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Public Safety Minutes 2009 08-27-09 APPROVED W/ CORRECTIONS 10/29/09 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC SAFETY COMMITTEE MEETING City Hall, Council Chambers Thursday, August 27, 2009 – 6:00 P.M. PRESENT: Chairperson Werderich, Committeeman Plocher ABSENT: Committeemen Munns and Spears (Ken-Com Meeting) ALSO PRESENT: Lieutenant Rich Hart, Lieutenant Don Schwartzkopf, Sergeant Barry Groesch, Eric Dhuse – Public Works Director, Mayor Burd, Alderman George Gilson, Tony Scott of The Record and the following residents from the City of Yorkville or Kendall County: Charles Walker, Kim Brengman, Ed Brengman, and Darren Decatoire. Chairperson Werderich called the meeting to order at 6:06 p.m. However, without a quorum, only discussion can take place. He informed the members of the public that they were free to speak at tonight’s discussion, however, no action would be taking place and further discussion will need to take place at the next scheduled meeting. Mayor Burd noted that item 1 under Old Business (Off Street Parking Regulations) is on the Plan Commission agenda for a Public Hearing on September 24, 2009. PRESENTATION: None MINUTES: None NEW BUSINESS: 1.PS 2009-25 Police Reports for July, 2009 Due to lack of a quorum, this item was skipped and will be moved to the next agenda. 2.PS 2009-26 Discussion on New Video Gaming Act Lt. Hart stated that he has looked into this matter and found that the Gaming Board does not yet have rules in place and that it may be 2 years before that happens. He recommends that the City take no action at this time. He stated that Chief Martin and Sgt. Groesch are in agreement with him. 1 Sgt. Groesch stated that the Illinois Municipal League has a lot of information regarding this matter regarding funds received, compliance checks, etc. and that they also feel it is premature for any decisions to be made now. Lt. Hart stated that the laws may be so restrictive that many establishments may not want to be a part of it. Chairperson Werderich asked if licenses are issued through the City, to which Lt. Hart replied that it is believed that all licenses would be issued through the State of Illinois. Chairperson Werderich asked if the City had the right to regulate the amount of gaming machines. Sgt. Groesch stated that 5 machines would be allowed per liquor license and that there is a fee of $25.00 per unit, per year for the permit. Further discussion took place regarding the amount of funds that would be given back to the City. It is a small amount, 1/6 of 1%. Discussion was open to the public: Mr. Darren Decatoire stated that he works in the gaming industry and feels that the City should not take a stand at this time. He feels that once the rules and regulations have been established, the City could better decide if this would benefit the City or not and then decide whether or not to opt out. Furthermore, he stated that studies have been done that prove that allowing video gaming does not ruin communities or increase their crime rates. Studies prove that there is no evidence to support what the opponents are saying. Alderman Gilson asked Mr. Decatoire what part of the industry he is involved with, to which he replied the coin operators industry. Alderman Gilson asked if the City holds off at this point, then what happens. Mr. Decatoire stated that nothing can happen until the rules and regulations are in place. Because of the new law, this will be highly publicized. The City can choose to act at that time. Mr. Decatoire asked how many establishments are within the City limits. Sgt. Groesch stated 31. He stated that any funds that come back to the City annually, the City could do with those funds whatever they choose. No action was taken at this time. 3.PS 2009-27 Draft Ordinance Amending City Code Regarding Number of Package Liquor Licenses PS 2009 -28 Ordinance Approving Fine Schedule for Pre-Payment of Certain 4. Fines Pending Under Administrative Adjudication These items were moved to the next agenda due to lack of a quorum. PW 2009-85 Traffic Study – Church and W. Main Street – Informational 5. The traffic study shows that the yield signs should be flipped and placed on W. Main Street rather than on Church. This item is informational only. PW 2009-86 Traffic Study – Kylyn’s Ridge – Informational 6. The traffic study shows that no action needs to be taken. This item is informational only. PW 2009-87 Traffic Study – Van Emmon and Heustis – Informational 7. 2 The traffic study shows that the stop signs need to be switched at this location. Warning signs will be placed at the intersection informing motorists of the change. OLD BUSINESS: 1.CC 2009-75 Off Street Parking Regulations – Draft Zoning Ordinance Text Amendment Chairperson Werderich stated that no action can be taken; however, the discussion will be opened to the public:  Mr. Ed Brengman stated that he doesn’t understand why the City had allowed this to become a pathway. Alderman Gilson stated that Tommy Hughes Drive is a private roadway on private property.  Mrs. Kim Brengman asked what rules and regulations apply to private property. Mayor Burd stated that trucks are not allowed to park in a residential area. The subject area is zoned commercial.  Mr. Brengman stated that the subject road is an easement. Mayor Burd contends it is a private roadway. Mr. Brengman asked if it’s private, why do vehicles drive and park on it. Mayor Burd stated that the property owner lets them. It is a private roadway on his property.  Mrs. Brengman stated that they see trucks parked their every day. She stated that at the present time, there is a truck blocking the entire road as it is on the driveway and roadway. Chairperson Werderich stated that he has seen trucks parked all over the place their and that the City is going to try to do something about it.  Mrs. Brengman stated that when she has been over there, she sees the truckers drinking alcohol in their trucks. She has lived across the street for 5 years and it is getting worse. She feels that the truckers should have respect for the community.  Mr. Brengman stated that there is trash their all the time. It is not a parking lot and something should be done.  Mrs. Brengman stated that it is being used as a truck stop, which it is not. There is garbage all over the place, the truckers drink and sit there all night.  Mr. Brengman stated that a neighbor who is an over-the-road trucker parks his truck there for days at a time.  Mrs. Brengman added that construction equipment is also parked there.  