McHenry Times

Woodstock City Council met March 19.

Here is the minutes provided by the council:

A regular meeting of the Woodstock City Council was called to order at 7:00 PM by Mayor Brian Sager on Tuesday, March 19, 2019, in the Council Chambers at Woodstock City Hall. Mayor Sager welcomed those present and explained the consent calendar process and invited public participation. He noted, as is the City’s policy, this evening’s meeting is being live- streamed with a recording archived should members of the public wish to view it in the future.

City Clerk Smiley confirmed the agenda before the Council was a true and correct copy of the published agenda.

A roll call was taken.

COUNCIL MEMBERS PRESENT: Maureen Larson, Jim Prindiville, Gordon Tebo, Michael Turner and Mayor Brian Sager.

COUNCIL MEMBERS ABSENT: Dan Hart and Mark Saladin

STAFF PRESENT: City Manager Roscoe Stelford, Assistant City Manager/Finance Director Paul Christensen, City Attorney Ruth Schlossberg, Public Works Director Jeff Van Landuyt, Chief John Lieb, Opera House Managing Director Daniel Campbell, and Grant/Communications Manager Terry Willcockson.

OTHERS PRESENT: Woodstock Fire/Rescue District Chief Michael Hill; Old Courthouse and Sheriff’s House Advisory Commission Member Wendy Piersall; Environmental Commission Members Erica Poremba, Steve Wenzel, and Lauri Kacmar; Cultural and Social Awareness Commission Member Juanita Vega; and City Clerk Cindy Smiley

III. FLOOR DISCUSSION

A. Proclamation

Proclamation – Music in Our Schools Month

Mayor Sager stated this is a great opportunity and the City is pleased to make an important recognition this evening proclaiming March as Music in Our Schools Month.

Without objection, the City Council approved and adopted a proclamation Music in Our Schools Month – March 2019.

Mayor Sager stated it was his honor to introduce the District 200 music performers and their teachers. He thanked Tammy Baier, President of the District 200 Music Boosters and the teachers for their efforts on behalf of the students and arts in the community. He stated he has always been amazed and impressed by the quality of the musical presentations by District 200 students.

The students performed a selection of vocal music to hearty applause.

Mayor Sager read the proclamation and presented it to Mrs. Baier and the music educators, again thanking them for their efforts.

Mayor Sager stated he is grateful to those who support the arts and music in the schools, noting it is important to recognize that music is the international language, which brings people together. He also noted it is important to understand that here in Woodstock it is recognized that music and the arts provide a richness to the fabric of the community. He congratulated and commended the students for choosing to be part of the music program, and wished them the best, stating he is grateful they are our future. He also expressed his deep appreciation to the teachers for choosing to be music teachers in Woodstock.

B. Presentations

1. Community Foundation of McHenry County Grant Award

Mayor Sager introduced Margaret Miller, Program Manager, representing the Community Foundation of McHenry County who stated this evening the Foundation will be awarding a grant to the City of Woodstock for its GREENS program.

Ms. Miller introduced Ms. Susan Schott, Board Member, who provided information about the Foundation stating it gives donor funds back to the community. She stated the award being presented to Woodstock this evening is for a gardening community that has not been here before.

Mayor Sager invited Erica Poremba, Steve Wenzel and Lauri Kacmar, members of the City’s Environmental Commission, forward to accept the grant award of $14,679.00 for the City’s community gardens (GREENS) project. Ms. Poremba stated the Commission has been trying to put the City’s Environmental Plan in Motion, noting the first program is the community gardens. She thanked Terry Willcockson for her work in writing the grant application.

Mayor Sager also thanked Ms. Willcockson for her work in securing not only this grant, but others as well. He also gave kudos to the Commission for not only developing the Environmental Plan, but for continuing to work the Plan to get things done, of which the community garden program is just one example.

Mayor Sager thanked the Community Foundation for its support in the community and the County, stating they are dedicated to helping Woodstock to grow in ways to enrich residents’ lives.

2. Woodstock Fire/Rescue District

Mayor Sager introduced Chief Michael Hill of the Woodstock Fire/Rescue District.

Chief Hill gave a presentation on the state of the Fire/Rescue District. He noted the Fire/Rescue District and the City of Woodstock are entirely separate governmental entities that do not share revenue streams.

