McHenry Times

City of Woodstock City Council met Sept. 17.

Here is the minutes provided by the council:

A regular meeting of the Woodstock City Council was called to order at 7:00 PM on Tuesday, September 17, 2019, by Mayor Brian Sager in the Council Chambers at Woodstock City Hall. He welcomed a group of Scouts from Troop 373, many representatives of the Woodstock Police Department, and all others member of the public present this evening.

Mayor Sager 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: Darrin Flynn, Lisa Lohmeyer, Wendy Piersall, Jim Prindiville, Gordon Tebo, Michael Turner, and Mayor Brian Sager.

COUNCIL MEMBERS ABSENT: none.

STAFF PRESENT: City Manager Roscoe Stelford, Assistant City Manager/Finance Director Paul Christensen, City Attorney TJ Clifton, Public Works Director Jeff Van Landuyt, Building and Zoning Director Joe Napolitano, Economic Development Director Garrett Anderson, Chief John Lieb, Library Director Nick Weber, Human Resources Director Debbie Schober, and several members of the Woodstock Police Department.

OTHERS PRESENT: Cultural and Social Awareness Commission Chairperson Juanita Vega and members of the Cultural and Social Awareness Commission, Environmental Commission Chairperson William Donato and members of the Environmental Commission, and City Clerk Cindy Smiley

III. FLOOR DISCUSSION

A. Oath of Office

Mayor Sager introduced Chief John Lieb and Ron Giordano, Chairman of the Board of Fire and Police, and invited them to the podium.

Chief Lieb invited Officer Bernardi, Officer Butler, Officer Gallman, and Officer Gustafson forward.

Chief Lieb stated it is an honor to memorialize benchmark moments of a police officer’s career, noting this is one such moment. He detailed the training completed by these new officers during the past year. Chief Lieb acknowledged the family members of these officers and also the other members of the Woodstock Police Department who were present this evening, including those who have mentored these individuals, training them to be Police Officers. He also acknowledged the members of the public who are present to witness this moment.

Chairman Giordano administered the Oaths of Office to Officer Nicholas Bernardi, Officer Michael Butler, Officer Christopher Gallman, and Officer Samuel Gustafson, which was met with hearty applause by all present.

Mayor Sager welcomed the new officers and stated it is significant they have chosen to join the Woodstock Police Department and serve in the City of Woodstock. He expressed his appreciation to them for this choice and for dedicating themselves to public service. Mayor Sager also acknowledged the officers’ families for their sacrifice.

B. Public Comment

John Meahan, 200 W. Greenwood, thanked the Council and the City for placing a stop sign on the corner of Greenwood and Tappan, opining it has been a great improvement. He asked the Mayor to have the City look at the condition of Tappan Street at this location opining its poor condition has contributed to the problems with the water main in that area.

Mayor Sager stated he will ask staff to look at and review this. He informed those present that the City Council held a workshop this week at which a priority topic was street repair and improvement and how the City can put forth an aggressive five-year program so the City can make significant improvements to the streets. He stated more information will be forthcoming on this.

C. Council Comment

Councilman Tebo stated on Saturday night he participated in a ride-along with a Woodstock Police Officer. He stated what police officers see is an eye opener. He stated the quick response of the officers and their professionalism is terrific, and urged all Council members to participate in this program.

Councilman Flynn noted this was an event-centered weekend in Woodstock with the Harvest Fest on Saturday and the Mexican Independence Day celebration on Sunday. Speaking of the Mexican Independence Day event, he particularly noted the pride and sense of community. He opined it was wonderful that this was held on the Square this year. He noted the Chamber and the organizers made an announcement requesting that everyone please help with garbage pickup, noting everyone pitched in.

IV. CONSENT AGENDA

Motion by M. Turner, second by G. Tebo, to approve the Consent Agenda.

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

Item D-1 – Ordinance –Noise Control by Councilman G. Tebo

Item D-2 – Ordinance – Retail Bag Program by a member of the public and supported by Councilman M. Turner

Item D-7 – Ordinance – Redevelopment Agreement – Billitteri Enterprises, LLC by Councilman J. Prindiville.

In response to a question from Mayor Sager, the following questions and comments were forthcoming from the City Council concerning those items remaining on the Consent Agenda:

Item D-4 – Employee Compensation Study

Councilman Turner expressed his appreciation to Ms. Schober and City Staff for their work on the Compensation Study. Noting he does not take an increase lightly and has tried to be diligent with the people’s money, he stated for many years the City pulled back substantially on compensation for Staff and Staff did make cuts to their compensation. He also noted the City did not replace employees who left. Stating the environment has changed with the pickup in the economy, Councilman Turner noted now is the time to make adjustments in order to attract and maintain the best employees to provide services to the public.

