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Public Safety Packet 2016 10-06-16 AGENDA PUBLIC SAFETY COMMITTEE MEETING Thursday, October 6, 2016 6:30 p.m. City Hall Conference Room 800 Game Farm Road, Yorkville, IL Citizen Comments: Minutes for Correction/Approval: July 7, 2016 New Business: 1. PS 2016-15 Police Reports for June – August 2016 2. PS 2016-16 Adjudication Reports for July – September 2016 3. PS 2016-17 Request to Dispose of Vehicles 4. PS 2016-18 Ordinance Amending the City Code regarding Cannabis Violations 5. PS 2016-19 Meeting Schedule for 2017 Old Business: 1. PS 2016-10 Police Department Staffing and Projected Needs Update Additional Business: 2016/2017 City Council Goals – Public Safety Committee Goal Priority Staff “Municipal Building Needs and Planning” 3 Rich Hart “Capital Improvement Plan” 4 Rich Hart “Vehicle Replacement” 5 Rich Hart United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET PUBLIC SAFETY COMMITTEE Thursday, October 6, 2016 6:30 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. July 7, 2016 □ Approved ________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2016-15 Police Reports for June – August 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2016-16 Adjudication Reports for July – September 2016 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PS 2016-17 Request to Dispose of Vehicles □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2016-18 Ordinance Amending the City Code regarding Cannabis Violations □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PS 2016-19 Meeting Dates for 2017 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2016-10 Police Department Staffing and Projected Needs Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Safety Committee – July 7, 2016 Public Safety Committee – October 6, 2016 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE PUBLIC SAFETY MEETING Thursday, July 7, 2016 6:30pm City Hall Conference Room In Attendance: Chairman Larry Kot Alderman Joel Frieders Alderman Carlo Colosimo Alderman Seaver Tarulis Other City Officials in Attendance: City Administrator Bart Olson Deputy Chief Larry Hilt Police Chief Rich Hart Deputy Clerk Lisa Pickering Alderman Chris Funkhouser Others in Attendance: Jim Jensen, Blackberry North Chirav Patel, OMG Liquor & Wine Jim Ruzicka, Universal Gaming/OMG The meeting was called to order at 6:30pm by Chairman Kot and a quorum was established. Citizen Comments: None Minutes for Correction/Approval: April 7, 2016 The minutes were approved as presented. New Business: 1. PS 2016-12 Police Reports for March 2016-June 2016 Chief Hart said the burglaries were up for unlocked vehicles and garages. The report was accepted as presented. 2. PS 2016-13 Adjudication Reports for April 2016-June 2016 Commenting on the report, Chief Hart said some of the Building and Zoning violations were for repeat offenders. Alderman Colosimo suggested a once a year mini-training session for the Hearing Officers and Mr. Olson noted that one had been held at the end of last year. Alderman Frieders asked if there was a difference in the process for Yorkville and Oswego since Oswego is home rule. Oswego has more authority and hearings are held once a month compared to Yorkville's once a week. Oswego has better enforcibility and higher fine threshholds. The report was approved as presented. Page 2 of 3 3. PS 2016-14 Request to Purchase Four Police Vehicles Chief Hart requested to purchase three squads and one administrative vehicle. In addition to a savings in last year's budget, Mr. Olson detailed where the funds would come from and said this purchase would bring the replacement schedule up to date. While Caprices would be the first choice, Chief Hart said Impalas are the only vehicles available at this time. He added that one of the current vehicles was not shut off for six days. There was also a discussion of the repair costs and high mileage. Alderman Funkhouser asked about the purchasing process. The State bids were used, however, Chief Hart said local vendors were also contacted. Other vendors are contacted for equipment prices. Additional money was built into the budget for unexpected expenses with the equipment. The committee recommended these purchases and the item moves to the July 26th City Council meeting for a budget amendment. 4. CC 2016-38 Ordinance Amending Liquor Code Increasing Number of Class A Liquor Licenses This was discussed at City Council and was referred to Public Safety. The owner of OMG Liquors, Mr. Chirav Patel, said he is asking for a license so he can add 5 gaming terminals which require this license. He said he has invested a lot of money into the business and the business has been slow. Concern was expressed for someone buying a 6-pack and drinking it while in the business, however, Mr. Patel said customers must purchase liquor from the bar with a 2- drink limit. Mr. Patel said he would lose money if customers bought their own 6-pack to drink there. Mr. Olson said the legal opinion is that there is flexibility and the business owner can restrict the drinks. Staff and Chief Hart supported the A-1 license. Alderman Frieders said he supports the liquor license and 2-drink limit. Alderman Colosimo said he did not support the license as he feels there are too many gaming machines in the City already. He feels the law, which ties the gaming machines with the ability to pour liquor, was to