Chief Hill showed the boundaries of the Fire/Rescue District noting it encompasses 90 square miles, including not only Woodstock, but the surrounding area as well. He stated in 2018, the District handled 5,010 calls, most of which were ambulance/medical calls. He discussed the call volume, noting it has steadily increased and is up 69% since the last referendum and almost 20% in the last two years.

Chief Hill stated another concern of the District is the age and state of its apparatus. He noted two ambulances that were 15 and 16 years old quit during this past year, necessitating the District to take out a loan for a new ambulance. He stated it was also necessary to retire a fire engine this year.

Chief Hill then discussed why there is a need for the upcoming referendum. He stated the District made it through the great recession, but now faces a financial crisis, noting it now finds the need for a referendum for several reasons. He reviewed the reasons, including :

 The tax cap law, explaining the effect this has on limiting the District’s revenue.

 The fact that the District’s revenue streams are restricted to ambulance calls, which accounts for about 10% of its revenue, and property taxes;

 The state-mandated consolidation of dispatch centers, which resulted in an additional $35,000 in costs to the District annually;

 The District’s aging fleet;

 The increase in call volume;

 Centegra’s service changes. Noting this was the “straw that broke the camel’s back,” he noted prior to the changes, 90% of the ambulance calls took patients to Woodstock, whereas, now only 60% are taken to Woodstock, with others going to McHenry or Huntley, resulting in longer transport times taking that equipment and staff out of service for additional calls.

Chief Hill then detailed the measures the District has taken in an effort to avoid a referendum as follows:

 Depletion of all reserve funds;

 Elimination of all capital improvements;

 Pursuit of grants;

 Revised ambulance fees to increase revenue;

 Charge non-residents for extra services;

 Elimination of Deputy Chief position;

 Elimination of all administrative positions with the exception of Chief and his assistant;

 Elimination of other positions, including four firefighter/paramedic positions from each shift;

Chief Hill noted the fire stations are not able to be fully staffed, which results in longer response times.

Chief Hill then noted the Union came to him offering to make concessions including pay freezes for two years, elimination of some vacation time, and a smaller uniform allowance among others.

Chief Hill provided information on what will be able to be accomplished should the referendum pass as follows:

 Staffing restored to 14;

 Funding of a vehicle-replacement plan;

 Funding of a Capital Improvement Plan;

 Restoration of the Deputy Chief position;

 Restoration of the Fire Prevention Bureau position;

 Build up the emergency reserve;

He also provided information on the District’s three- to five-year goals should the referendum pass, including increasing staffing to 16, restoration of the Training Officer position, and efforts on the IT infrastructure.

Chief Hill then talked about what will happen should the referendum be unsuccessful:

 Further decreases in staffing

 Increased response times and reliance on aid from other departments;

 Possible closure or intermittent closure of one of the fire stations;

 Inability to complete station repairs;

 Reduction in inspections;

 Postponement of vehicle replacement.

Chief Hill explained the ballot question, noting because of the way it must be worded, it appears it may result in a 20% increase. He stated this is not the case, noting it will, in fact, result in an annual property tax increase of about $56.00 on a $100,000 home.

Chief Hill urged everyone to make an informed decision, stating he will be available at the Library this Thursday at 1:00 PM to answer question,s and also at an open house at Station 3 on Saturday. He stated people can get in touch with him at the Fire Station and he will be happy to answer any questions they may have.

Mayor Sager thanked Chief Hill for his presentation and his dedicated service to the community. He expressed his gratitude to the strong, dedicated, professional men and women who serve in the Woodstock Fire/Rescue District.

Public Comment

There was no comment forthcoming from the Public.

Council Comment

Councilman Turner opined the presentation made by Chief Hill was one of the more compelling presentations he has seen, stating it was very effective. He urged Chief Hill to use the tape of the presentation that was made as part of the City’s live-streaming of this evening’s meeting.

Councilman Prindiville stated last Wednesday he went to the first meeting of the McHenry County Water Resource Action Plan Task Force, noting he is the City Council’s liaison to the group. He stated he learned that McHenry County has done more than any other County to protect its water resources and noted one function of the Action Plan is to provide information to the public. He stated he will periodically update the Council during the year. Mayor Sager thanked Councilman Prindiville for serving as liaison, noting his deep interest in this topic.