There being no further questions or comments, Mayor Sager affirmed the Consent Agenda to include items A through C and D-3 through D-6:

A. MINUTES OF PREVIOUS MEETINGS

September 3, 2019 City Council Meeting

B. WARRANTS: #3872 #3873

C. MINUTES AND REPORTS:

Environmental Commission Minutes May 2, 2019

Economic Development Commission June 6, 2019

Parks and Recreation Commission Minutes June 11, 2019

Environmental Commission Minutes June 27, 2019

Economic Development Commission Minutes July 12, 2019

Environmental Commission Minutes July 18, 2019

Economic Development Commission Minutes August 1, 2019

Environmental Commission Minutes August 19, 2019

D. MANAGER’S REPORT NO. 141

3. Ordinance – Budget Amendments FY18/19 – Approval of Ordinance 19-O-73, identified as Document 3, An Ordinance Amending the Fiscal Year 2018-2019 Budget for the City of Woodstock for year-end adjustments.

4. Employee Compensation Study

a) Approval of the New Non-Represented Salary Structure, as well as the corresponding “bring to minimum” salary adjustments effective October 28, 2019 for those active employees that are currently paid below the minimum of the pay grade with approximately $78,000 of that cost occurring in the current fiscal year (FY19/20), and

b) Approval of internal equity adjustments, effective October 28, 2019, with an estimated cost of approximately $15,500 occurring in the current fiscal year (FY19/20), and

c) Approval to provide each Department Director with an additional three (3) days of vacation time each calendar year commencing January 1, 2020 and that this additional vacation time is included with each new hire at the Department Director level.

5. Award of Bid

a) Authorization to approve the bid (Option #1) received from Parkreation in the amount of $50,000; and

b) Approval to accept the bid for play feature installation and provision of Fibar Mulch at an additional expense of $32,684.

6. Request for Special Use Permit – Farm Animals – Witches and Wizards –

Approval of a Special Use Permit as defined in City Code Section 4.3.7: Keeping of Exotic Animals or Wild Animals, to display alpacas, sheep and goats on the Woodstock Square for the Witches & Wizards of Woodstock event on October 27, 2019 from 1:00 PM to 6:00 PM, conditional upon the City’s terms for the event.

A roll call vote was taken on items A through C and D-3 through D-6. Ayes: D. Flynn, L. Lohmeyer, W. Piersall, J. Prindiville, G. Tebo, M. Turner and Mayor B. Sager. Nays: none. Abstentions: none. Absentees: none. Motion carried.

Item D-1 – Ordinance – Noise Control

While opining the City has done an excellent job on this issue and commending Staff and the Police Department in the collection of data and trying to craft an objective ordinance, Councilman Tebo expressed concern that noise cannot be quantified in this way. He stated if noise is defined as unwanted sound, it is very subjective. He gave examples of some sounds less than 55 decibels that could be bothersome. He stated he is looking at this as a starting point and wishes to be sure this issue is revisited quickly. Councilman Tebo stated he also wishes to be sure the problems on Southview are taken into consideration because there may be issues that do not fall within this ordinance.

Mayor Sager opined the ordinance could have been crafted in a variety of ways, noting one objective way was to quantify noise. He acknowledged the parameters can be debated. He stated much of this was based upon the comments coming from residents, noting much effort has been put into this ordinance in concert with businesses and residents. Mayor Sager agreed this does need to be reviewed, and also sees it as a starting point. He noted this is an opportunity to work with this ordinance and see the impact and then, if warranted, to come back and revisit the issue, which he would expect. He opined this is a good place to start and see where it leads to derive a balance.

Councilman Prindiville opined noise is a tremendous quality of life issue, but is extremely difficult to enforce. He opined the efforts that went into this ordinance are commendable with much valuable information being gathered. He too stated this is a start, which can be reviewed based upon the points of view from the community and the businesses. He opined this is a great tool for the Police Department to deal with complaints.

Councilman Turner expressed his appreciation for the work that has been put in on this issue and to the Mayor for his willingness to take a look at this. He stated he likes that the research focused on the spot of the complaint, rather than the spot of the source of the noise. He opined sound is a subjective matter and is a matter of the difference between what people value and don’t value. Councilman Turner stated he understands this gives the Police Department a tool with an objective measure, but opined it is an objective measure of a subjective issue, (i.e., sound). He stated he expects the Police Department to have a level of discretion in enforcement.

