annually). Because of the cost of the initial year, City Council authorization is required. We have enough money in our city-wide IT budget for this program, and further, the surplus ran by the adjudication process each year will offset this new program cost. Finally, because this is a proprietary software, we can not solicit bids with different companies to purchase the program. k t v It It It IT If >S y S � t t J k Y _ ? 1 t 4 g } 4t. J.� t J:y ft s` t` t7G xt hrik b L. Y r1.It i Is It it It IA GFtt tk � $ p t . f 4 a K t f . t S s t f Y rE Y t - P� � t s ter'. tIL } x F z z K a t n� E 2 tII It It s� t * r sty to �. a #s i G � y n t" I vYU. 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' ` • i • ` • ' • • • • r • • • • ` ` ! ! • • ' ! ` ! ` • r • ` • r i ' i • ' r • • ! r Mk go r The Need to Know OF AP r • � 8 � q � °ed � � e°° 0��e��eg✓'� as • • $� + &? �x .§' ° +' � any 5 ° + .c a ���° ie a §, h. «� • a i + , i '' • ` ! • • ! < i ! • r • 'r ! • i ® r i • ! • r • :_ice • ! !: Am dr Aft AL ift dh k � Intellioent Solutions Yorkville Police Department October 2012 Agreement Letter For ,4 isa' Criminal A4uity Police Enfo*Ement Records 5ystern s Presented to: Village of Yorkville 804 Game Farm Rd Yorkville, IL 60560 Intellioent Solutions Village of Yorkville Police Department October 2012 LICENSED SOFTWARE PURCHASE AND RELATED SERVICES AGREEMENT THIS LICENSED SOFTWARE PURCHASE AND RELATED SERVICES AGREEMENT (hereinafter "Agreement"), is made as of the date below, by and between the VILLAGE OF YORKVILLE POLICE DEPARTMENTPE, a governmental body, with its principal offices at 804 Game Farm Rd, Yorkville, IL 60560 (hereinafter the "AGENCY"), and INTELLIGENT SOLUTIONS, an Illinois corporation with its principal offices located at 9930 West 190th Street, Unit L, Mokena, Illinois 60448 (hereinafter the "COMPANY"). The term "COMPANY" shall include the COMPANY'S employees, agents, and all other designated representatives. RECITALS: WHEREAS, the AGENCY desires Software and Services offered by the COMPANY, (hereinafter "Software and Services") which are to be provided at and conducted on the AGENCY'S premises located at 804 Game Farm Rd, Yorkville, IL 60560 or at designated off-site locations as specified by the AGENCY to the COMPANY; and WHEREAS, the COMPANY is in the business of providing such Software and Services and desires to provide the Software and Services for the AGENCY; NOW, THEREFORE, for good a valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: AGREEMENTS: 1. TERM. This Agreement commences on the date hereof and terminates no earlier than five (5) years after the date hereof. After the expiration, this Agreement can be terminated at any time by either the AGENCY or the COMPANY with thirty (30) days written notice, subject to Paragraph 16 of this Agreement. 2. LICENSED SOFTWARE. The COMPANY Software licensed to the AGENCY in this Agreement is its CAPERS Software Package (hereinafter "CAPERS") including any third party products that the COMPANY integrates with the Software. 3. LICENSE GRANT. Subject to the payment of fees in accordance with Paragraph 3 and the other terms and conditions of this Agreement, the COMPANY grants the AGENCY a perpetual, non-exclusive, non-transferable license to (i) use the LICENSED SOFTWARE and related user documentation (the "DOCUMENTATION"), on a single computer, which acts as the AGENCY'S server for its own internal business purposes, and (ii) make one backup copy of the LICENSED SOFTWARE, provided that the LICENSED SOFTWARE is not modified and all copyright notices are maintained on the LICENSED SOFTWARE (collectively, the "LICENSE"). The AGENCY shall be responsible for obtaining all hardware and all third-party licenses for software necessary and not supplied by the COMPANY for the correct operation of the LICENSED SOFTWARE. 2 CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 4. LICENSE EXCLUSIONS. The AGENCY may use the LICENSED SOFTWARE only to the extent expressly authorized or licensed under this Agreement. Specifically, but not by way of limitation, the AGENCY shall not (i) reproduce, modify, or create derivative works of the LICENSED SOFTWARE or DOCUMENTATION, or (ii) reverse engineer, decompile, or disassemble, or otherwise attempt to derive the source code of the LICENSED SOFTWARE, or any portion thereof. 5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS. Subject only to the License expressly granted to the AGENCY herein, the COMPANY retains all right, title, and interest in and to the LICENSED SOFTWARE and DOCUMENTATION, including ownership of all copyrights, trademarks, trade secrets, and patents. Any integrated third-party software is the property of their respective owners and may be protected by copyright or other law. 6. SOFTWARE UPDATES. The COMPANY shall notify the AGENCY of any new standard or additional features released subsequent to the installation at the AGENCY and which are released during the term of this Agreement. 