McHenry Times

City of Woodstock City Council met Oct. 15

Here are the minutes provided by the council:

A regular meeting of the Woodstock City Council was called to order by Mayor Michael Turner at 7:00 p.m. on Tuesday, October 15, 2024 in the Council Chambers at Woodstock City Hall. He explained the Consent Calendar process and invited public participation. This meeting was livestreamed.

A roll call was taken.

COUNCIL MEMBERS PRESENT: Darrin Flynn, Melissa McMahon, Tom Nierman, Bob Seegers, Jr., Gordon Tebo, Natalie Ziemba, and Mayor Michael Turner.

COUNCIL MEMBERS ABSENT: None.

STAFF PRESENT: City Manager Roscoe Stelford, City Attorney Ruth Schlossberg, Executive Director of Strategy & Planning Paul Christensen, Executive Director of Business Development Danielle Gulli, Building and Planning Department Director Joe Napolitano, City Planner Darrell Moore, Police Chief John Lieb, Deputy Chief Rob Pritchard, IT Director Dan McElmeel, Public Works Director Brent Aymond, Parks and Recreation Director Mark Pentecost, Engineering Director Chris Tiedt, Grants Writer Barb Szul, and City Clerk Jane Howie.

OTHERS PRESENT: Commissioner Ron Giordano and Woodstock Police Department staff.

City Clerk Howie confirmed the agenda is a true and correct copy of the published agenda.

III. FLOOR DISCUSSION

Anyone wishing to address the Council on an item not already on the agenda may do so at this time.

A. Swearing-in Ceremonies – Woodstock Police Officers

Chief Lieb thanked Mayor Turner and City Council members for their time this evening. He spoke about officers’ field training and their accomplishments thus far and said that this Oath reaffirms their commitment to the Woodstock community that they will do their absolute best for the safety of our citizens. He asked Officer Granias to step forward with his family.

Officer Granias was sworn in by Commission Chairman Giordano and his badge was affixed by his wife, which was met with heart applause.

Chief Lieb mentioned that Officer Kenia Aguayo-Miramontes’s uncle, a Police Officer in Las Vegas, is here this evening. He asked Officer Kenia Aguayo-Miramontes to step forward with her uncle.

Officer Kenia Aguayo-Miramontes was sworn in by Commission Chairman Giordano and her badge was affixed by her uncle, which was met with heart applause.

B. Public Comments:

Ms. Peggy Hart, a member of Friends of the Opera House, wanted to share information about the fundraising opportunities of the group. The poinsettia fundraiser began last week. Those interested are asked to call the Box Office through November 20th. She added that the poinsettias will be available for pick up at the Opera House on Small Business Saturday, November 30th. She mentioned that everyone is welcome to become a Friend of the Opera House, and they are always looking for more friends. Mayor Turner thanked Ms. Hart for all the work that the Friends do for the Opera House and the City. He welcomed her to come back any time to share updates.

C. Council Comments:

Councilwoman Ziemba shared that she attended a tour of the William Kline & Co. manufacturing plant in Woodstock on October 8th, after the announcement of manufacturing tours at the Council’s October 1st meeting. She stated that she was so impressed with the facility, and that her dad had helped to design some of the machines there. She encouraged her fellow Council members to take a tour when possible.

IV. CONSENT AGENDA

Motion by Flynn, second by Tebo to approve the Consent Agenda.

In response to a question from Mayor Turner, the following items were removed from the Consent Agenda by Council or the Public.

• Item D-1 - Ordinance – City Code Amendment – Speed Limit Reduction in the Sanctuary of Bull Valley by Seegers 

• Item D-2 - Ordinance – SUP – Towing Impound Yard – 13718 Washington Street by Seegers

• Item D-4 - Ordinance – FY23/24 Budget Amendments by Seegers

• Item D-6 - Resolution – MDC Garbage Contract was removed by Mayor Turner

• Item D-9 - Resolutions – Davis Soccer Field Improvements Project – Change Orders was removed by Nierman

In response to a question from Mayor Turner, the following question was forthcoming from the Council or the Public regarding items remaining on the Consent Agenda.