Mayor Sager stated Woodstock is saddened by the recent loss of Deputy Jacob Keltner of the McHenry County Sheriff’s Department. He urged the community to continue to uphold Deputy Keltner’s family as well as the Sheriff’s Department for whom this is a significant loss. He extended his sincere gratitude to the members of the Woodstock Police Department for their exceptional job of stepping forward to support the family and all law enforcement officers. Mayor Sager stated it is sad that we find ourselves in a time where an individual believes it is ok to do something like this to one who has pledged his life to protect and serve. He expressed his hope for peace and comfort for Deputy Keltner’s family and members of the Sheriff’s Department.

IV. CONSENT AGENDA

Motion by M. Turner, second by M. Larson, approve the Consent Agenda.

In response to a question from Mayor Sager, the following item was removed from the Consent Agenda by the Council or a member of the Public:

Item D-3 – Ordinance – Noise Control by Mayor Sager

In response to a question from Mayor Sager, the following comments were made, or questions asked by the City Council or the Public concerning items remaining on the Consent Agenda.

Item D-1 – Membership and Chair Appointments to City Boards and Commissions

Mayor Sager introduced Juanita Vega and thanked her for her service on the Cultural and Social Awareness Commission and for accepting the position of Chairperson of that body.

Mayor Sager noted Zoning Board of Appeals Commission member Tim Huffer has accepted the position of Chairperson of that body and thanked him for his service.

Councilman Turner stated it is important to recognize Mayor Sager’s extensive work with the City’s Boards and Commissions in recruiting and selecting people to serve on these bodies and managing the process.

Mayor Sager affirmed the Consent Agenda to include items A through D-2 and D-4 through D-8.

A. MINUTES:

March 5, 2019

B. WARRANTS: #3848 #3849

C. MINUTES AND REPORTS:

Board of Fire and Police Commissioners December 3, 2018

Opera House Advisory Board Annual Report 2018

Human Resources Department Monthly Report February 2019

D. MANAGER’S REPORT NO. 130

1. Appointments – Membership and Chair Appointments to City Boards and Commissions - Approval of the Mayor’s Appointments to the Cultural and Social Awareness Commission and Environmental Commission, as well as Chair position appointments for the Cultural and Social Awareness Commission and Zoning Board of Appeals.

2. Amended Intergovernmental Agreement – NERCOM – Authorization for the Mayor and City Clerk to execute an Amended Intergovernmental Agreement Relating to the Oversight of the McHenry PSAP Dispatch Center d/b/a NERCOM, effective May 1, 2019, identified as Document 1.

4. Resolution – Age-Friendly Community - Approval of Resolution 19-R-04, identified as Document 3, A Resolution to Authorize Application to World Health Organization Global Network of Age-Friendly Cities and Communities.

5. Resolution – Change Order – FY18/19 Street Resurfacing Program – Approval of Resolution 19-R-05, identified as Document 4, A Resolution Authorizing a Change Order in the Contract for 2018 Street Resurfacing, specifically Change Order #1 an increase in the original contract amount of $13,221.10.

6. Award of Contract – FY19/20 Street Resurfacing Engineering Services –

Approval of the Professional Engineering Services Proposal from Hampton, Lenzini and Renwick Inc. (HLR) for design engineering services for the City’s 2019 Street Resurfacing Program at a cost not to exceed $29,747.

7. Award of Contract – FY19/20 Infrastructure Televising Services – Authorization to award a contract to American Vactor Services, Crystal Lake, IL, for storm and sanitary sewer televising at a total cost not to exceed $22,000 as part of the FY19/20 Street Resurfacing Program.

8. Ordinance – 2018 Property Tax Abatement – Approval of Ordinance 19-O-31, identified as Document 5, An Ordinance Abating a Portion of the 2018 Tax Levy of the City of Woodstock, McHenry County, Illinois

A roll call vote was taken on items A through D-2, and D-4 through D-8. Ayes: M. Larson, J. Prindiville, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: D. Hart and M. Saladin. Motion carried.

Item D-3 – Ordinance – Noise Control

Noting everyone who is present for this item, Mayor Sager thanked them for their patience as Council moved through the normal process and procedure.

Mayor Sager thanked those who participated in a variety of meetings and discussions around the proposed ordinance. He stated this proposed ordinance is looking to amend the current Nuisance Ordinance, which is not quantified and presents a challenge, noting the intent of the new ordinance was to devise an objective quantifier.