7. SCOPE OF WORK, COST AND PAYMENT. The AGENCY agrees to purchase from the COMPANY the following: Description: Unit Price: CAPERS Court Adjudication Module $ 18,000.00_ CAPERS Permits Module $ 0.00 Annual Maintenance (bug fixes, upgrades, 24/7 support) $ 5,000.00 Implementation Cost: $ 23,000.00 Rebates/Promotions: $- 5,000.00 Total Implementation Cost: $ 18,000.00 Annual Maintenance Dues: $ 5,000.00 The AGENCY agrees to pay the COMPANY $18,000.00 to begin the project. The contract sum shall not be increased without the express written consent of the AGENCY. Annual maintenance dues will be invoiced two months prior to the anniversary date of Go- Live in the amount of $5,000.00. The COMPANY will provide all initial hardware, installation and training for the purchased software listed above as described in Addendum A. Any additional hardware needed will be quoted by the COMPANY for approval by the AGENCY. The AGENCY agrees to supply the COMPANY with secure Virtual Private Network access to the AGENCY'S firewall for access to hardware listed in Addendum A. If additional training or on-site support is deemed necessary by the AGENCY, the rate for service will be ninety-five dollars ($95) an hour. 3 CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 8. ASSIGNMENT. The COMPANY shall not assign the duties and obligations involved in the performance of this Agreement, which is the subject matter of this Contract without the express written consent of the AGENCY. 9. INDEMNIFICATION AND INSURANCE. To the fullest extent permitted by law, the AGENCY shall defend, indemnify and hold harmless the COMPANY and its respective officers, agents and employees, from and against all claims, damages, losses, costs, expenses, judgments and liabilities, including but not limited to attorney's fees, costs and expenses, arising out of, or in connection with the COMPANY'S performance of or failure to perform this Agreement, provided that any such claim, damage, loss, costs, expenses, judgments or liabilities are attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible personal property, including the loss of use resulting there from, that is caused in whole or in part by any act or omission of the COMPANY, any subcontractor, anyone directly or indirectly employed by them for anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitations on the amount or type of damages, compensation or benefits payable by or for the benefit of the AGENCY or any indemnities under any Worker's Compensation Act, Occupational Disease Act, Disability Benefits Act, or any other employee benefits act. The AGENCY further agrees to waive any and all liability limitations based upon the Worker's Compensation Act court interpretations or otherwise. The COMPANY agrees that a similar waiver of liability limitation will be incorporated in its agreements with sub-subcontractors or anyone directly or indirectly employed by them. The defense and indemnification obligations set forth in this provision shall survive the termination or expiration of this Agreement. 10. CONFIDENTIALITY. All information of any kind disclosed to the AGENCY by the COMPANY (in whatever form, including without limitation, written and oral information) shall be deemed the COMPANY'S proprietary and confidential information ("Confidential Information"). The AGENCY (a) shall treat and maintain the Confidential Information as the COMPANY'S confidential property, (b) shall not disclose the Confidential Information to any other person or entity except as authorized herein, (c) shall safeguard the Confidential Information at least to the same extent that it would its own proprietary and confidential information, and (d) shall not duplicate, use or disclose the Confidential Information, in whole or in part, to others except as is necessary to use the Software and Services hereunder (and then only on a confidential basis satisfactory to the COMPANY). Confidential Information shall include, without limitation, any information (including any technical information, experience or data) regarding the COMPANY'S products, plans, programs, processes, costs, equipment, operations or customers which may be disclosed to or come within the knowledge of, the AGENCY, its employees and agents in the performance of this Agreement. The provisions of this Section shall not apply to any information referred to in this Section which the AGENCY establishes (a) has been published and has become part of the public domain other than by acts or omissions of the AGENCY, its employees and agents, (b) has been furnished or made known to the AGENCY by third parties (other than those acting directly or indirectly for or on behalf of the COMPANY) as a matter of legal right and without restriction on disclosure or use, or (c) was in the AGENCY's possession prior to disclosure by the 4 CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 COMPANY to the AGENCY and was not acquired by the AGENCY, its employees and agents directly or indirectly from the COMPANY. 