Item D-3

Councilman Tebo mentioned, pertaining to Ordinance – Surplus Declaration – Fleet Vehicles, that the document lists twelve different items being put up for sale. He asked why the City is selling the last two items without having replacements. Director Aymond said the City already has replacements for this equipment, one of which was purchased eight years ago. He added that there is no use for the large tractor; the City is using zero-turn mowers instead.

Mayor Turner affirmed the Consent Agenda to include Items A – D-3, D-5, D-7 & D-8, D-10 & D-11, as follows:

A. ACCEPTANCE OF CITY COUNCIL MINUTES

1. October 1, 2024 City Council Minutes

B. WARRANTS

1. #4120

2. #4121

C. MINUTES AND REPORTS

1. Arts Commission Minutes September 9, 2024

2. Woodstock Public Library Board of Trustees Minutes August 8, 2024

D. MANAGER’S REPORT NO. 258:

3. Ordinance – Surplus Declaration – Fleet Vehicles (258c)

Approval of Ordinance #24-O-57 authorizing the sale of personal property owned by the

City of Woodstock, and authorizing and directing the City Manager, or his designee, to dispose of said property as allowed by law, including but not limited to sale to the highest bidder on www.GovDeals.com, recycling, donation, and/or disposal.

5. Ordinance – Operating Agreement of Woodstock Courthouse LLC Amendment (258e)

Approval of Ordinance #24-O-58 authorizing the first amendment to the Amended and Restated Operating Agreement of Woodstock Courthouse, LLC, subject to final review and modifications by the City’s Historic Tax Credits Attorney. 

7. Resolution – Multi-Jurisdictional SWAT IGA Renewal (258g)

Approval of Resolution #24-R-23 authorizing the City Manager, or his designee, to execute the Mutual Aid Agreement with the McHenry County Sheriff’s Department regarding an inter-departmental SWAT Team.

8. Resolution – Tolling Agreement – Fourth Addendum – Video Gaming Push Tax (258h)

Approval of Resolution #24-R-24 and authorization for the City Manager to execute the Fourth Addendum to the Tolling Agreement with the municipalities Algonquin, Carpentersville, Lake in the Hills, and McHenry, and the video gaming terminal operators J&J Ventures Gaming, LLC, Gold Rush Amusements, Inc., Accel Entertainment Gaming, LLC, Lattner Entertainment Group Illinois, LLC, Eureka Entertainment, LLC, Velasquez Gaming, LLC, Ashiq Gaming, LLC, and Pocket Aces Gaming, Inc. for the purpose of tolling the City’s video gaming Push Tax.

10. Contract Award – Managed Detection and Response (MDR) (258j) Approval to authorize the City Manager, or his designee, to execute a contract for $38,026 with Alliance Technology Group, LLC for the purchase of the Kaseya 365 Pro Subscription based on a three-year contract to provide Managed Detection and Response (MDR) services.

11. Police Pension FY23/24 Annual Statement/Actuarial Report (258k) Acceptance of the Police Pension Fund’s FY23/24 Annual Statement and the Actuarial Report prepared by Foster & Foster, which recommends an employer contribution of $2,012,527 for the 2024 Police Pension property tax levy.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried to approve the Consent Agenda.

Item D-1 Ordinance – City Code Amendment

Councilman Seegers asked about the speed limit reduction in the Sanctuary of Bull Valley. He mentioned that he doesn’t have a problem with this request. Mainly, he wanted to know if the request is for safety purposes or due to the Route 47 project pushing more traffic through the subdivision in the future. It was noted that the request came in from a resident and the Home Owners Association supports the request. Director Tiedt said a destination study was not done; a standard speed study was completed. Mayor Turner said he is comfortable with staff’s recommendation. It was noted that there are no sidewalks in this neighborhood. Director Tiedt shared that the speed limit in neighborhoods is 30 mph if nothing is posted. Therefore, because the speed limit will be lowered to 25 mph, new signs are needed. Councilman Seegers opined that he’s concerned with future requests coming along because of this request. Mayor Turner said each request is analyzed by staff.