Mayor Sager then talked about the dialogue that has taken place with the Police Department, Staff, residents, and business owners to make the best possible ordinance. He noted the City also purchased a decibel meter so that very specific measurements could be available, and reviewed other similar ordinances of municipalities through the region. He stated it is his hope that through dialogue will result in a mutually-satisfactory resolution for the residents who are concerned with their quality of life, while also supporting the City’s local business owners. Mayor Sager opined it is also important to give the Police Department some objective parameters because they are now asked to make subjective decisions as they provide assistance to the community.

Mayor Sager noted the challenges are many, opining there are things that must continue to work through the process. He stated Council wishes to hear from those present and then take a look at how to better address the needs. He noted he would first like to address some misconceptions.

Mayor Sager stated there has been no attempt or intent to close down the music concerts in Woodstock, noting this was never considered. After reviewing the volume of communication, he stated he does not approve of the threats or inappropriate language received by the Council. He stated the Council was elected to make tough decisions and will make them, asking everyone to temper the conversation to mutual respect, consideration, and an effort to come to a reasonable resolution, noting that is what he is committed to do.

Mayor Sager stated it is his intent to table this item this evening after discussion so that continued dialog can take place in an effort to come to a resolution and opened the floor to Council comments.

Councilman Turner commended Mayor Sager for his comments. He stated he shares the Mayor’s commitment to solving the issues and noted his intent to provide some ideas to generate continued discussion. Recognizing there are issues, he stated he supports continued dialog toward a resolution and a better ordinance, and puts that expectation on the businesses and the neighbors assuming a positive intent by everyone involved.

Councilman Turner stated the engagement by the residents has been excellent and noted the businesses have been equally engaged in discussing solutions to the problem, noting the multiple meetings that have been held.

Councilman Turner stated he has issues with the proposed ordinance questioning the need for a citywide ordinance if the issue is centered around a certain area. He stated he also questions the proposed decibel level, which could be an issue for the entire City if enacted as written, noting the possibility of unintended consequences. He stated he also questions the assessment of the problem noting the Police Department had 349 calls on noise issues out of a total of 15,000, questioning whether this rises to the level of passing a fairly aggressive noise ordinance for the entire City. Councilman Turner stated he has heard from people who think there should be such an ordinance and some who do not. He noted he has visited at Niko’s and also at a resident’s home to assess the noise, stating he did not hear noise at the resident’s home. He asked any resident who has a loud situation late at night to text him at that time and he will drive out to listen, if he’s in town.

Councilman Turner stated when he looks at the statistics from the Police Department’s study, he does not see an overwhelming problem so questions whether this is too broad an ordinance. He opined the ordinance is not there yet, but will continue to work on it to a satisfactory resolution. He stated he expects the businesses and the neighbors to continue on the path they have been on.

Councilwoman Larson expressed her appreciation for the discussions in which everyone has been engaged to work toward a resolution. She stated she wishes to get to a place where the residents can be happy in their homes without endangering the businesses. She stated she has never received as many emails on an issue as she has on this one from supporters of the businesses.

Councilwoman Larson stated she appreciates the Police Department’s desire to be objective. Noting her appreciation of the Council’s willingness to table the ordinance, she stated she is not willing to support the ordinance as presented. She stated it would be different if this were a citywide issue, but opined this seems to be a neighborhood one. She noted the Chief has stated in the past there were issues on the Square, but those stopped when Dan Hart modified his stage set-up. She stated Niko’s seems to be the only problem, asking why the Council is considering an ordinance for a single isolated area when the businesses owner is willing to take measures to work on a solution.

Councilman Larson then talked about the noise cut-off at 62 decibels, opining this does not seem to be much different from the baseline level of 50 for traffic. She opined the proposed ordinance could be more than is needed for the problem and expressed her hope that everyone can come to a resolution that is 80% to where they want to be. She opined the ordinance can be much better and would like to try to make it so.

Councilman Tebo opined Niko’s is a unique venue so the City is trying to tackle a problem with no precedent. He opined something about the data is being confused, noting the four instances identified as being over 80 decibels are not sustained sounds such as trains and car alarms. He noted the complainants are talking about sustained sounds, which are continual, and he believes are the problem. He opined the problem is not being looked at properly. Councilman Tebo suggested measuring the decibel levels at a couple of venues and then measuring the levels at the businesses in question.

Councilman Tebo noted noise lessens with distance, but opined a rock venue level of 100 will not lessen to 62 by the time it gets to the neighborhood, noting it is a sustained sound. He suggested looking into this, stating if this is the case installing a sound barrier that will reduce the sound level to 80 before it leaves the venue would be beneficial.