11. NOTICE. Except as otherwise specifically provided herein, any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered in person, or if sent by a nationally-recognized courier service such as Federal Express, or if deposited in the United States mail,postage prepaid, for mailing by first-class registered or certified mail, addressed as follows: If to the AGENCY, it shall be addressed to: Molly Schwartzkopf Village of Yorkville 804 Game Farm Rd Yorkville, Illinois 60560 If to the COMPANY,it shall be addressed to: Intelligent Solutions 9930 West 190t'Street, Unit L Mokena, Illinois 60448 Attention: Richard Fugett or to such other address or individual as either party may specify from time to time by written notice given by such party in accordance with this Paragraph. 12. COMPLIANCE WITH LAWS. The COMPANY shall comply with all federal, state, and local statutes, laws, ordinances, regulations, rules and codes applicable to the Software and Services, including the AGENCY'S site rules and regulations, and permits and licenses that may be required to perform the Services. 13. APPLICABLE LAW. This agreement is construed and interpreted in accordance with the laws and judicial decisions of the State of Illinois and all questions of performance hereunder shall be determined in accordance with such laws and judicial decisions; by execution of this Agreement, the COMPANY and the AGENCY agree to submit to the jurisdiction of the courts of the State of Illinois. 14. AMENDMENTS AND MODIFICATIONS. This Agreement may not be amended or otherwise modified other than by a written agreement signed by all of the parties hereto. 15. FAIR DEALING. The parties recognize and intend that portions of this Agreement are very general in nature, and the parties acknowledge that they intend to operate in good faith and deal fairly with one another when interpreting their respective obligations hereunder. 5 CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 16. TERMINATION. Either party may terminate this Agreement subject to the following: a) Events of Default. Either party may terminate this Agreement upon the occurrence of one or more of the following events: the other party (i) violates or fails to perform any covenant, provision, obligation, term or condition of this Agreement, or (ii) ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or shall avail itself of or become subject to any proceeding under the Federal Bankruptcy Act or any other federal or state statute relating to insolvency or the protection of rights of creditors. b) Notice and Right to Cure. Upon occurrence of an event of default described in 16(a), the party not in default may immediately terminate this Agreement by giving written notice to the party in default, provided that the party seeking to terminate this Agreement has not itself committed a breach as provided in 16(a) at the time of providing written notice. However, the default is not cause for termination if (i) it is reasonably susceptible to cure, and (ii) the other party cures the default within thirty (30) days of written notice of default or presents a plan to cure the default and the default is cured within sixty(60) days of written notice of default. c) Effect of Termination. If this Agreement is terminated pursuant to Paragraph 16, the Agreement shall become void and of no further force and effect. Nothing in Paragraph 16 releases either party from any liability for any breach by such party of the terms of this Agreement. Further, the rights and remedies provided to the parties in Paragraph 16 are not exclusive and are in addition to any other rights and remedies provided by this Agreement or by law or in equity. 17. FORCE MAJEURE. The parties shall not be liable to each other for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of nature or other causes which are unavoidable in nature and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving any party from its obligation to pay any sum due to the other party. In the event that a force majeure was to prevent material compliance with this Agreement for more than 90 days, either party shall have the right to terminate this Agreement pursuant to Paragraph 16. 