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Public Safety Committee Minutes 2008 01-24-08 APPROVED WITH CORRECTIONS 04/07/2008 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC SAFETY COMMITTEE MEETING City Hall, Conference Room Thursday, January 24, 2008 — 6:00 P.M. PRESENT: Chairperson Spears, Committeemen Plocher, Sutcliff, Werderich ABSENT: None ALSO PRESENT: Chief Harold Martin, Lieutenant Don Schwartzkopf, Lieutenant Rich Hart, Officer Barry Groesch, City Administrator Brendan McLaughlin, Mayor Valerie Burd, Attorney Kathleen Orr, Public Works Director Eric Dhuse, Deputy Clerk Lisa Pickering GUESTS: Rosie Millen and Greg Millen of St. Joseph Cabinetry and Tony Scott of The Record Chairperson Spears called the meeting to order at 6:00 p.m. in the Conference Room of City Hall. PRESENTATION: None MINUTES: Committeeman Werderich asked that it be noted on page 7 that the Chief stated that it would be less desirable to construct the new Police Department inside the outer limits of the City as it should be more centralized. With no further discussion, the minutes of November 20, 2007 were approved. NEW BUSINESS: Chairperson Spears asked to move item 94 to the beginning of the meeting as there were members of the public present to make a presentation. 4. PS 2008-04 — City Liquor Ordinance — Request from St. Joseph Cabinetry 1 Chairperson Spears stated that there is information in the agenda regarding this matter including a memo from Deputy Clerk Pickering and several other attachments. The requestor is seeking approval to sell individual glasses of wine at their establishment. Ms. Rosie Millen and Mr. Greg Millen stated the following in their presentation: • They are the owners of St. Joseph Cabinetry located at 220 S. Bridge, Yorkville. • They would like to open a wine shop in their current establishment. The wine shop would be accessible during business hours, however, could also be gated off • They are currently interviewing Chefs for their full function kitchen. • Offices are located in the upper level of the building. • There is a reception area located in the main business area. • The wine shop would be open for tastings and events after hours and on Saturday evenings. • They would like to offer cooking classes, wine and kitchen accessories (including gift baskets and other promotional type items) for purchase to get people excited about cabinets, entertaining in their homes and eating out. • There are facilities similar to this in Plainfield and Burr Ridge (photos of those shops were distributed). • They have installed a 30' high flagstone fireplace. All contractors used during the renovation have been local contractors. • There is a bar, serving area and wine and cheese display area in the facility. • Tastings would be offered during normal business hours and special events would be held approximately 1 time per month. • The regular business hours will be Monday, Tuesday, Wednesday and Friday from 10:00 am — 5:00 pm, Thursday from 10:00 am — 8:00 pm and Saturday from 10:00 am — 4:00 pm. There could be some events around the holidays held on Sundays. The following discussion took place amongst the committee and other attendees: • Deputy Clerk Pickering stated that the current ordinance allows for tastings to be held twice per month. It allows for 2 oz. or less of beer or wine and 1 or 2 oz. or less of liquor. The number of tastings per person in one day is 3 or less. Under the Pack B 1 license, tastings are allowed twice per week, in the amount of 1 oz or less of beer or wine. The number of tastings per person in one day can not exceed 25. However, this license does not allow for the sale of glasses of wine. • Committeeman Werderich is not in favor of the 2 businesses being combined into one location. 2 • There is concern that changing the ordinance would encourage other business owners to apply for the same type of license. • The Millen's are hoping to include wine, premium spirits and specialty beers. The premium spirits include high end vodka, cognac, and other liquors. Chief Martin stated that he felt the sale and tastings of liquors would present a problem and felt the Millen's should stick with wine and specialty beers. The committee was in agreement. • Chairperson Spears stated she liked the concept, but would like to limit the hours of the tastings. Attorney Orr stated that the ordinance could be changed to reflect specific times. • The Millen's stated that they would like to hold events for groups and that there would be charge for the tastings. As such, Mayor Burd stated that if all tastings were charged for, there is no issue as to which type of license they need as the tastings would technically be sales. City Administrator McLaughlin agreed with Mayor Burd and felt that a new type of license was not necessary. He feels the only issue at this time is whether or not the Council will want to expand the number of liquor licenses. • Attorney Orr suggested creating a license Al which would allow for tastings but only during specific hours and when the business is closed to the public for classes. City Administrator McLaughlin suggests adding a clause that would allow 2 businesses such as these to be combined only if they have a certain square footage or if the businesses are related. • The Millen's hope to have the business open in 75 days. • The Millen's will work with Deputy Clerk Pickering and Officer Groesch to try to resolve these issues. This item will return to the next meeting for further discussion. 1. PS 2008-01 —Police Reports for November-December, 2007 The following discussion took place: • Chairperson Spears asked if the increase in burglar alarm activations was due to the cold weather. Chief Martin stated that is a possibility, additionally, the weather is too cold for some people to have their alarm repaired. The Police Department fines residents/businesses after 3 activations. • Committeeman Plocher stated he appreciates seeing the positive letters. • Chief Martin and his staff have reminded officers that no unnecessary idling of vehicles is allowed. If someone sees a Police vehicle idling, please call him. This issue is typically addressed each year as a reminder. • Committeeman Werderich asked why some of the year end numbers are higher than in 2006 and some are lower. Chief Martin explained that, with regards to Deceptive Practice, there are more businesses in town which results in more NSF checks, etc. Additionally, the department has an investigator involved in Internet crimes. With 3 regard to Theft, gasoline theft was included in that figure but most locations are now pre-pay which has reduced that number. With regards to Traffic (registration and seat belt), while an officer is involved in field training there is not as much enforcement as usual as they are training the new officer. Lt. Schwartzkopf added that the officers are asked to explain why their figures are up or down. This item will be sent to the Consent Agenda of February 12, 2008. 