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Public Safety Minutes 2010 05-27-10 APPROVED 7/22/10 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC SAFETY COMMITTEE MEETING City Hall, Council Chambers May 27, 2010 – 6:00 P.M. PRESENT: Chairperson Werderich, Committeemen Spears ABSENT: Committeeman Munns and Plocher ALSO PRESENT: Lt. Delaney, Bart Olson, Alderman Gilson, and the following residents - Pat Binion, Nancy Grunstad, Jeff Luptak, Mary Hyatt, Vernon Fatima. Also present was Tony Scott from The Record Chairperson Werderich called the meeting to order at 6:04 pm. It was noted that there was no quorum. NEW BUSINESS: 1.PS 2010-09 Police Reports for April, 2010 Moved to City Council Consent Agenda 2.PS 2010-10 Request to Purchase Squad Cars Moved to the City Council Consent Agenda 3.PS 2010-11 Parfection Park - Discussion A letter was sent by a resident, but not received by all the members of the committee. Alderman Gilson feels that Mr. Zabel should have forwarded the letter to everyone. Mr. Olson stated that the letter was not provided to be included in the packet. Alderman Gilson stated that he met with the area residents to discuss some of their issues. He noted that golf balls come through the back side of the park and have damaged property, homes and even homes on the other side of the street. There were several balls in residents' yard during his visit. Alderman Gilson read the letter in its entirety. He noted the importance of paragraph 3 and 4. Discussion was open to the member of the public in attendance. Nancy Grunstad stated the following: She prepared a letter and handout for members of the committee. This is the 11th year of the driving range. Her family likes to enjoy the weather, but it's too dangerous to be outside so they now dread the nicer weather. 1 Mr. Schalhamer has asked us to return balls that we find in our yards, which many of us have done for some time now. Mr. Schalhamer installed 2' tall trees, 10' apart and feels that they will act as a barrier to stop the balls. The fence installed by the neighbors house has helped some. When the lights were installed, the residents were not notified this would occur. Over the past 8 years, the incidents of damage have gotten worse. There are better drivers which create greater loft to the balls. Residents can hear the ping of the wooden drivers and then shortly thereafter hear the sound of the ball hitting trees or houses nearby. The powerful, tall lights has resulted in later hours of operation. The ball that came through her window happened on September 24 at 8:25pm. Since it's harder to see at night, you couldn't see the ball coming towards the house. We have been pummeled by balls during parties we host and have to call the driving range to tell them to have golfers stop using drivers. When we complain, we are told that the golf course was there first. 2 years ago, I called to complain and the manager told me that they were there first and that if we don't return the balls, its stealing and he would call the police on me. Mr. Schalhamer has stated that installing a net is too expensive. He has also stated that he may sell the property and make millions. We are asking you to work with us and think about our safety. The golf course feels that damaged property should be replaced by the golfer, not Parfection Park. The problem is that balls keep coming and hitting their siding, sheds, roofs and windows. When the golf ball came through her tempered glass window, she had enough. She contacted Parfection Park and Kristen gave her the golfers name. But, then Brent called and stated that it was my responsibility to contact the golfer. My response was that they needed to handle it and I told them to call the Police Department. Since that time, I have had to write letters asking for replacement cost and half of attorney fees. She contacted her Alderman who told her to bring this matter to the Public Safety Committee. In the meantime, Mr. Zabel came out and did an inspection, but the residents are insulted by his official determination. He never contacted any residents and only did an interview with Mr. Schalhamer. He stated that there is an occasional complaint of golf balls which he hardly considers a nuisance. But, he never spoke to us to get our side. Mr. Schalhamer started putting up a fence, but its only 3' high and plastic. That will not stop the 6-30' air balls that come into our property. She brought with her a large bucket of balls that were found on her property. Each resident in attendance had buckets of balls that they found on their own property. DISCUSSION: 2 Chairperson Werderich asked what her attorney said regarding responsibility to which she replied that the attorney informed her that the golf course is responsible for the property damage and that golf balls coming into the yard is considered trespassing. Furthermore she stated that when the golf course starts being mean, they stop returning the balls. They don't care about the ground balls that roll into their yards, it's the balls coming through the air that are dangerous. Jeff Luptak stated the following: Brought a bucket that was 3/4 full of golf balls. He noted that he has thrown back as many golf balls as those he brought to this meeting. He is concerned for the safety of his children. Mary Hyatt: Has bigger trees in her yard than most neighbors