Councilman Tebo expressed his belief this can be solved, but agreed more information is needed. He stated he, too, is in favor of tabling the ordinance this evening and gathering more data.

Councilman Prindiville stated the Council wishes to do what is good for business so they thrive, including all businesses. He stated sound is a component of quality of life, noting if people are troubled by it, this has an impact on their quality of life. Opining 349 calls out of 15,000 may not seem like much, he stated he feels it is important to give Police Officers the tools they need to do their job. He opined if it is possible to give the Officers these tools, this should be done to help them to do their job better, further opining this would be most fair to the officers, the businesses, and the residents. He stated he is in favor of creating an ordinance that serves the City now and in the future, opining as Woodstock grows this ordinance will be needed so everyone knows what the rules are.

Councilman Prindiville talked about the impact noise has had on him and the quality of life of his tenants, noting they always ask about noise, meaning whether they will be disturbed by noise, which will impact their quality of life. He stated this issue impacts economic development in Woodstock as well.

Councilman Turner called attention to the Staff report which shows the noise level during the midnight shift on October 13th, opining the evidence is contradictory, which leads him to believe the ordinance is not there yet.

Mayor Sager stated there is much to be considered and taken in, noting this is not just a single event, but is somewhat constant. He said his wish is not to limit the businesses, but is to reach a middle ground. He stated everything in the ordinance is open for discussion including hours and decibel levels.

Councilman Tebo stated he wishes to have more data before he can make a decision, expressing support for tabling this item and helping to find a resolution.

Mayor Sager opened the floor to Public comment.

Greg Amato, 250 Redwing Drive, stated he is not talking specifically about Niko’s or the downtown, he noted the noise level at his church has reached 110 decibels for more than 20 minutes. He mentioned several incidents in his neighborhood over the last ten years, including Harleys running up and down his street, people playing loud stereos at 11:00 PM so he cannot sleep, and his next-door neighbor playing a stereo, while operating a vacuum, so loudly his windows vibrated. He stated he is talking about noise that disturbs the peace inside his house, opining if noise from someone else comes into his house it is an invasion of his privacy.

Mr. Amato stated he was told noise that can be heard from 18 feet from its source is too loud, opining this is a common-sense approach to the problem. He opined it is reasonable to state if noise comes inside your home it is too loud, opining this would be a cost-effective approach. He stated he does not wish the Police Department to have noise ordinance problems, but noted this is very important to the person who is disturbed by the noise. He stated this is not continuous, but opined it is not appropriate when it happens.

Gus Santo, 847 Southview, stated he also has issues with the language being used. He thanked the Mayor for calling for civility agreeing this is a major problem today.

Mr. Santo expressed his feeling he is being talked down to, stating while this may seem like an isolated problem, 50 signatures means there is a problem. He talked about the ease with which the signatures were obtained, stating they did not all come from Southview, but from other nearby neighborhoods and streets, as well.

Mr. Santo thanked Councilman Tebo for bringing science into the discussion, opining it makes sense to get more data, and consider that an ordinance would be citywide.

Mr. Santo questioned the transparency of the process, noting this evening’s discussion is transparent. He asked what questions have been asked and comments made in private between Niko and the Council, expressing suspicion of the motives of some.

Councilman Turner clarified that the entire City Council never participated in any meetings or discussions. He stated Staff held meetings and that he and Mayor Sager met with Chief Lieb and Niko. He stated the entire City Council did not meet and decisions are not made at any meetings, but noted the Mayor or a Council member may engage with a small group or individual. Mr. Santo thanked him for the clarification.

Steve Amella, Mt. Thabor Road, opined Niko has done a fantastic job of putting his venue together. He stated he knows of three families who decided to move to Woodstock because it is a thriving community that embraces fun. He stated he has seen license plates from other states and even other countries at both Niko’s and Woodstock Harley Davidson. He opined these venues and this culture enhances economic development in Woodstock.

Mr. Amella stated he is not saying disturbing the peace is appropriate, but stated his belief Niko is willing to work on this issue. He supported the Council’s willingness to get more information.

Mr. Amella opined if Woodstock grows, more families will come here, property values will increase, and the community will thrive.