18. CONSTRUCTION. Captions and section headings used herein are for convenience only, are not part of this Agreement, and shall not be used in construing it. 19. SEVERABILITY. A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found not to be invalid. 20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all previous proposals, representations or statements, oral or written. Any previous agreements between the parties pertaining to the subject matter of this Agreement are hereby expressly canceled 6 CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 and terminated. The terms of this Agreement supersede the terms of any invoice or purchase order issued by either party. Any modifications of this Agreement must be in writing and signed by authorized representatives of both parties hereto. 21. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. If executed in multiple counterparts, this Agreement shall become binding when two or more counterparts hereto, individually or taken together, bear the signatures of all of the parties reflected hereon as the signatories. A facsimile signature to this Agreement is deemed to be an original for all purposes. IN WITNESS WHEREOF, the AGENCY and the COMPANY have executed this Agreement on the date hereof. Village of Yorkville Intelligent Solutions/CAPERS Printed Name Printed Name Signature Signature Title Title Date Date CAPERS Agreement Letter Intellioent Solutions Village of Yorkville Police Department October 2012 ADDENDUM A Exhibit "A" Computer Hardware Dell Server (Or equivalent) - Quad Core 2.0 GHz Processor - Windows Server 2008 5 CALS - 4 GB Memory - (4) 146 GB Hard Drives - UPS Power Supply - Monitor and Keyboard Adjudication Software and Services 1. CAPERS Court Adjudication Module 2. Entity Module 3. Ticket Module 4. Court Module 5. Court Docket 6. Address Module 7. Vehicle Module 8. Reports - Tickets by Issued Date - Tickets by Type - Ticket Summary - Tickets by Paid Date - Payment Recap Sheet - Court Docket 9. Adjudication flow and letters' - Initial Notice to Appear - Final Notice to Appear - Summons to Appear - Finding Decision Order - Finding Decision, Default Order - Collection Notice - Court Payment Receipt - Hearing Continuance 10. Initial Training (4 hours)2 11. On-site Support for First Adjudication Hearing3 'Changes to adjudication flow and letters will be billed at then current rate 2 Additional training will be billed at then current rates 3Additional support will be billed at then current rates 8 CAPERS Agreement Letter Reviewed By: Agenda Item Number 6 Legal ❑ NB #2 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ `=Q Community Development ❑❑ PS 2012-29 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Public Safety Committee Meeting Schedule for 2013 Meeting and Date: Public Safety Committee—November 1, 2012 Synopsis: Set meeting dates and times for 2013. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Committee approval Submitted by: Meghan Ostreko Clerk's Office Name Department Agenda Item Notes: Memorandum � 1836 EST. To: Public Safety Committee O41 From: Meghan Ostreko, Clerk's Office Date: October 25, 2012 �' �MMAC� 'q Subject: Public Safety Committee Meeting Schedule for 2013 LE The Clerk's Office is in the process of publishing the City's master meeting list for 2013. Listed below is a tentative schedule for the Public Safety Committee meetings for 2013. The proposed schedule has the Public Safety Committee meeting the 1st Thursday of each month at 6:30 p.m. Please discuss this schedule at the Public Safety Committee meeting and decide if you have any changes to the dates or meeting time. Public Safety Committee 1St Thursday — 6:30 pm January 3 July 3* (Wednesday, due to holiday) February 7 August 1 March 7 September 5 April 4 October 3 May 2 November 7 June 6 December 5 CIP Reviewed By: K 0 Legal Agenda Item Number 06 Finance ❑ OB #1 ESL -� 1836 Engineer ❑ City Administrator 0 � �� �; � y Human Resources ❑ Tracking Number � _© Community Development ❑ PS 2012-20 Police Public Works ❑ Agenda Item Summary Memo Title: Golf Carts Meeting and Date: public Safety—November 1, 2012 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Public Safety Committee EST. -�` Yid 1s36 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator s p Date: �LE `� Subject: Golf Cart Usage on Streets Summary: Follow up on a resident request for use of golf carts in residential neighborhood. Background: This item was brought up for discussion at