The resident / requester, who is a former Police Officer, said he lives on a corner, he said the speeding in the neighborhood is rampant. He opined the driving public is ignoring the stop signs, and he agrees that with the upcoming construction on Route 47 there will be more cut-through traffic. His hope it to keep the kids in the subdivision safe. He added that he noticed a huge change having the City’s speed wagon on site. He mentioned that the neighbors in the Ponds of Bull Valley already have a reduced speed limit of 25 mph. Councilman Seegers said he’s happy to hear that the HOA is supportive of the request to reduce the speed limit in this subdivision. In response to a question from Councilwoman Ziemba the resident said there are no sidewalks on the outer portion of the subdivision; there are sidewalks on the inner section.

Motion by McMahon, second by Flynn, to approve Ordinance #24-O-59, an Ordinance amending Section 5.3.1, Schedule 1 Speed Limits, of the Woodstock City Code, creating a maximum speed limit of 25 miles per hour on all streets within the Sanctuary of Bull Valley subdivision, identified as DOC. #1.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried.

Item D-2 Ordinance – SUP – Towing Impound Yard – 13718 Washington Street

Councilman Seegers said he supported this special use permit only if the lot is paved with asphalt. He asked that staff look at procedures internally and make updates where needed. Councilman Nierman added that staff needs to ensure that all entrances into town are well-maintained.

The petitioner stated they understood this request and agreed with the paving. They said this will be taken care of by May 1, 2025. However, if the weather cooperates this fall, this will be taken care of this year. Councilman Seegers asked that this is paved before they can bring vehicles to the lot. He suggested that the motion to approve state that no impounding of vehicles will be allowed until the lot is paved. Also, the landscaping requirements must be met. The petitioners agreed to this, as well. Councilwoman McMahon said that on page 70 of the Council packet it states that the lot will be paved and two trees will be planted at the main entrance. She would also like the lot to be properly maintained and have a well-landscaped appearance.

Motion by Seegers, with contingencies that no impounding will occur until the lot has been paved and two trees planted with continued maintenance, second by Ziemba to approve Ordinance #24-O-60, “An Ordinance Granting a Special Use Permit to Allow a Towing Impound Yard at 13718 Washington Street, Woodstock, Illinois, identified as DOC. #2.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried.

Item D-4 Ordinance – FY23/24 Budget Amendments

Councilman Seegers shared his disappointment that the Recreation Department exceeded its budget by $37,000 due to mold in the attic space and the related remediation and testing. He applauded Executive Director Gulli & Director Campbell for revenue growth at the Opera House.

He said his personal goal was to increase net revenues so that the taxpayers are subsidizing to a lesser amount. Further discussion ensued. City Manager Stelford explained that the library is very unique because their Board has a lot of authority over staffing and their area of the organization.

He said this relationship represents more of a partnership between the City and the Library Board.  Councilman Seegers had a question about the transfer from the General - CIP Fund to Water & Sewer - CIP Fund and the Enhanced Streets Improvement Program. City Manager Stelford said this was for Lake Avenue in FY23/24; this exercise assists the City when being assessed for bond rating determinations and demonstrating legal compliance.

In response to a question from Mayor Turner, City Manager Stelford said the quantity of budget amendments is not out of the ordinary, partly due to the Old Courthouse Center. Once projects are underway, its sometimes necessary to change the scope of a project. He added that this is a very common practice to show compliance following the law; it’s a good financial management practice. Councilman Seegers said his goal is to decrease the taxpayers’ subsidies.

Councilwoman Ziemba said she looked at this as a look-back and a make-good, some numbers were a bit high and concerning, but this helps to understand the process and document the necessary changes. Councilman Seegers said the numbers aren’t bad if you remove the Old Courthouse project. Councilman Flynn asked about the General Fund to Library Building Fund, $250,000 vs. $200,000. He wanted to make sure this is clear and the documents match on both sides. Councilwoman McMahon mentioned that Council is provided the packet on Friday afternoon to read through over the weekend. She said there was an issue with one of the figures on page 84. She asked about the correction before them this evening and asked that these errors don’t occur going forward.