so they don't get as many balls, but she still gets them. Sometimes their lawnmower has gone over balls they didn't know were in the yard and then the lawnmower shoots it out, which is another danger. Brought with her a piece of siding that had a hole in it. Mr. Olson advised the residents to contact Building and Zoning each time a balls comes into their yards or does damage to their property. He cited ordinance number 4.1.b regarding nuisance which is the only one that he can find that applies at this time. Lt. Delaney stated that Criminal Damage to Property does not apply because the damage is not intentional. Vernon Fatima stated the following: He is thankful that Parfection Park is not a shooting range. As a resident, his concern is that Parfection Park states that they had discussions with the City of Yorkville regarding their concerns about the housing development. Since he implies that the City is responsible, he is concerned because the City issued permits to build the homes which made him believe that he would be safe. He is thankful that he has never been hit, but he has suffered 1 hole in his siding. The residents should have been complaining from the beginning but were trying to be nice neighbors. He feels that projectiles are knowingly coming into their yards. The sign inside the facility states that patrons are to use drivers and tees. But, they are using woods and he feels the sign is sending mixed signals. His interest is in not seeing neighbor children get hit. He is also concerned because he has suffered a hole in his siding and found golf balls in his trees, siding, pool and front yard. Golf ball and club technology has improved, but Parfection Park has not kept up with that. DISCUSSION: Mr. Olson stated that the City issued building permits because the home was structurally safe. It is not the City's responsibility via the permit 3 process to insure that the neighboring area was safe. Furthermore he stated he would need to review case law regarding golf courses as he feels that the golf course is not encouraging its patrons to hit the houses. Nancy Grunstad stated that Parfection Park is a driving range, not a golf course and that all other area golf courses and driving ranges have tall nets to protect the neighbors. Mr. Olson stated that he needs to determine if the issue is between the homeowners and the business or the homeowners and the golfers. He has no ordinance to refer to at this time. The City can look into creating an ordinance, however, since the City is not home rule they can only do as much as the state allows them to. Alderman Gilson stated that on Tuesday, he was told by Dan Kramer that if it's a safety issue the City can amend the code. Alderman Gilson noted that paragraph 4 of Mr. Schalhamer's letter states that he voiced his concerns about golf balls going into the residential properties. He is concerned that if the City ignored those warnings could they hold responsibility at this time. Committeeman Spears stated that Mr. Schalhamer's claims are hearsay and that it would not hold up in court. Alderman Gilson stated that meeting minutes could prove that Mr. Schalhamer is correct, to which Chairperson Munns noted that Mr. Schalhamer refers to Tony Graff as being City Administrator, however, he was the Police Chief at the time. Committeeman Spears feels that the land use planner would be more responsible. Mr. Olson stated that in hindsight, the residential development may not have been a good idea, but there is no responsibility on the part of the City. Nancy Grunstad asked if the City could require nets to be installed, to which Mr. Olson stated that there is nothing in the City Code that could require it. Chairperson Werderich feels that more information is needed and research needs to be done. The residents were again advised by Mr. Olson to call Mr. Zabel to report balls coming into their yards and / or doing damage. He informed them that they could contact him if need be. Alderman Gilson feels that Mr. Zabel should have talked with the residents to get their side while he was investigating. Mr. Olson disagreed as there is no law to tie their complaints to. Mr. Gilson reiterated that he felt that Mr. Zabel did not thoroughly do his job of investigating what was happening. Mr. Luptak stated that 2 neighbors have had busted siding, air conditioners have been hit and other damage has been done. He has been there 10-11 years. The damage was occasional but it has gotten worse as golf technology has gotten better. He feels that the business has outgrown the property by 60-100 yards. It is now a public safety issue. Mr. Fatima stated that he wanted to distribute flyers to patrons advising them that if they do damage to his property that they would be responsible. However, that 4 would hurt the business. The neighbors don't want him to lose his business, they just want him to be a good neighbor and help them. It was determined that the City would have the City Attorney look into the ordinance and determine if there is more to be done, if the ordinance could be changed, etc. This item will return to next month's agenda for an update. OLD BUSINESS: 1.PS 2010-07 Open Burning Ordinance Moved to City Council Consent Agenda. ADDITIONAL DISCUSSION: None ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 7:09 p.m. Minutes respectfully submitted by Margaret M. Hartigan. 5