In response to a question from Councilwoman Piersall, Mayor Sager stated he recently met with Niko, the owner of the Red Mill, who reiterated his commitment to installation of a sound barrier on his property. He stated Niko has been in consultation with sound engineers to determine the best remedy to the issues. Mayor Sager stated there was agreement between the City and Niko that this would be resolved and would be part of the requirement for any approvals for next year, so there is a deadline in place.

Councilman Turner opined this summer has been better than last. Noting he has personally taken measurements, he stated for the most part the sound was reasonable, subjectively. He opined the two possibilities are building a barrier or turning down the sound. Mayor Sager noted Niko has committed to building a barrier.

Councilman Tebo stated he also has measured the sound emanating from Niko’s with a decibel meter. He stated if you like the music you do not mind it being louder, but if you do not like it, you believe it is too loud, noting that is where the subjectivity comes in.

Following further discussion, Mayor Sager stated the point is the ordinance provides a good starting point and the City is able to move forward in a positive manner.

Mayor Sager opened the floor to Public Comment.

John Meahan opined the proposed ordinance should not be looked at as it addresses a single business, but rather it addresses the broad question of noise as a nuisance across the City. He urged the City to consider and address noise from motor vehicles also. Councilman Turner noted the City does have a nuisance ordinance, but opined the probability of catching one individual being loud is problematic. Acknowledging the Mayor’s comment that the City has purchased decibel meters, Mr. Meahan opined this will help in court.

Motion by Mayor Sager, second by Councilman Prindiville, to approve Ordinance 19-O-74, identified as Document 1, An Ordinance Amending Title 4, Public Health and Safety, of the Woodstock City Code Related to Noise Control.

A roll call vote was taken. Ayes: D. Flynn, L. Lohmeyer, W. Piersall, J. Prindiville, G. Tebo, M. Turner, and Mayor B. Sager. Nays: none. Abstentions: none. Absentees: none. Motion carried.

Item D-2 – Ordinance – Retail Single Use Bag Program

Councilman Turner deferred to the member of the public who requested removal of this item.

Victoria Doyle stated she is an environmentalist, but asked Council to consider the effect this item will have on the poor. Noting most plastic bags are used at the grocery store, Ms. Doyle stated the poor cannot afford bags for the store, opining it really is a food tax. She stated she does not like plastic, but also does not like people being overtaxed. She stated it matters to her to have to pay more, and noted while she tries, she does not always have a reusable bag.

Mayor Sager expressed appreciation to Ms. Doyle for her comments. He stated this issue was talked about long and hard by the Commissions and the Council when considering this program. He stated the context of the program is not to be a revenue generator, but to change behavior, with the hope that there should be a diminishing revenue from this because more people will use reusable bags. He noted the City distributed a reusable bag to every household and also passed them out to retailers for distribution to the public. He stated there are also many places that give bags away free of charge, providing the public with many opportunities to acquire reusable bags. Mayor Sager expressed support of a program to place signs in some way to remind people to take their reusable bags, and noted it a is way to change behavior to reduce the use of plastic and paper bags, thus reducing fees, which is what is wanted.

Cynthia Kanner, Executive Director of the Environmental Defenders, thanked the City for being a leader on this issue. She opined plastic bags actually are not free with the costs to the stores being passed on to the consumers.

Steve Kuykendall, 4622 Dean, expressed appreciation for everyone’s efforts on this issue. He stated one of the issues with plastic is that it lasts forever, breaking down more and more, but never disappearing. He noted it gets into the water supply, the ground and the food we eat, noting the cost of cleaning it up is being passed to future generations.

Loretta Wolf, 1155 Walden Oaks, stated she is on a very tight budget, but has many reusable bags. She stated she is very cognizant of the money aspect because this would affect her, but that she also knows there are many people who give away free bags. She stated in the interest of future generations, this is a small step to clean up, which she is very much in favor of. She stated she loves what the City does, and this is one thing that makes her very happy to live in this town.

Motion by M. Turner, second by J. Prindiville, to approve Ordinance 19-O-75, identified as Document 2, An Ordinance Amending the Municipal Code of the City of Woodstock by Adding a New Chapter 22 to Title 3 Implementing a Retail Single-Use Bag Program.

In response to a statement from Councilman Tebo that he has reusable bags and would like to donate them, Ms. Kanner offered to take these at the Defenders’ office.

Councilman Turner stated in response to people who would say this is government overreach, he would say this is an avoidable tax, noting if a person uses a reusable bag, they will avoid the tax. He expressed appreciation to the Commission members for their work on this, and opined it is the right thing to do.