Mayor Sager reiterated the intent of the proposed ordinance never was and will never be to eliminate concerts. He stated the Council is trying to find an opportunity to find a resolution and a way to control the sound levels as they move into the residential areas. He asked, “how loud does the music have to be?” He stated when people are at a concert, they are able to hear the music. Acknowledging it is an art to make sure there is the right blend, he opined there is an obligation in that regard, noting the music does not need to be heard in every corner of Woodstock.

Niko Kanakaris, 1040 Lake Avenue, stated he was not here to argue, but to work out a solution. Noting he has been in the restaurant business for 20 years, he stated he has made a big investment in the Red Mill, noting when he took over the business was doing about $100,000 in sales annually and now does $3 million. He stated he has paid $800,000 in sales taxes over the years and has paid millions in payroll costs. He stated he has reinvested everything in his property. He stated he is trying to do everything he can for the community including using all local contractors and local businesses trying to keep the money local. He stated what he makes from the business he tries to keep in the community.

Mr. Kanakaris stated will work to come to a resolution, noting he is trying to build a wall and has hired a sound engineer from Chicago to study the issue and design a wall.

Mayor Sager thanked Mr. Kanakaris for his investment in Woodstock, for his strong community contribution, and for working to find a solution to this issue.

Councilman Tebo stated he does not want Mr. Kanakaris to invest in putting up a wall only to find out it is not good enough. He stated he wants to make sure it solves the problem.

Mary Richards, 830 Southview, wished to note there are four to six homes on Southview that are in unincorporated Woodstock, some of whose owners signed the petition. She stated there were approximately 50 residents of this area, stating she would like to broaden the discussion as it is not just Country Ridge. She stated the circulators of the petition did not go beyond their neighborhood, but have since talked to people in Dutch Crest who stated they heard the noise also. She agreed with previous statements that it is sustained noise on Fridays, Saturdays, and Sundays.

Ms. Richards stated the residents were never trying to close the businesses down, but want some control. She opined the base noise is the real problem, noting her windows rattle from the base. She stated the residents were looking for an industrial-strength sound barrier, not putting the businesses out of business. Ms. Richards also talked about the noise issue at the bowling alley.

Ms. Richards stated she understands this ordinance may not be the right ordinance, noting she thought the 62-decibel level was low and wondered how Mr. Kanakaris could have any kind of event that would comply with that level.

Ms. Richards noted the neighbors have met with City Staff also and suggested that Mr. Kanakaris, City Staff, and the neighbors meet together.

Ms. Richards stated it is her wish that their homes be a nice place to live and that Mr. Kanakaris continues to have his business.

Ms. Richards agreed weather and other conditions affect the noise and also agreed different people are affected by different sounds. Noting the Police Department took their readings in the fall, she asked them to come back in the summer to take readings, opining the problems are not occurring in the fall.

Deanne Kingston, Manager of Kingston Lanes, stated they have volleyball, bags leagues, and parties outside. She stated they have never had the Police or the neighbors telling them they are too loud. She noted they do not know the noise levels they are creating, opining it would be good if the Police came out and let them know how loud they are at various distances. Ms. Kingston stated they have no intention of disturbing their neighbors.

Ms. Kingston noted one of their concerns is that their volleyball leagues end at 10:30 PM and their bands end at 11:00 PM and opined most events are capped at 11:00 PM. She asked that the time designated in the ordinance be 11:00 PM on the weekends. In addition, Ms. Kingston noted they have family-friendly events on Sundays and would like to be able to continue these. She stated they have never received any complaints about these events, noting neighbors have come to these events and never complained.

Ms. Kingston stated they would like all involved to sit down and try to come to a resolution,n and asked for consideration if the ordinance is passed.

Noting the newspaper article indicated music is going on until 3:00 AM, Ms. Kingston stated the establishment’s liquor license does not allow them to have patrons present at this hour. She stated she has heard there is a home in the area that has regular late-night parties.

Mayor Sager agreed by virtue of liquor license regulations, establishments are prohibited from loud music at 2:00 AM. He stated he has received calls indicating there were establishments violating this regulation, but upon investigation it turned out it was a private party. He noted there also cannot be any music piped to the outdoors of the establishment and/or no music past the designated time.

Jim Bishop, attorney, stated he was here at the request of Chuck Ruth owner of Alliance Contractors and also of the property which is utilized by Mr. Kanakaris. He stated Mr. Ruth’s main concern is with the hours dealing with prohibition of any landscaping and construction noise before 7:00 AM, which could be an issue for a contractor.

