Public Safety Minutes 2009 10-08-09
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, October 8, 2009 – 6:00 P.M.
PRESENT:
Chairperson Werderich, Committeemen Plocher and Spears
ABSENT:
Committeeman Munns
ALSO PRESENT:
Chief Harold Martin, Alderman Gilson, Tony Scott of The Record and Ed Brengman
and Charles Walker from the public.
Chairperson Werderich called the meeting to order at 6:01 pm.
PRESENTATION:
None
MINUTES:
The minutes of July 23, 2009 meeting were approved as amended.
NEW BUSINESS:
1.PS 2009-25 Police Reports for July, 2009
Chairperson Werderich noted that vehicle registration and seatbelt violations have
almost doubled. Chief Martin stated that there were 2 officers in the traffic unit
whereas previously there was only 1; therefore, there has been more activity.
Chairperson Werderich noted that the overtime detail states ‘detail’ in the
comments section and he would like to more clarification. Chief Martin stated
that it means details in which the Police Department is reimbursed such as the
church detail or school detail.
Committeeman Spears noted that there appears to be many dog complaints. Chief
Martin stated that they have been busy with animal complaints such as running
loose, barking, etc. It tends to pick up in the summer and slow down again in late
fall through the winter.
This item was moved to the Consent Agenda.
2.PS 2009-29 Police Reports for August, 2009
1
Chairperson Werderich commented that the Police Department received and sent
a lot of nice letters. Chief Martin stated that he is happy with the response from
people and area agencies. Committeeman Spears asked if officers are rewarded
for their efforts. Chief Martin stated that copies of the letters are placed in their
files and are used during the evaluation process. Additionally, extraordinary
efforts are rewarded with certificates. Chairperson Werderich stated that there
was quite a heroic situation in August. Chief Martin stated it was handled well.
Chief Martin wished to note that grant funds are requested in order to provide
equipment for the department without having to request funds from the City.
There was a grant match in the amount of $2500.00. Grants help in keeping the
capital expenses down. Chairperson Werderich stated that the committee
appreciates when the department looks for alternative revenues sources.
This item was moved to the Consent Agenda.
3.PS 2009-27 Ordinance Amending City Code Regarding Number for Package
Liquor Licenses
Chairperson Werderich stated that there is a set amount of licenses approved for
the establishments within the City, plus 1 additional for the establishment at Rt.
34 and Cannonball Trail. Since that establishment will not be moving in, it is
requested that the number of licenses be reduced to 8.
This item was removed to the Consent Agenda.
PS 2009-28 Ordinance Approving a Fine Schedule for Pre-Payment of
4.
Certain Fines Pending Under Administrative Adjudication
Chief Martin stated that the Department would like for people to have the option
to pre-pay fines for ordinance violations instead of everyone having to come to a
hearing. It will help clean up paperwork too.
This item was moved to the Consent Agenda.
PS 2009-30 Request to Dispose of 2002 Chevrolet Impala
5.
Chief Martin stated that the vehicle has been used by the cadets; however, it is
stnd
now in need of a transmission as it only has 1, 2 and reverse. It will cost
approximately $2500.00 to fix it and the car is currently worth approximately
$500-$1000. The vehicle has 128,930 miles on it. If it goes to bid, the City could
request a minimum bid, however, a local junk yard is willing to give us $1000.00
for the vehicle. The last one that went to bid only got $500.00, so selling it to the
junk yard would be great.
This item was moved to the Consent Agenda.
PS 2009-31 Continued Participation in KenCom
6.
Chief Martin stated that there was a meeting with the KenCom Executive Board
and other agencies to decide if we should stay with KenCom. The contract states
that Kendall County will cover the costs indefinitely. Due to growing issues, we
were looking at our ideas and theirs, and we will be having another meeting.
Chief Martin suggests staying with KenCom as it would be very costly to use
2
another agency. Committeeman Spears stated that the number 1 concern is
officer safety and public safety. Furthermore, she will continue to keep the
committee apprised of information as she is the KenCom Liaison.
Chief Martin stated that this was information only and no action is requested at
this time.
PS 2009-32 Ordinance Amending City Code Regarding Towing of Vehicles
7.
Chief Martin is asking the committee to consider an administrative towing fee,
which is the main change to this ordinance. Many agencies tow vehicles for No
Valid DL, DWLS, and other criminal acts. This would be a charge for
administrative fees that needs to be paid before the vehicle owner could get their
vehicle back. Most agencies charge $500.00, which is what is being requested.
He stated that this is a way for the department to offset the charges for officers
during arrests and their time involved with the case.
He discussed the difference between seizing vehicles which is done for felony
arrests. Also, he added this would not involve vehicles towed for snow ordinance
violations, only vehicles involved in crimes.