the Committee of the Whole meeting on August 14, 2012 and tabled to the Public Safety committee. Golf carts have been requested to be used by residents in certain subdivisions of Yorkville. Currently Yorkville does not have a direct ordinance related to these vehicles. Therefore, any issue confronted with them must defer to the state policy. This law is found in the Illinois Compiled Statutes 625 ILCS 5 /11-1426.1 and 1426.2. An IML handout is attached which clearly explains the different regulations of vehicles available to the City. For ease of use, we've extracted certain components of the IML FAQ below. The first category of vehicles is a"non-highway vehicle". Non-highway vehicles include what is commonly referred to as ATVs, golf carts, dirt bikes and the lesser known "neighborhood vehicles" and"recreational off-highway vehicles". The second category of vehicles is a"low-speed vehicle". Low-speed vehicles are anything that conforms to federal regulations for vehicles in Title 49 CFR Part 571.500, and has a maximum speed greater than 20 mph and less than 25 mph. Most golf carts do not fit within this definition, but they can be speed modified. Both non-highway vehicles (NHVs) and low-speed vehicles (LSVs) must conform to federal vehicle standards in Title 49 C.F.R. Part 571.500 of federal law. These requirements are that they have head lamps,tail lamps, brake lamps, turn signals in the front and rear, red reflectors on the side and rear, mirrors, parking brakes, a windshield, seatbelts, vehicle identification number and registration plates from the Secretary of State. Any of these vehicles are also required to have a slow moving vehicle emblem attached to the rear of the vehicle (or in the case of a LSV one which specifies their top speed does not exceed 30 mph). A municipality is able to authorize any of these vehicles to be used on any streets which have a posted speed limit of 35 mph or less. The city must pass an ordinance or resolution to do so and must post appropriate signage on streets where these vehicles are allowed. Municipalities can limit which types of vehicles may be used or which streets or neighborhoods they can be driven on. Currently there is not a law stating if one can restrict the usage of these vehicles to certain times of the day. These vehicles are also permitted to cross highways if there is a four way stop sign or traffic light or if the speed limit on the highway is 35 mph or less (45 mph or less if the vehicle is a LSV). According to the statutes, the "Department must consider the volume, speed and character of traffic on the roadway."This means the city will need to conduct a study of the roads which would be conducted by EEI. The estimated cost of the study would be $5,000. Also, allowing for NHVs to be permitted on the roads would require signs to be posted. The estimated cost for city-wide signage is $10,000- $15,000. There would also be a signage cost associated with restricting the use of LSVs on roads as well. These vehicles also require proper insurance, licensing and inspections which would need to be conducted by the police force. Chief Hart was able to elaborate on the potential issues the police force may face in regards to an allowance of NHVs and LSVs on neighborhood roads. According to Chief Hart, a program where we allowed golf carts and other vehicles on the streets would require proper inspection and stickers for vehicles in order to be able to ensure the vehicle would meet the standards to be driven on these streets. By statute we are allowed to issue a fee for these vehicles to get a sticker to allow their use on streets, but at current staffing levels for the police force it is not likely there would be enough man power to adequately perform this essential task in order to ensure safety of the residents. Over the next few years as staff increases there is potential for this topic to be revisited but at this moment it does not appear likely that there are enough individuals to effectively and safely oversee the implementation of allowing NHVs and LSVs on neighborhood streets. Currently any vehicle which meets requirements of an LSV is closer to authorization than an NHV, as the state statute requires the municipality to opt-out of LSV usage on City streets and NEV code requires the municipality opt-in to usage on City streets. However, for both classifications, the City is taking the position that operation is currently illegal as local permits have not been issued (which would certify that the vehicles have met our standards). Recommendation: Staff seeks direction on the potential drafting of a proposed ordinance or resolution in relation to