Mr. Brengman stated that the idling all night is a public nuisance. Mayor Burd stated that gas station is a truck stop. Mr. Brengman stated that Mr. Dettmer informed him that the gas station is zoned as a gas station, not a truck stop.  Mrs. Brengman stated that it used to be used for overnight parking during inclement weather, but as the town has grown, trucks are now parked there all the time.  Mayor Burd stated that she has resided here for over 23 years and the City has always been a blue-collar community. Most residents worked 3 at Caterpillar or were farmers. Those residents did not want growth and back then, there were always a lot of trucks. She does not want this to become an anti-truck situation as everything we use is brought to us by trucks. If the City takes away where they park, then we have to find a new place for them. We need to consider everyone’s needs.  Mrs. Brengman stated that most of these truckers are not paying taxes to our community.  Mr. Charles Walker stated he following:  He is not against truck drivers. In fact, prior to his retirement, he was a district manager that dealt with over 125 trucks per day. His employer had a trucker lounge and he found that most truckers were good. However, even after he put out 50 gallon trash containers and bags, he still found trash dumped in the parkway (food wrappers, booze bottles, etc.). He had to have 3 employees pick up the trash every morning. Additionally, some truckers would urinate or defecate in the parking lot.  The subject location is a probable breeding pool for mosquitoes.  The trucking situation at Rt. 47 and Rt. 71 is a safety issue. Because of a truck parked on Tommy Hughes Drive, other trucks can’t get around it so they pull onto Rt. 71.  The signs that are up are unreadable.  The minutes from the last meeting state that the area will be cleaned up by the owner. The owner says that the clean up should no be his responsibility because it’s from Shell customers.  There are no receptacles for trash.  At a prior City Council meeting, I was disturbed that officials say that trucks take 250 gallons of gas and it’s being purchased here. Additionally, at that meeting, the Mayor stated that she received 5- 6 phone calls regarding this matter. That does not take into account the number of calls to Aldermen.  Most drivers are not keeping legal logs.  Fox News did a report on ‘Big Rig Serial Killers’ regarding an FBI report regarding murders being done by truckers. There are over 500 murders or kidnaps done by truckers. In Missouri, a trucker was convicted of murder and he admitted to 12 other slayings. The FBI program started in 2004 and currently they have a list of over 200 truckers that are potential murder suspects. In Illinois, there are 12 unsolved murders, 8 of those cases are within 60 miles of Chicago. These are motiveless crimes and truckers are hard to catch because of the mobile crime scene. Many victims are found miles away from where they live.  He feels that the elected officials are not looking out for the welfare of the community. He asks that the elected officials do the right thing and not sell out the residents for the truckers.  Alderman Gilson stated the following: 4  He presented photos to the committee of what has been going on in the subject area. He would like them included in the next discussion.  The trucks have been a real nuisance to the residents.  Shell states that not allowing the trucks to park there would ‘kill their business’; however, most of the garbage in the area is from McDonalds or empty alcohol bottles.  Parking is being done in a hazardous way.  I spoke to people in Pontiac, Dwight and Kankakee (truck stop locations) and their biggest problem is with waste haulers.  He is also perturbed by comments made by the City Council such as ‘I would rather them stop at Shell then drive through Yorkville and kill someone’ or ‘the gas station has always been a truck stop’ or ‘impede business’. With regards to comment 1, if the truckers are that tired, they should have driven this far. With regards to comment 2, it is a gas station as there are no showers, etc. With regards to comment 3, my response is no it will not.  He stated he is trying to resolve resident concerns of trash, standing water, trucks being parked on both sides of the entrance. These are public safety hazards and a breeding ground for problems.  This is a real issue and if it does not go forward to City Council to pass a citywide ordinance, it will continue to be a nuisance to the residents and a safety issue to the community. Committeeman Plocher stated that he agrees that if Shell is o a problem, they should be dealt with, but that this should not be handled through a citywide ordinance. Alderman Gilson stated that the hours of 10-4 are reasonable and that without facilities for overnight truckers, they have no reason to be there. Committeeman Plocher stated that this one problem should not result in a blanket city ordinance. Mayor Burd stated that those in attendance should not pick on Committeeman Plocher. Chairperson Werderich advised Committeeman Plocher that if he felt uncomfortable he should let him know. Discussion took place regarding the agreement already o signed with Shell Gas Station. Shell needs to purchase and install the signs, but an agreement is already in place.  Mr. Walker stated that comments made at the City Council meeting are being reiterated here. He asked the group to read the Preamble, which starts ‘We the People…’. He feels as though the City Council is not acting on behalf of the people. Mayor Burd stated that it goes back to what she stated o before, that it would be hard for trucks to park in Morris and drive 40 miles back here. If we eliminate truck 5 parking, it will not address the litter and puddles. It will not solve the problems. Alderman Gilson stated that the litter is a direct result of o the trucks. He stated that we need to eliminate the source to eliminate the problem. There is a facility in Morris, the trucks should be there. Mayor Burd stated that the ordinance will not stop the trucks to which Alderman Gilson stated it will at least cut down on the trucks. Chairperson Werderich stated that no action can be taken; however, he agrees that there is a problem. Personally, he stated that his first thought is that the truck stop was there long before everything around it, however, there has been a significant increase in trucks and the area is beginning to deteriorate. He informed the attendees that the ordinance is being considered and hopes the problem will be taken care of. ADDITIONAL DISCUSSION: None ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING: With no further business to discuss, the meeting adjourned at 7:02 p.m. Minutes respectfully submitted by Margaret M. Hartigan. 6