restrict the gaming to bars. He feels the City would be circumventing the law and would set a bad precedent. He said it is not the intent of the statute. He said a liquor store is for purchase, not to serve liquor. Mr. Ruzicka said he had a list of 30 food and liquor marts that have gaming to provide supplemental income. Alderman Tarulis was also opposed to the sale of package liquor and poured drinks in the same establishment. A vote was taken to recommend approval to amend the liquor code increasing the number of Class A liquor licenses by one. Colosimo-nay, Tarulis-nay, Frieders-nay, Kot-aye. Defeated 3-1. Page 3 of 3 Old Business 1. PS 2016-10 Police Facility Planning Mr. Olson reported staff is still reviewing maintenance proposals, contracts and a study of the City buildings. This item will be kept on the agenda under Old Business. Additional Business Alderman Frieders said he felt this committee should hold meetings more than just quarterly. This is in light of the recent law enforcement issues and shootings throughout the country. Alderman Kot said that in the past, several Public Safety meetings were canceled due to lack of items. With today's technology and daily emails from the police, he felt quarterly was sufficient. It was decided to continue meeting quarterly. Alderman Funkhouser complimented the police for doing a good job with traffic control at the July 4th festivities. He noted that one officer at Rt. 47 and Main did not wear a safety vest. Chief Hart noted it is policy to wear a vest in this circumstance. The Chief said that next year the traffic control will begin a half hour earlier due to the number of people present. Alderman Kot noted there will soon be a traffic button at Main & Rt. 47 to control a flashing light for pedestrians. There was no further business and the meeting was adjourned at 7:17pm. Minutes transcribed by Marlys Young, Minute Taker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #1 Tracking Number PS 2016-15 Police Reports for June – August 2016 Public Safety Committee – October 6, 2016 Informational None Amber Rasmusson Police Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number PS 2016-16 Adjudication Reports for July – September 2016 Public Safety – October 6, 2016 Informational None Nicole Decker Police Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #3 Tracking Number PS 2016-17 Request to Dispose of Police Department Vehicles Public Safety Committee – October 6, 2016 The Yorkville Police Department is seeking permission to dispose of 5 vehicles by selling in accordance with City policy. All 5 vehicles are past their useful lifespan. See attached memo. Chief Rich Hart Police Department Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Ordinance Amending Cannabis Violations Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #4 Tracking Number PS 2016-18 Public Safety Committee – October 6, 2016 The Yorkville Police Department is seeking an amendment to the cannabis violations to match new state laws. Chief of Police Rich Hart Police Department Name Department Yorkville Police Department Memorandum 804 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: September 21, 2016 To: Public Safety Committee From: Chief Rich Hart Reference: Request to Amend the Ordinance Violation for Possession of Cannabis This request is in response to recent changes in state law with the decriminalization of possession of cannabis. The new law went into effect on August 25, 2016 when the State of Illinois changed the Cannabis Control Act to lower the penalty to a civil fine only for a violation of possession of 10 grams or less of cannabis, the old amount was 2.5 grams or less. Our current ordinance needs to mirror the new state law and be raised from 2.5 grams to 10 grams as worded in the attached ordinance that was prepared by the City Attorney. Listed below is the current ordinance. 5-3-9: CANNABIS: A. Cannabis includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis sativa, whether growing or not; the seeds thereof, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination. B. It shall be unlawful for any person knowingly to possess any quantity of any substance containing cannabis, except that the effect of this section shall be limited to persons knowingly possessing two and a half grams (21/2 g) or less of any substance containing cannabis. C. The provisions of this section shall not apply to: 1. Any person who has been authorized by the department of mental health and developmental disabilities, with the approval of the department of law enforcement, to possess and deliver substances containing cannabis. 2. Persons registered under federal law to conduct research with cannabis. (Ord. 2009-02, 1-13-2009) Ordinance No. 2016-___ Page 1 Ordinance No. 2016-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ILLINOIS, TO AMEND THE ORDINANCE VIOLATION FOR POSSESSION OF CANNABIS WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Public Act 0697, effective August 25, 2016, amended the State of Illinois’ Cannabis Control Act to lower the penalty to a civil fine only violation for possession of 10 grams or less of cannabis; and, WHEREAS, the current City ordinance violation makes possession of 2.5 grams or less an ordinance fine only violation; and, WHEREAS, City desires to amend the amount of cannabis in its ordinance violation to the same limit as the State statute. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Subsection 5-3-9B, of the Yorkville City Code, as amended, be and is hereby amended to read as follows: “B. It shall be unlawful for any person knowingly to possess ten grams (10 g) or less of any substance containing cannabis.” Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ____________________, 2016. ______________________________ CITY CLERK CARLO COLOSIMO ________ KEN KOCH ________ JACKIE MILSCHEWSKI ________ LARRY KOT ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ DIANE TEELING ________ SEAVER TARULIS ________ Ordinance No. 2016-___ Page 2 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ________ day of ____________________, 2016. ______________________________ MAYOR B. The minimum and maximum monetary penalty for violations of the following code sections or offenses shall be as follows: (Ord. 2012-26, 8-28-2012) Code Section/ Statute Description Of Violation Penalty1 3-5B-2 Mobile food vendors - certificate of registration required $100.00 - $750.00 3-5B-5B Posted sale prices $100.00 - $750.00 3-5B-8A Time limit on mobile food vendor units $100.00 - $750.00 3-5B-8B Mobile food vendors not licensed to conduct business door to door $100.00 - $750.00 3-7 Solicitors, hawkers, and itinerant merchants $100.00 - $750.00 3-7-2 Certificate of registration required $100.00 - $750.00 3-7-5 Under 14 years of age soliciting unsupervised $100.00 - $750.00 3-7-8 Uninvited soliciting prohibited $100.00 - $750.00 3-7-9 Time limit on soliciting $100.00 - $750.00 4-1-5B7b Weeds, grasses, plants or vegetation: height 8 inches or more $100.00 - $750.00 per lot per day 5-3-9 Cannabis: 1st offense $100.00 - $300.00 2nd offense $200.00 - $600.00 Subsequent offense $300.00 - $750.00 5-3-10 Retail theft: 1st offense $100.00 - $300.00 2nd offense $200.00 - $600.00 Subsequent offense $300.00 - $750.00 5-3-12 Synthetic alternative drugs $500.00 - $750.00 2nd offense $750.00 - $750.00 5-3-13 Public urination or defecation: 1st offense $100.00 - $300.00 2nd offense $200.00 - $600.00 Subsequent offense $300.00 - $750.00 5-3-14 Disorderly conduct: 1st offense $100.00 - $300.00 2nd offense $200.00 - $600.00 Subsequent offense $300.00 - $750.00 5-3-15 Drug paraphernalia: 1st offense $250.00 - $500.00 2nd offense $500.00 - $750.00 Subsequent offense $750.00 5-4-1A, B Curfew: 1st offense $100.00 - $300.00 2nd offense $200.00 - $600.00 Subsequent offense $300.00 - $750.00 625 5/ 11-1303(a)1h Railroad tracks $500.00 - $750.00 11-1411 Following fire apparatus $100.00 - $750.00 12-101 Driving vehicle which is in unsafe condition or improperly equipped $100.00 - $750.00 13-101 Safety tests $150.00 - $750.00 15-102 Width of vehicles (3rd and subsequent offenses) $500.00 - $750.00 15-103 Height of vehicles (3rd and subsequent offenses) $500.00 - $750.00 15-107 Length of vehicles (3rd and subsequent offenses) $500.00 - $750.00 15-111 Wheel and axle loads and gross weights: 1st offense $250.00 - $750.00 2nd offense $450.00 - $750.00 3rd offense $650.00 - $750.00 4th and subsequent offenses $750.00 - $750.00 15-112(g) Driver of vehicle refuses to stop and submit to weighing $500.00 - $750.00 7-5-9C1 Water use penalties $100.00 - $750.00 7-5-15C Restricted hours and days for specified use $100.00 - $750.00 7-5-15D Sod laying/lawn seeding/landscape planting $100.00 - $750.00 7-5-15E Waste of water prohibited $100.00 - $750.00 7-5-15H Hydrant use prohibited $100.00 - $750.00 7-5-15I Emergency proclamation $200.00 - $750.00 Note: 1. A second or subsequent offense shall be when committed within 12 months of a prior offense.  Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #5 Tracking Number PS 2016-19 Meeting Dates for 2017 Public Safety – October 6, 2016 Majority Committee approval. Proposed Public Safety Committee meeting schedule for 2017. Lisa Pickering Administration Name Department Listed below is a tentative schedule for the Public Safety meetings for 2017. The proposed schedule has the committee meeting quarterly at 6:30 p.m.  January 5, 2017  April 6, 2017  July 6, 2017  October 5, 2017 Please discuss this schedule at the Public Safety Committee meeting and decide if you have any changes to the dates or meeting time. Memorandum To: Public Safety Committee From: Lisa Pickering, Deputy Clerk Date: September 26, 2016 Subject: Public Safety Committee Meeting Schedule for 2017 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 234567 1234 1234 8 9 1011121314 5 67891011 5 67891011 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 123456 123 2 34567878 9 10 11 12 13 4 5678910 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 2017 April May June Yearly Calendar January February March 30 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 12345 1 2 2 34567867 8 9 10 11 12 3 456789 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa 1 234567 1234 1 2 8 9 1011121314 5 67891011 3 456789 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 September October November December July August http://www.vertex42.com/ExcelTemplates/yearly-calendar.html Yearly Calendar Template © 2013 Vertex42.com. Free to Print. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number OB #1 Tracking Number PS 2016-10 Discussion of Police Department Staffing and Projected Needs Public Safety Committee – October 6, 2016 Update on Police Department Staffing and future needs. Chief of Police Rich Hart Police Department Name Department