Motion by Tebo, second by Seegers, to approve Ordinance 24-O-61, An Ordinance Amending the Fiscal Year 2023-2024 Budget for the City of Woodstock, Illinois, identified as DOC. #4.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried.

Item D-6 Resolution – MDC Garbage Contract

Mayor Turner said Council is here to review the updated contract negotiation with MDC. As shared in the public feedback sessions, there are changes in this industry; these are not changes that the City requested. The City received great input from the public, which was thoughtfully considered with staff, individual Council members, and MDC, which has been brought forth tonight. There are multiple dimensions of this contract, many elements of service and cost, to name a few. He mentioned the dates of the in-person and virtual sessions that were open to the public. Staff has worked diligently with MDC; there are 8,000 households in Woodstock that would be impacted by this service contract. Unfortunately, there is no practical way to deliver this service that everyone will be happy with. The City is doing their best to provide the best refuse service available. Mayor Turner added that there are now two options, a 35-gallon and a 95-gallon toter. There will be a 65-gallon recycling toter, as well. Effective July, 2025, the sticker program would no longer available, and stickers would only be used for excess garbage and additional bulk items. Therefore, the cost of refuse service will be higher for those who were involved in that program. The City negotiated a senior rate of $15.00 per month, which is the lowest in McHenry County. There are four communities that still have a sticker program, legacy communities, but it is believed this will change. The industry is moving toward automation for safety purposes and costs. City Staff have looked at all possible options.

It was noted that at this time residents cannot opt out of the refuse program in any way. Councilman Tebo compared this to having kids in schools vs. being a senior citizen with no kids in school; however, still paying taxes for the schools. He suggested having an option for financial assistance for those residents on fixed incomes / financial hardship.

In response to questions from Councilman Flynn, City Manager Stelford said stickers will still be used for bulk items and excess garbage, but not for basic garbage service. He added that residents can put out one bulk item per week for free. Should they have more than one bulk item in any given week, they would need to attach stickers to pay for that extra bulk item to be picked up. In response to a question from Councilwoman McMahon regarding the cost of garbage stickers, City Manager Stelford said the cost of stickers will go up to $5.00 in January 2025. However, the sticker price will return to $3.38 as of July 1, 2025. At that time, stickers will only be used for an additional bulk item each week or an additional bag of garbage that does not fit into the toter. It was noted that yard waste is collected April through the first full week of December each year.

Mr. Molnar said the yard waste trucks are not automated. An employee needs to get out of the truck to pick up the yard waste bag. Councilwoman McMahon read her opposition to MDC’s proposed contract.

Councilman Seegers commended City staff for all of their work with the community meetings and the MDC negotiations. It was noted there are 5,200 households in Woodstock that have been subsidizing the sticker program over the years. He noted that there are only a handful of available refuse companies in the area. It’s important to determine what the best interest is for the citizens. He said he’ll be voting in support of this contract.

Councilman Nierman thanked staff for their negotiations and for getting the 35-gallon toter option. He agreed that City staff has done a great job communicating with the community over the months. He opined this is a reasonable annual cost for refuse service.

Councilwoman McMahon asked why tiered pricing is not being considered. She said for those residents using a 35-gallon toter vs. a 95-gallon toter, MDC is disposing of less garbage. In response, Mr. Molnar shared that the majority of the cost to provide refuse service is the cost of the driver and the truck going down each street. It’s not just the amount of garbage that is picked up. He also mentioned that there are both front-load and rear-load trucks. The front-load trucks can be managed from the driver in the truck.

In response to questions from Councilwoman Ziemba, Mr. Molnar said landfills are further away so they are not readily available to residents. Councilwoman McMahon mentioned that the contract presented in the packet has an end date of December 2025; which should be December 2024. She stated to staff to “check your work.”

Several residents spoke on their frustration with discontinuing the sticker program (eliminating the bag service), making refuse service mandatory, the increased cost from the sticker program vs. the toter service. Some residents opined that the City is rushing into this contract without fully researching all that is available out there. Some residents said that would support a tiered program, if available. Staff confirmed that of all the refuse companies available in our area, none of them would offer a sticker program / bag service going forward or an opt-out option. There was also a suggestion that MDC educate the public on what can and cannot be recycled.

