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Du Quoin council tables towing ordinance, approves TIF agreements

  • Jeff Ashauer, director of Perry County Planning and Development, speaks to the Du Quoin City Council on Monday.

    Jeff Ashauer, director of Perry County Planning and Development, speaks to the Du Quoin City Council on Monday.
    Pete Spitler photo

 
BY PETE SPITLER
pspitler@localsouthernnews.com
updated: 2/14/2018 7:46 PM

In a way, the Du Quoin City Council is going back to the drawing board on its towing ordinance.

Last month, Police Chief Les Vancil approached the council about adding a $200 towing fee for vehicle code and criminal violations, such as DUI or drug-related charges -- but not derelict vehicles.

Proceeds from the fee would go to the DQPD's DUI fund, which helps support its K9 program. But concerns raised over attorney fees and language issues within the ordinance resulted in the council tabling the issue to get more information.

City attorney Aaron Atkins said the city's current version of the ordinance was based off one in place in Pinckneyville.

Commissioner Dale Spencer asked Atkins how the fee was determined by the hearing officer if the ordinance doesn't say the fee is determined by the officer's duties.

Atkins said the fee was to be determined by the hourly duties of the officer, but was also hesitant to put a set amount in the ordinance.

"I don't think it's wise to set the fee in the ordinance because you box yourself in," he said.

Spencer said the city could end up losing money if the cost of an attorney to handle the towing cases was more than the towing fee.

Mayor Guy Alongi asked if it was possible to get a local attorney to handle the issue and mused that a request for proposals may be needed.

"I think it's a good ordinance, I just want to get the money part of it figured out," Spencer said.

Alongi stated he would like to consult area towing companies to see what they would charge for the services described in the ordinance.

Police Chief Les Vancil said vehicles could be released prior to the owner's hearing if a fee of $200, plus all towing and storage fees, is paid. He advised people to get their vehicles out as soon as possible due to storage fees.

Discussion then moved on to language issues and the difference in using the words "shall" or "may" in a section of the ordinance. The commissioners felt that a preliminary hearing "shall" be held within 72 hours constituted a guarantee and "may" was more open-ended.

"If you can't do that (a preliminary hearing within three days), what effect does it have on the seizure of the vehicle?" asked Commissioner Chuck Genesio.

The council unanimously approved tabling the ordinance until its next meeting on Feb. 26.

In other news, the council approved two redevelopment agreements involving Marks Bakery and Baked on Division.

As the Du Quoin Call has previously reported, the city -- in collaboration with the Du Quoin Community Development Corporation -- will use Tax Increment Financing (TIF) funds to demolish two condemned buildings (307 E. Main and 20 N. Division) to allow the bakeries to expand.

Jeff Ashauer, director of Perry County Planning and Development, stated Baked on Division is planning a $75,000 first-floor expansion with $10,000 being reimbursed through the TIF.

Council roundup

• The council approved a redevelopment agreement with Abundant Storage Inc. Ashauer noted owner Tracy Fenton is planning a $100,000 renovation to the former Greens IGA building near the intersection of routes 14 and 51. A total of $24,000 of the $106,000 cost of the project is being reimbursed through the city's business district.

• The council approved roadblock permits for the Du Quoin Community Clothes Closet, Du Quoin Lions Club, Perry County Shrine Club and VFW Post 513. Mayor Guy Alongi noted the city allows six roadblock permits per year.

• During public comment, representatives from Eagle Wings Christian Fellowship Church at the corner of Winters Avenue and Line Street are planning a first responders lunch on Saturday from 11 a.m. to 2 p.m. The theme is "Blue Lives Matter."

• Atkins noted the condemnation order has been filed for the house at 641 Park St. He said the owners had not been served, but the order has been filed.

• The council approved the resignation of Du Quoin police officer Will Denton, effective February 17. Denton, who had been at the DQPD for a little over a year, is moving on to the Illinois State Police.

"We wish him well," Alongi said. "It's quite an achievement for him to move from a municipal policeman to a state policeman."

 
 
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