John Headley, 1008 Powers Road, stated the Woodstock Food Pantry would like to take the bags offered by Councilman Tebo, stating they would be handed out to the poor.

Mayor Sager acknowledged the members of the Environmental, and Cultural and Social Awareness Commissions present this evening, and thanked them for their work on this project.

A role call vote was taken. Ayes: D. Flynn, L. Lohmeyer, W. Piersall, J. Prindiville, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Absentees: none. Abstentions: none. Motion carried.

Item D-7 – Ordinance – Redevelopment Agreement – Billitteri Enterprises LLC

Councilman Prindiville stated he is not supportive of this Redevelopment Agreement, noting he does not agree with giving a 24-hour public parking lot to a private entity. He stated he also is not in favor of the waiver of the water and sewer connection fees, fearing it would set a precedent and opined these fees are needed.

Councilman Flynn stated he also cannot support this Redevelopment Agreement, opining the City is in need of commercial space. He asked what efforts have been made to secure a new tenant to replace the one that was lost.

City Manager Stelford stated the petitioner now wishes to make the entire first floor residential for a total of 24 residential units.

Mayor Sager requested that the petitioner come forward.

John Curtis, petitioner, stated a previous No Further Remediation (NFR) letter from the IEPA precludes building anything on the corner of the site except for commercial or industrial. Furthermore, he stated any construction would require removal of all soil and specialized disposal. He stated as a result, the plan has been reconfigured so that nothing is built on the corner itself, the former site of the tenant referred to by Councilman Flynn, with that corner becoming green space. He stated as a result of this reconfiguring, if any retail were to occupy the building, it would have to be setback from the street on an inside corner with limited visibility. In addition, an analysis of current rental rates in the area reduced the building’s ability to cover the debt ratio. Mr. Curtis stated as a result the plan is now to construct a four-story L- shaped building with 24 residential units.

Mr. Curtis stated the economic impact on the downtown of having 24 housing units within walking distance to the Square would bring additional people to help the existing businesses thrive, increasing sales, tax revenue, and market rates. He opined it is good to get as much density as possible and bring people to the downtown, stating this would significantly benefit Woodstock.

Mr. Curtis stated taking all this into consideration and looking at the market study is how it came about to put together an all-residential project. He stated they had to re-engineer the building to go around the lot, took into consideration the bank rates and rental rates, and took into consideration the benefit to Woodstock and the other businesses, and revised this project as now presented.

Mayor Sager stated he appreciates the ramifications of the NFR and the financial considerations that Mr. Curtis had to take into consideration. In response to the Mayor’s questions concerning elevations, Mr. Curtis stated they are looking at embracing the different exteriors of the Downtown by using a combination of materials, not necessarily all brick. He stated their architect pointed out they want to fit in with the Downtown and not stick out. In response to a question from the Mayor, Staff confirmed that this is a change from the original agreement. In response to Mr. Curtis’ statement that there would be a heavy brick element, but their wish to introduce new elements, Mayor Sager stated this is the first opportunity to set the stage for future opportunity for future development in the Downtown area. He noted it was hoped that this would set the tone that would lead to other opportunities for future development. Mr. Curtis stated this would have to be looked at from a financial standpoint.

In response to a question from Councilman Turner, Mr. Curtis stated he does not have elevations available at this time. Councilman Turner stated he understands the building might not be 100% brick, but opined it would depend on how it looks. He stated if the petitioner is making a commitment that it would have substantial brick, the City would need to see this.

Mayor Sager expressed his appreciation for Councilman Flynn’s comments concerning what was stated at the last meeting. He stated in looking at the Downtown Plan there was a concept of a transition and he believes this is a transitional project, so this is not as much of a concern for him.

Councilman Turner noted the NFR and the redesign mean that action taken by another body 25 or 30 years ago did not get it right, which is having an effect today. In response to his question to Mr. Curtis as to why he was not taking two of the first-floor residential units and bumping them up to be retail, Mr. Curtis stated he is concerned with the lease-ability and rates, providing more information on the effect this would have on the financing of the project, including his opinion that it would add to the vacancy rate. In response to a question from Councilman Turner, Mr. Curtis stated the project is financially viable with all residential.

Councilman Turner stated he shares Councilman Flynn’s concerns. He noted he is supportive of the project because it is the first in the Downtown and would like 24 new housing units. He expressed sympathy for Mr. Curtis’ situation, noting the risk developers take. He stated he wants the building to look good and brick is a huge element of this. He noted Council does need to see elevations. Councilman Turner opined if they would find a tenant for a reconfigured first-floor retail unit, it would be a win/win. Mr. Curtis stated he will take a look at this.