Mayor Turner asked Mr. Molnar to comment on the mandatory requirement for garbage services. In response, Mr. Molnar said the pricing is determined by the number of homes that are serviced in each town. He said it’s very difficult to build pricing when they don’t know the number of homes they’ll be servicing. City Manager Stelford shared that staff have reviewed information from other communities. He said in FY22/23, based on a report compiled by Crystal Lake, only five communities were able to offer a sticker program. He said refuse service is similar to water and sewer services; all residents are required to pay for the needed services, as the City wants to guarantee garbage is being removed from the community and not accumulated or illegally dumped.

He added that more complexities and more options will equal higher costs. The City is trying to keep costs low; therefore, the requirement is to move away from complexities and offer a simplistic program. Staff is aware of and has tried to reduce the impact these costs will have on the residents. 

Mayor Turner said MDC will give new toters to all residences. He added that the costs would increase if we only signed a five-year contract, as the service fees would need to be higher in order to amortize the costs of the new toters, versus the longer proposed 10-year contract period.

Councilman Seegers said about utilities, even if you don’t use electricity or natural gas, you would still get a bill.

In response to questions from Councilman Flynn, it was shared that there are approximately 1,100 senior households in Woodstock that would be subject to the proposed contract. Councilman Flynn is concerned about the increase in cost each year.

It was noted that there are a specified number of 35-gallon toters, specifically for senior citizens. Mr. Molnar said if a senior citizen wants a 35-gallon toter, that doesn’t count toward the number of 35-gallon toters provided. Councilman Flynn suggested having the City collect additional data before making a decision.

Councilwoman McMahon is still concerned that the City did not go out for an RFP. She asked MDC if they would stand by these numbers. Mr. Molnar said he is not the decision maker and he’s unsure what the company would do. He said there are still sticker programs out there; however, he opined that these numbers are very low. MDC looks for partnerships with municipalities, offers rates that are below market; however, they would need to reassess based on desired changes in the program.

In response to a question from Mayor Turner pertaining to not going out for bids, City Manager Stelford said there were a variety of factors. MDC has been a reliable partner, they’ve gone above and beyond to work with Woodstock residents. The City looks at neighboring municipalities’ pricing and bid results received by those that have initiated the formal bid process. As indicated in the City’s reports, some of the providers have elected to forgo bidding on these RFPs. MDC can provide the lowest cost because they’ve already been serving our community. The ten-year contract will keep costs down.

Mayor Turner reminded everyone that the first bulk item is free each week per residence. A bit of discussion ensued pertaining to bulk items. Mr. Molnar said bulk items are very infrequent.

Mayor Turner said the refuse industry has changed; however, we don’t have any alternatives. Councilman Flynn said he’d like to see the final contract before Council has to vote. Executive Director Christensen said the contract presented this evening would still be subject to the review and modifications by the City Attorney.

Councilwoman McMahon would like to have the option of an RFID chip scanning technology as the City’s toter program, so that residents are only charged when their toter gets emptied. She’d also like to see the tiered pricing. She does not like the demand that if you don’t pay your refuse bill your water will get shut off. City Manager Stelford said if residents are having financial issues, the City welcomes them to work with staff on these issues. In response, Mr. Molnar said, in response to RFID chips on toters, they have issues with the readers during inclement weather, especially if it involves ice and snow. Mr. Molnar said if the technology improves, he’d be open to have that discussion; however, right now it’s not reliable. Mayor Turner confirmed with the vendor a willingness to explore new technology as it becomes available during the 10-year contract, could this be opened up for new negotiations, which was confirmed assuming it benefits both parties.

Councilman Seegers asked about an opt-out option, Christensen said the City selects a garbage provider and they are the only company allowed to pick up trash from residential properties in Woodstock. Mayor Turner asked Mr. Molnar approximately how many residents would opt-out, which he was not able to provide that information as it would be unknown.