restrictions on the usage of golf carts,NHVs or LSVs on city streets. FAQ for Municipal Officials on the new law for the Operation of Non-Highway Vehicles and Low Speed Vehicles What is a non-hi hwav vehicle? A non-highway vehicle means a motor vehicle not specifically designed to be used on a public highway. It includes: All-terrain vehicle—Any motorized off-highway device designed primarily off-highway, traveling on 3 or more non-highway tires, designed with al seat or saddle for operator Use, and handlebars or steering wheel for steering control and certain dimension and weight limitations. Golf cart—A vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs. l Neighborhood vehicle—A self-propelled, electric-powered, four-u heeled motor vehicle (or a self-propelled,gasoline-powered,four-wheeled motor vehicle with an engine displacement under 1200 cubic centimeters) that is capable of attaining in one mile a speed of more than 20 mph, but not more than 25 mph, and which does not con in-m to ecicrcrl 1 =ulcrtions under Title 49 C.F. D. Part 57L500. It Off-highway motorcycle—Any motorized device designed to travel primarily off- highway on 2 wheels and having a seat or saddle for the use of the operator. Recreational Off-Highway Vehicle—Any motorized off-highway vehicle with 4 or more wheels, a 2,000 pound limitation, four or more non-highway tires, a non-straddle seat and a steering wheel. This would not include any vehicle used for lawn mowing. g., 2 What is a low-s eed vehicle? A low-speed vehicle is defined in state statutes as being similar to a neighborhood vehicle. Specifically, it states that a low-speed vehicle with a maximum speed greater than 20 mph but not more than 25 mph that conforms with the federal motor vehicle standards set forth in federal regulations under Title 49 C.F.R. Part 571.500. This includes the following safety equipment: (1) headlamps, tail lamps and break lamps; (2) front and rear turn signals; (3) red reflectors on sides and rear of the vehicle; (4) mirrors, (5) a parking brake; (f) a windshield; (7) seatbelts,and (S) a vehicle identification number. An owner of a low-speed must obtain registration plates from the Secretary of State. ` Are these vehicles allo-vved tooverate on Municipal streets:' Under Section 11-14215.1 of the Vehicle Code, it states that lion-highway vehicles are not allowed to be used on roadways unless a municipality, township or county authorizes their use on its roadways where the speed limit is posted at 35 mph or less. However, under Section t 1-1426.2 of the Vehicle Code, it states that low-speed vehicles are authorized to be used on roadways if the roadway's speed limit is posted at 30 mph or less unless the municipality. township or county has specifically prohibited its use on that roadway and posted appropriate signs. If my community is divided by a state hi hsray can a low-s eed vehicle or non- highway vehicle cross to the other side? Low-speed vehicles may cross a street at an intersection where the street being crossed has a posted speed limit of not more than 45 miles per hour. Low-speed vehicles may not cross a street with a speed limit in excess of 45 miles per hour unless the crossing is at an intersection controlled by a traffic light or 4-way stop sign. Non-highway vehicles may cross at an intersection controlled by a traffic light or 4-way stop sign upon or across a highway under the jurisdiction of the State if the speed limit on the highway is 35 miles per hour or less at the place of the crossing. 3 Hors- does a ntunici palit .authorize the o eration of non-hi hwav vehicles on their streets? A municipality must adopt an ordinance or resolution to authorize the operation of non- highway vehicles on their streets. However, prior to this authorization, a municipality must determine that the public safety will not be jeopardized. Specifically, the municipality must consider the volume, speed, and character of traffic on the street. Municipalities must also determine that a non-highway vehicle may safely travel on or cross a street. Appropriate signs must be posted. If a street is under more than one jurisdiction, both jurisdictions must authorize the operation of non-highway vehicles. How does a munici alit prohibit the o eration of low-wee vehicles on their streets:' A municipality may simply adopt an ordinance prohibiting low-speed vehicles on any or all of its streets. Can a municipality restrict certain h es of non-highway vehicles? Yes. Local governments may restrict the types of non-highway vehicles that can be authorized to be used on its streets. We have a 2olf course surrounded by a nei hborhood. Can sve allow 0101f