Concerning the music issue, Mr. Bishop talked about a case in McHenry County 30 years ago at which time McHenry County passed an ordinance as a result of someone trying to prohibit noise from a bar/restaurant. He stated the court ruled in favor of the bar/restaurant.

Mr. Bishop stated there are experts who could assist with this issue. He noted the proposed ordinance makes no distinction between restaurants, commercial, and other businesses.

Mr. Bishop talked about his past experience with noise ordinance issues, noting many times the decibels did exceed the ambient levels and stating many times they ended up going to court. He stated one of things missing from the Police Department report is that they did not seem to be at the receptor properties, which is very important. He stated the issue of what the decibel level is at the receiving property is what is of concern. He agreed sounds vary which should be looked at. Mr. Bishop stated he would like to be of assistance to work with the City and the neighbors to solve this issue.

Mayor Sager expressed his appreciation for Mr. Bishop’s presence and willingness to work with the City and the neighbors. He stated the City is not talking about going to court, but rather is talking about working together toward a resolution. He stated there are many things that need to be clarified and perfected before going forward with an ordinance, if that is what is decided. He stated the City currently has and has had for many years an ordinance which prohibits construction before 7:00 AM with which there has never been an issue.

Mr. Bishop stated any Police Officer will need a lot of training if decibel levels are to be used as a measure.

Doug Jackson, Woodstock Harley Davidson, complimented the Council for the tenor in which it handles problems such as this. He stated he is pleased to be part of a community that solves problems together. He noted that his business and Mr. Kanakaris’ business support one another, stating Niko is an extraordinarily reasonable individual who wishes to resolve problems.

Mr. Jackson expressed concern that many restaurants fail within the first five years, opining that it will take a lot of sales to recoup Mr. Kanakaris’ investment. Mr. Jackson stated he knows Mr. Kanakaris will do whatever he has to mitigate the sound, but worries whether there will be some consideration for his cost.

Mayor Sager expressed his appreciation for Woodstock Harley Davidson and for Mr. Jackson’s many contributions to the community.

Greg Amato urged the City to contact towns of similar size to see how this issue is handled, opining it will give the City something to start with.

In response to a question from Mayor Sager, there was no further comment from the Council.

Motion by M. Turner, second by M. Larson, to table Item D-3 – Ordinance – Noise Control – Approval of an Ordinance Amending Title 4, Public Health and Safety, of the Woodstock City Code related to noise control, with the intent to continue the dialog to perfect the data and information and an understanding of the language as the process moves forward to derive a resolution to meet the joint interests and needs of those involved.

A roll call vote was taken. Ayes: M. Larson, J. Prindiville, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: D. Hart and M. Saladin. Motion carried.

Mayor Sager thanked everyone for their participation in the discussion of this issue and showed an example of the sound wall that is being considered by Mr. Kanakaris inviting the neighbors to examine the sample.

V. DISCUSSION

Transmittal of FY19/20 Budget

Woodstock City Council 03/19/19

Mayor Sager stated this item is the transmittal of the proposed budget for FY19/20.

City Manager Stelford thanked Staff for their work on this comprehensive document, stating they look forward to Council’s comments. He stated the budget looks at some increases this year, noting Staff has been able to meet the goals identified by the Council at the Budget Workshop.

Mr. Stelford stated the Public Hearing for the FY19/20 Budget will be at the next Council meeting on April 2nd with the final Budget Workshop scheduled for April 15th at 3:00 PM. He noted consideration of the Budget will be at the April 16th meeting.

Assistant City Manager/Finance Director Christensen noted the Budget is available for Public viewing on the City’s web site.

Mayor Sager expressed appreciation for the efforts of the Department Directors and Staff who worked diligently with Mr. Stelford and Mr. Christensen on this budget, noting this effort takes many hours.

VI. FUTURE AGENDA ITEMS

There were no further changes, additions, or deletions to the tentative future agendas.

ADJOURN

Motion by M. Larson, second by G. Tebo, to adjourn this regular meeting of the Woodstock City Council to the next regular meeting on Tuesday, April 2, 2019, at 7:00 PM in the Council Chambers. Ayes: M. Larson, J. Prindiville, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: D. Hart and M. Saladin. Motion carried.

Meeting adjourned at 9:21 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/city_council/meeting/26381/f_-_03-19-19_city_council_minutes-_part_1_of_1_-_minutes.pdf