The committee is concerned that the funds would be put into the General Fund
and not returned to the Police Department. Committeeman Spears stated that she
has a similar concern regarding the adjudication process as the funds collected are
going into the General Fund. Chief Martin stated that he suggests that any funds
collected be returned to the Police Department fund, as well as funds collected for
the adjudication process.
As the budget is currently being reviewed, it was suggested that all expenses and
fees collected from the adjudication process be put into the Police Department
budget, as the committee feels the General Fund is being mismanaged at this time.
A recommendation could come from this committee, however, not from this
agenda item. Therefore, this issue will be placed on the next agenda item for
further discussion,
With regards to the towing issue, the committee recommendation will be that
funds collected will be placed in the Police Department budget.
Chairperson Werderich stated that he had issues with a few items in the draft
ordinance. The first item is section 6-5-3 states that vehicle owners will be
contacted by fax or email and he feels that is inappropriate. Chief Martin stated
that it should only read ‘letter or telephone’ and that letter would be the preferred
form of contact, however, if the vehicle owner is out of the state, then contact
would be made via telephone if possible. Chairperson Werderich asked if letters
are sent via registered mail. Chief Martin stated that they are not, but that good
records are kept regarding this matter.
3
Chairperson Werderich stated that he is also concerned about Section 6-5-1
Abandoned #1. Chief Martin stated that he only received this draft copy in the
last 2 days and that he too had concern about this section, but has been unable to
contact Attorney Orr. He stated that he would be willing to remove that language.
It was determined that item #1 would end at ‘being driven.’
Another concern was Section 6-5-1 Owner #1 and #2. He feels that the language
belongs somewhere else as it does not make sense here. Chief Martin will look
into this matter,
Discussion took place regarding the fee amount of $500.00. Some committeemen
felt the fee was too high. Chief Martin stated that it is the standard in the suburbs
and he was trying to stay along the lines of every other department. It was
determined that the amount would stay at $500.00 and the City Council would
then have the opportunity to voice their opinions.
Committeeman Plocher asked what abandoned vehicles have to do with vehicles
in disrepair or vehicles for sale. Minute Taker Hartigan stated that those vehicles
would not be along a roadway, therefore, it does not apply. Committeeman
Plocher stated that he had no other concerns then.
Alderman Gilson asked if the ordinance could stipulate that the funds needs to be
returned to the Police Department. Chief Martin stated that it would be
administrative and not in the ordinance. He said that it may be a policy set by the
budget process, but he would look into the matter.
Committeeman Plocher asked if this item could be returned to the next agenda
since there were some issues. Chief Martin stated that he would get the answers
that the committee is seeking.
The discussion returned to the Adjudication Hearing process and the funds
collected from same. Committeeman Spears stated that she had been informed
that revenues collected would be returned to the Police Department. Chief Martin
stated that there are specific line items for expected revenue and actual revenue.
Committeeman Spears suggests discussing this matter at the budget meetings.
Chairperson Werderich stated that he would speak with Alderman Sutcliff and
inform her that if it is possible to put in the ordinance where the revenues should
be listed, that is what this committee prefers.
PS 2009-33 Committee Liaison Review
8.
Committeeman Munns requested discussion of this matter, as he is not in
attendance, this item will be moved to the next agenda. However, it was
determined that Committeeman Spears will take over the School District Board if
he is not interested in being liaison to that committee. Chairperson Werderich
will check with him and advise.
4
OLD BUSINESS:
1.CC 2009-75 Off Street Parking Regulations / Draft Zoning Ordinance Text
Amendment
This item has been previously discussed in the past. It is time to determine where
to go from here. Committeeman Plocher stated that he feels it is best to remove
item #2 from the draft ordinance as he doesn’t think it’s is anyone’s intention to
stop people from doing their jobs. The ordinance as written does not allow people
to own or have construction equipment. Additionally, he stated that even if the
ordinance is changed, he would not be in favor of it. Chief Martin stated that it is
not the intent to put people out of work.
Chairperson Werderich stated that without 3 votes, this item can not move out of
committee. With 1 member absent, and 1 not in favor, he doesn’t think that it
requires discussion at this time. Committeeman Spears stated that she would like
this item to move out of committee and be discussed at the City Council level.
Chairperson Werderich opened the discussion to the public:
Mr. Ed Brengman stated the following:
This is not a truck stop and it’s not about money. It is about the
o
health and welfare of the neighbors.
Presently, signs are posted prohibiting 24 hour parking, yet nobody
o
does anything about it. There are currently 9 trucks parked there.
This is private property, but it is zoned for business. No business
o
is on that property so why are the trucks being allowed to park
there?