2. PS 2008-02—PNA Youth Camp Draft Management Plan - FYI Chief Martin stated that he received the attached information in the mail and wanted the City Council members to be aware due to past problems. Chairperson Spears asked if we could request that events do not conflict with Hometown Days and other City events. Chief Martin stated that it takes place in County's jurisdiction; therefore the City has no control over it. Chief Martin would prefer if the Youth Camp kept events to no more than 2000 participants as that is when the City of Yorkville is affected as there is not enough parking. Chief Martin will look into having Yorkville events added to the list of events they are not to conflict with. This item is informational only. 3. PS 2008-03 — Ordinance Amending City Code Prohibiting Nuisances and Offensive Conditions Attorney Orr stated her office has been reviewing City ordinances and will be bringing forth several for changes. This ordinance is being amended to include offensive odors such as odors emanating from compost. She hopes to have it in place prior to the spring warm up. This item was moved to the Consent Agenda of February 12, 2008. 5. PS 2008-05—Administrative Adjudication The following discussion took place: • Attorney Orr explained that the Illinois Motor Vehicle Code was changed in 1991 to adopt Administrative Adjudication. It is a process whereby citizens have the right to go before a hearing officer rather than going before the Circuit Courts. The process allows for the City to collect 100% of the fines for non-moving violations. This is fairer to the citizens and allows for additional funds to be spent on enforcement. • Attorney Orr further explained that in 1999, the law was changed to allow non-home rule communities to participate. They conduct hearings per an established schedule at convenient times for the City. The Enforcement Officer presents the case and the violator can present their case without having to have an attorney present. Violations such as curfew, smoking under the age of 18 and building violations can all be heard at an Adjudication Hearing. 4 • Attorney Orr distributed copies of the law, a memo regarding setting up this process, a draft ordinance and an ordinance to adopt Smoke- Free Illinois. • Attorney Orr feels this is a great way for the Police Department and Building Department to work with citizens. • Committeeman Werderich asked what the cost would be. Attorney Orr stated that there would be a fee for the hearing officer and for a court reporter(no transcription is needed) once per month. The cost of training would be $500.00 per person. • Committeeman Plocher feels there would be more work involved for the Clerk's Office and the Police Department. Attorney Orr stated that there would be no additional work for the Clerk's Office and there would be less time involved for the Police Department as court appearances would be reduced. Chief Martin added that the code violations could be processed through the Police Department. • Attorney Orr stated that this process must be in place if the City decided to purchase red light cameras. Attorney Orr will work in this matter and return to the next meeting for further discussion. City Administrator McLaughlin was asked to provide copies of the handouts to the other City Council members. 6. PS 2008-06—Discussion of Citizen Concern on John Street Chairperson Spears stated that a resident would be attending the meeting to discuss a problem, however, there were no members of the public present. Chief Martin stated that the resident was upset that a prisoner was released from Kendall County and knocked on his/her door to make a phone call to get a ride or asked for money. The resident contacted the Police Department who arrived and gave the subject a ride to where he needed to go. The Police Department tries to be pro-active regarding this matter. Kendall County releases approximately 10,000 prisoners per year and very rarely does something like this occur. • As no further discussion took place, this matter was resolved. 7. PS 2008-07 — Draft Ordinance Amending City Code Regarding Curfew Regulations The ordinance was distributed. It will be changed to reflect an Administrative Adjudication Hearing. This item was moved to the Consent Agenda of February 12, 2008. 8. PS 2008-08—Political Signs - Update City Administrator McLaughlin stated that persons running for political office will receive a letter congratulating them and reminding them about the regulations for sign placement. They will also be reminded to remove signs immediately following the election. No further action is required. 5 OLD BUSINESS: 1. PS 2007-28—Ice Cream Vendors / Soliciting Ordinance Attorney Orr stated that Kendall County has a program in place whereas food vendors are required to submit to an inspection in order to receive a vendor sticker and they must agree to a criminal background check. Attorney Orr submitted a draft ordinance requiring vendors to be registered. That process includes submitting their name, address, phone number and state tax ID#. Then they must submit to an inspection and a background check. This item will be returned for additional discussion on February 28, 2008. 2. PS 2007-43—24 Hour Collector Parking Ban Chief Martin, Public Works Director Dhuse, City Administrator McLaughlin, Lt. Schwartzkopf and Assistant City Administrator Olson met to review the streets. They developed the attached list for parking bans now and in the future. Discussion took place regarding Countryside Parkway. After much discussion regarding how to handle this roadway, it was agreed that the street should be moved to list G. Committeeman Werderich feels the best way to handle this issue is to have a city wide ban or no ban and he feels this issue should be presented through Public Referendum. It was determined that notices would be sent to the residents who reside on the roadways listed in list G regarding a public meeting at the next Public Safety Meeting for them to address the committee about this issue. This item will be re-addressed at the February 28, 2008 meeting. ADDITIONAL BUSINESS: Committeeman Werderich —none Committeeman Plocher—Would like to move the Public Safety Committee Meeting day as he has a scheduling conflict. It was determined that this is the best meeting day for the other members of the committee. Committeeman Sutcliff—none Chief Martin—none Deputy Clerk Pickering—none City Administrator McLaughlin—none ADJOURNMENT OF THE PUBLIC SAFETY COMMITTEE MEETING: 6 With no further business to discuss, the meeting adjourned at 8:26 p.m. Minutes respectfully submitted by Margaret M. Hartigan. 7