carts to be operated only on those roads`' Municipalities must survey their streets prior to allowing the operation of non-highway vehicles on roadways. For approving the use on streets, there is no indication that a municipality must survey any other roadway except for the ones they want to approve. Do these vehicles have to folios, the rules of the road? Under the Section authorizing the operation of non-highway vehicles, there is no explicit requirement that these vehicles must follow the rules of the road. There is, however, an explicit statutory requirement that low-speed vehicles must follow the rules of the road. For all vehicles, the person operating the vehicle must have a valid driver's license and not be legally intoxicated. For non-highway vehicles, the vehicle must be insured. What a ui ment must be included on these vehicles? For non-highway vehicles,the vehicle must contain brakes, brake lights, head lights, rear lights, turn signals, a steering apparatus, tires, a rearview mirror,red reflector warning devices and a slow-moving vehicle emblem. 4 For low-speed vehicles, the equipment requirements are the same except, rather than a slow-moving vehicle emblem, it must contain a sign stating that the speed limit for the vehicle is 30 mph. CCan a municipality impose additional limitations reg-arding when these vehicles may c oneratim! on roads' For non-highway vehicles, the statute does not address whether a municipality may impose a local ordinance. For low-speed vehicles, the statute provides that the operation of a low-speed vehicle upon any street is subject to applicable local ordinances. Can a inuniei ali , im ose a vehicle sticker fee on these vehicles? Yes. The definition of motor vehicle includes low-speed vehicles and non-highway vehicles. The statute authorizes municipalities to require a payment of a tax or fee on owners of motor vehicles who reside in their municipality. What are some advantages and disadvantages of these vehicles? The main advantages are that these vehicles are relatively inexpensive to operate, cost less to purchase, and, if electrically powered, do not produce the pollutants associated with vehicles powered be internal combustion engines. The main disadvantages of these vehicles are that they are relatively less safe than standard passenger vehicles under crash circumstances,present a major problem if they run out of power while in use, may have more difficulty operating in bad weather, and if electrically powered and used on a widespread basis, could place additional demands on the commercial power grid. For further information or questions, you may contact: Joe Schatteman, Research & Information Services Coordinator (is(hatteman @iml.org) Brian Day, Staff Attorney (bday @iml.org) Illinois Municipal League 217/525-1220 s 8!2.201 1 NON-HIGHWAY VEHICLES NON-HIGHWAY VEHICLES ONT.) F C (25 ILLS 11-1426.1 contains allowances for non- If allowed, may only travel on roads with speed limits ighway vehicles: of 35 mph or less. (1)Ail-Terrain Vehicles Non-Highway Vehicles may only cross a State- - (2) Golf Carts jurisdiction road if it's speed limit is 35 mph or less - (3)Off-Highway Motorcycles and only at an intersection controlled by a traffic - (4) Recreational Off-Highway Vehicles signal or all-way stop. Neighborhood vehicles are no longer a classification. Warning signs may be installed but are not required at Taken out in SB1641 July 14, 2011 locations where non-highway vehicles are allowed to Non-Highway Vehicles are not allowed on public roads operate. unless authorized by ordinance or resolution after determining that public safety is not jeopardized. ALL-TERRAIN LCIW.SPEEI) FF-HICHWA VEHICLES VEHICLES VEHICLES LOW-SPEED VEHICLES LOW-SPEED VEHICLES (CONT.) [15 ILLS 11-1426.2 contains allowances for Municipalities may allow on 35 mph roads by ordinance Munici low-speed vehicles. or resolution. (Added in SB1641) Low-S eed Vehicles may cross any-street at an • Low-Speed Vehicles have max speed between intersection where the street has a speed of 45 m h or 20 and 25 mph meeting certain safety less' • Low-Speed Vehicles 1111ay only cross a street over 45 m h requirements and licensed by Sec. of State. at an intersection controlled by a traffic agaaLor al! way • Low-Speed Vehicles by law are allowed on stop. USE PROHIBITED BY regulatory signs may be installed at public roads with speed limit of 30 mph or less. locations where low-speed vehicles are prohibited. Low- Ordinance or resolution is required to prohibit Speed Vehicle warning signs may be installed as determined by engineering judgment. low-speed vehicles. sr- PROHuIBITED EIY LOW-SPEED VEHICLES 12