Curtains are drawn on the trucks and they are there to camp out.
o
Alderman Gilson stated the following:
He has distributed photos in the past and has more to distribute.
o
He would like everyone to review them again.
This is not about being against truckers; it is about the residents in
o
the area.
There is a photo of a dropped trailer on Tommy Hughes Drive.
o
That does not belong there.
The trucks are parked 4x4 on the entrance drive. This is a main
o
access and thoroughfare. When 4 trucks are parked there, it is a
safety concern.
There are holes in the ground and standing water.
o
He knows the area well and there are trucks there all day long and
o
all night long.
There is a photo of a tanker truck at the end of Rt. 71 and Tommy
o
Hughes Drive. Other drivers are not able to see around it. It is
dangerous.
Another issue is idling. Kendall County is the only county exempt
o
from the state idling law. We are exempt from it, but Oswego
Township is not. The law allows for no more than 10 minutes of
idling per 60 minutes.
5
Idling all night wastes fuel and is a noise nuisance. Many cities
o
have idling ordinances. We have a city ordinance regarding our
own vehicles, so why do we allow other to do it?
Alderman Gilson read a statement (see attached).
o
He asked that the committee please consider this item again.
o
Committeeman Plocher stated that he agrees there is a problem, but a citywide
ordinance is not the way to handle it. With regards to the trash, the violators
should be given ordinance violations and subject to the adjudication process.
Chief Martin stated that the trash is an issue that Community Development
handles and there is not a representative from that department here to discuss it.
Chairperson Werderich stated that in summary he feels that the concerns are trash,
parking and idling. Chief Martin stated that with regards to idling,
Building/Zoning would need to make sure that we are able to establish an
ordinance.
With regards to the parking issue, Chairperson Werderich asked if vehicles
needed to be parked in designated parking areas. Chief Martin stated that on
private property, the Police Department is only allowed to ticket vehicles illegally
parked in handicapped spots. Other than that, they can not enforce parking.
Alderman Gilson stated that since the Hughes Family also seems to be against the
parking, why can’t the City approach them about dedicating the property to the
City so that we can control the roadway? Chief Martin stated that he does not
believe that the roadway and parking lot meet standards and there would be a cost
to maintain the property. Discussion took place regarding the City’s authority
with regards to this property. The City had to approve the naming of the roadway
and installation of the street sign, but other than that it is private property and the
City has no control. Chief Martin stated that the Police Department can enforce
the stop signs at the entrance and any handicapped parking signs.
Committeeman Plocher asked what the cost of the proper signage is. Chief
Martin stated that he believed it to be approximately $200.00 per sign. He
suggested that the City purchase the signs and have them installed. Chief Martin
stated that it would only control the problem during specific hours.
Committeeman Plocher stated that issues pertaining to the trash should be
forwarded to the Public Works Committee. Chief Martin stated that Travis would
then be available to speak about the zoning aspect.
Alderman Gilson stated that Chief Martin previously stated that the roadway is
not up to specific standards. He is concerned that trucks are driving on the
roadway. Chief Martin stated that since it is private property, there is nothing the
City can do about it. Committeeman Plocher stated that the Public Works
Committee would also look into this matter. Chairperson Werderich stated that
the property is zoned B-3 and therefore parking is allowed there. Mr. Brengman
6
stated that since a business is not located there, it should not apply. The
committee feels that this is a good point and suggested that Mr. Travis Miller be
in attendance at the next meeting.
The committee determined that the language should be changed as follows:
#2. All vehicles weighing 15,000 pounds or more shall be restricted from parking
in any business district between the hours of 10:00 pm and 4:00 am unless under
repair or actually engaged in loading or unloading any material or product
required by such business or establishment or used solely for the parking of
vehicles of owners, employees, agents, contractors of the business or
establishment.
This item will be moved to the City Council agenda for discussion with the above
change.
ADDITIONAL DISCUSSION:
Committeeman Spears – none
Committeeman Plocher – none
Alderman Gilson – with regards to the trash enforcement, what is the best way to
have it enforced? Committeeman Plocher stated that he could contact Paul.
Alderman Gilson asked if he could contact him directly, to which Chairperson
Werderich and Committeeman Plocher both agrees that he could.
Chairperson Werderich – there seems to be a problem with the meeting schedule.
th
After discussion it was determined that this committee would meet the 4 Thursday
of the month. The next meeting will take place on October 9, 2009 at 6:00 pm.
Chairperson Werderich will make sure the permanent change is acceptable to
Committeeman Munns first.
Chief Martin – trick-or-treat hours are from 4:00 pm – 7:00 pm on October 31, 2009.
ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING:
With no further business to discuss, the meeting adjourned at 7:44 p.m.
Minutes respectfully submitted by Margaret M. Hartigan.
7