In response to questions from Councilman Flynn concerning rental costs, Mr. Curtis provided information on the rates he would need to get to make this project viable. Councilman Flynn talked about current rates on the Square and stated there are four businesses on the Square looking for new construction near the Square. He stated he feels this is an anchor location for the Downtown, opining what happens on this corner is going to be the catalyst for what happens in the Downtown. He stated this proposal is adding a lot of beds, but opined there is no space to add the amenities these residents will need, such as a grocery store within walking distance. He stated this project was started with them putting in a commercial outlet, which the City wants, opining it is very important this City sticks with the Downtown Development Plan. Mr. Curtis indicated unique circumstances have impacted this development. Referring to Councilman Turner’s idea, Councilman Flynn stated he thinks this is very viable for retail, noting this is a high-traffic street.

In response to a question from Councilman Prindiville, Mr. Curtis stated storage has been eliminated. Councilman Prindiville stated in his opinion he would revisit building on the NFR land, even if a tenant has to sign a document acknowledging the building was built on contaminated soil. Mr. Curtis responded that he cannot take the risk of having to fill a building on this land under those circumstances. He stated, in addition, the bank will not provide financing if this had to be requested from all tenants. Councilman Sager opined the City has to respect the petitioner’s limitations on this regarding the NFR.

Councilman Prindiville stated he is happy the petitioner is in Woodstock, but noted he is not supportive of this request because of the parking. He stated he thinks they could come to an agreement with an easement allowing the public to use the lot, opining this would be a small thing for the petitioner to agree to. Mr. Curtis stated the tenants would have to park on the street if the public uses the parking lot.

Councilwoman Piersall stated as much as she wants commercial development, she feels it is an unfair burden to ask the developer to be the benchmark for everything else that will be built in Woodstock because he didn’t know this when his initial plan was brought forward. Noting the land is not optimal, she stated if he walks away the next developer would have the same problem with trying to put commercial there. She opined this is a difficult position for the developer, which he did not anticipate.

Mr. Curtis provided additional information about what he had to do to make this project work after learning about the NFR, including problems finding financing. He stated he still believes in this project, including the need for a new residential project close to the Square, and believes in Woodstock, which is why he doesn’t want to walk away. He stated they will look at substantial brick, but want to have some accents.

Mayor Sager thanked Mr. Curtis for his willingness to invest in Woodstock.

In response to the Mayor’s question, it was the consensus of the City Council to accept a friendly amendment, noting the petitioner’s request is for a project with an entire first floor of residential units with a total of 24 residential units in the building.

Mayor Sager noted the petitioner has heard the comments from Council, including the lack of retail and brick, and a request for clarification of the elevations. In response to a question from Mayor Sager as to whether he would like to proceed with a vote or come back at another time with clarification of those points, Mr. Curtis stated he would like to go forward with a vote. He stated he is still very concerned about the retail, so would like to proceed with 24 residential units. He noted he is open to elevations being subject to review.

Motion by M. Turner, second by W. Piersall, to approve Ordinance 19-O-76, identified as Document 4, An Ordinance of the City of Woodstock, McHenry County, Illinois, Approving a Redevelopment Agreement By and Between the City of Woodstock, McHenry County, Illinois and Billitteri Enterprises, LLC, with a friendly amendment from the floor increasing residential units to 24 and subject to final review and approval by the City’s TIF Legal Counsel and review of elevations by City Staff.

In response to a request from Mayor Sager for Public Comment and in response to a comment from Mr. Curtis, Mary Hill asked why banks do not want to lend in Woodstock. In response, Mr. Curtis stated he did not know, noting banks have areas in which they do and do not wish to lend.

A roll call vote was taken. Ayes: L. Lohmeyer, W. Piersall, G. Tebo, M. Turner, and Mayor Sager. Nays: D. Flynn and J. Prindiville. Abstentions: none. Absentees: none. Motion carried.

VI. FUTURE AGENDA ITEMS

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

ADJOURN

Motion by J. Prindiville, second by G. Tebo, to adjourn this regular meeting of the Woodstock City Council to the next regular City Council Meeting on Tuesday, October 1, 2019, at 7:00 PM at Woodstock City Hall. Ayes: D. Flynn, L. Lohmeyer, W. Piersall, J. Prindiville, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: none. Motion carried.

Meeting adjourned at 8:40 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/city_council/meeting/26481/f_-_9-17-19_city_council_meeting_-_part_1_of_1_-_minutes.pdf