Councilman Tebo said he supports this proposal as is. Councilman Seegers is supportive, as well. Councilwoman Ziemba would like a tiered system; she doesn’t like the mandate. She’d like to look for another option. Councilman Flynn is not currently supportive; however, financial assistance to struggling residents, possibly provided by the Environmental Fund, could address these concerns. Councilman Nierman is supportive of moving forward with the current proposal.

Councilwoman McMahon is not supportive; an alternative would be a tiered program and/or a community dumpster. She isn’t supportive of the mandatory requirement.

Mayor Turner said of the 100 contracts, all of them are mandatory with no opt-outs throughout the surrounding counties including McHenry, Kane, Lake, DuPage, Cook. Mayor Turner said he is generally supportive, but he would like an alternative. Perhaps the people that currently have the toter system could keep the same costs. He suggested taking a final push to look at pricing. Mr. Molnar said MDC has valued their relationship with the City of Woodstock over all these years and would work with the City to offer an alternative proposal, focusing on a lower senior price.

There was a suggestion to postpone this item to time specific, the November 5, 2024 Council meeting, to allow for the opportunity to look at viable alternatives, as discussed this evening.

Motion by McMahon, second by Ziemba, to postpone consideration of a Resolution Extending the MDC Garbage Contract, identified as DOC. 6, to the November 5, 2024 City Council meeting.

Ayes: Flynn, McMahon, Seegers, Ziemba, and Mayor Turner. Nays: Nierman and Tebo.

Abstentions: none. Absentees: none. Motion carried 5-2.

Item D-9 Resolutions – Davis Soccer Field Improvements Project – Change Orders

Councilman Nierman expressed his concern about the fields; he said they aren’t great yet. He asked if the City is throwing too much money at this project. He suggested giving the seeding a chance to grow, then see how this works in the next year or so. He added that it still needs irrigation.

Director Aymond said three fields were completed in 2023 and they are looking much better; they will be utilized next year. He added that the City got the irrigation back up to speed. Public Works has been getting compliments from the soccer players. Director Aymond mentioned that two more fields were completed and a third is partially done. Now, they just need to get them seeded, watered and established while they’re using the other three fields. Executive Director Gulli said the adult group is largely from Woodstock; they love Woodstock’s fields. Director Pentecost mentioned that the Recreation Department will be looking at user fees, and user agreements with fees built in; capital improvements. They have also received compliments about the fields over the past three months.

Councilwoman McMahon expressed her concern over the frost warning tonight. She asked if it’s too late to get the field seeded. Councilman Nierman said we should stop seeding now, and complete the seeding after Thanksgiving. Director Aymond thanked him for this information.

Councilman Nierman suggested getting the soil work done now. Director Aymond said that is doable. He said the sprinkler heads are being adjusted due to the addition of soils. Councilman Flynn shared his frustration because the City deferred maintenance on these fields and now we are spending money to bring the fields up to par. Director Aymond said there will be yearly expenses to maintain these fields going forward.

Motion by Flynn to include seeding after Thanksgiving as directed by Councilman Nierman, second by Tebo to approve Resolution 24-R-25, a Resolution approving Change Order # 1 with Thelen Materials LLC of Antioch, IL to supply an additional 167 cubic yards (250 tons) of certified earth materials that meet IEPA standards for a total increase of $9,242.50, identified as Doc. #9,

and Resolution 24-R-26, a Resolution approving Change Order # 2 with Langton Group of Woodstock, IL for labor to perform grading and leveling of additional earth materials at Davis Road Park soccer fields for a total increase of $7,200, identified as Doc. # 10.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried.

VI. FUTURE AGENDA ITEMS

Mayor Turner asked that the Mobile Food Trucks discussion item be moved to the November 19th City Council agenda.

VII. ADJOURN

Motion by Flynn, second by McMahon to adjourn this regular meeting of the Woodstock City Council to the next regular meeting on Tuesday, November 5, 2024 at 7:00 p.m. in the Council Chambers at Woodstock City Hall.

Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none.

Abstentions: none. Absentees: none. Motion carried.

The meeting adjourned at 11:04 p.m.

https://www.woodstockil.gov/AgendaCenter/ViewFile/Item/560?fileID=7157