Chambana Sun

Woodstock City Council met July 18.

Here is the minutes provided by the Council:

The regular meeting of the Woodstock City Council was called to order at 7:00 pm by Mayor Brian Sager on Tuesday, July 18, 2017 in the Council Chambers at City Hall. Mayor Sager welcomed those present and explained the consent calendar process and invited public participation.

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

A roll call was taken.

Council Members Present: Daniel Hart, Maureen Larson, Jim Prindiville, Mark Saladin, Gordon Tebo, Michael Turner and Mayor Sager.

Council Members Absent: none.

Staff Present: City Manager Roscoe Stelford, Finance Director/Assistant City Manager Paul Christensen, Attorney Ruth Schlossberg, Public Works Director Jeff Van Landuyt, Economic Development Director Garrett Anderson, Building and Zoning Director Joe Napolitano, Library Director Nick Weber, and Chief of Police John Lieb.

Others Present: City Clerk Cindy Smiley

A. Floor Discussion:

Proclamation – International Overdose Awareness Day-

Mayor Sager was joined at the podium by Jason, representing the Substance Abuse Coalition. Without objection, the City Council approved the Proclamation – International Overdose Awareness Day, proclaiming August 31, 2017 as International Overdose Awareness Day in the City of Woodstock. Mayor Sager read the proclamation and presented it to Jason. He stated the City Council is pleased to support this proclamation and hopes this raises awareness and helps to prevent accidental overdoses. He thanked Jason for his work on this issue.

Public Comment-

There was no public comment forthcoming.

Council Comments-

Councilman Saladin reminded those present of the upcoming MCYSSA Baseball Tournament, with several games scheduled to be held at various locations in Woodstock. He thanked the City for the support given to this event. Mayor Sager thanked Councilman Saladin for his involvement with this event.

Councilman Prindiville shared comments forwarded to him by a constituent concerning the Memorial Day Ceremony and Parade. He stated the constituent suggested that traffic be eliminated on the Square prior to and during the event out of respect for the solemnity of the event. He stated the constituent opined it is difficult to hear the ceremony with the traffic noises.

Mayor Sager extended his congratulations to staff and volunteers for this year’s Summer in the Park. He stated attendance at the various events making up this annual festival were up this year, both on the Square and Emricson Park. He noted he has heard many favorable comments. He thanked City staff for their efforts to make this Festival a success.

Councilman Turner noted the Mayor and City Manager Stelford put in a great deal of time and effort on this event also.

Consent Agenda:

Motion by M. Saladin, second by J. Prindiville, to approve the Consent Agenda.

The following items were removed from the Consent Agenda at the request of Councilmembers or the Public:

• Item E-1 – Waiver of Moratorium – Liquor License Viking Dog, LLC by Councilman D. Hart

• Item E-3 – Ordinance – Boundary Agreement with Village of Bull Valley by Mayor Sager

Questions and comments regarding items remaining on the Consent Agenda:

Item E-10 – Ordinance Drug Violations-

In response to a question from Councilwoman Larson concerning the confusing language within the ordinance which states that the minimum fine is $100 and the maximum is $200 but allows more, City Attorney Ruth Schlossberg acknowledged this is confusing but stated this mirrors the language in the State statute. A brief discussion followed with Ms. Schlossberg stating the purpose of this ordinance is to bring the City in line with the State statute.

In response to a question from Councilman Turner, Chief Lieb stated his agreement with Ms. Schlossberg noting this is an era of decriminalization of a small amount of marijuana and the proposed ordinance mimics the State statute. Chief Lieb opined the City would see more compliance in payment of fines and avoid questions about why the City’s fines are so much higher than the State. Ms. Schlossberg stated the City is trying to make it clear it is in line with the State statute, noting this is not one of the things given discretion to Home Rule communities. Mayor Sager noted the City does not want to get into a position where the City is contradictory to State statute.

Item E-2 – Community Event – Food Truck Festival-

Noting eight food trucks will be coming to the Woodstock Square for this event, Councilman Tebo asked if any were from Woodstock. Mayor Sager replied that it is not known what trucks will be in attendance, but stated he expects there may be some from Woodstock based upon the vendors in attendance at Summer in the Park. He noted that this is a charity event with each truck affiliated with a charity to see which truck can raise the most money for its charity. Mayor Sager acknowledged the concern about competition with local restaurants but noted the trucks serve a limited menu and no alcohol. In response to a request from Mayor Sager for his opinion, Councilman Hart stated he has no problem with this event noting he does not believe it will have a negative effect and may bring more traffic to the restaurants.

Councilman Prindiville noted a business person has expressed concern regarding the collection of sales tax at this event. City Manager Stelford assured Mr. Prindiville that the City will do everything possible to see that sales tax is collected. He noted that a business registration program in Woodstock will help with this issue.

Mayor Sager opened the floor to public comment on any items that remain on the Consent Agenda.

Joseph Monack, 343 S. Jefferson, stated his wish to ask a question and comment on Item E-10. In response to his question, City Manager Stelford stated the fine budget for the Police Department is approximately $400,000, noting that this includes all types of fines. Mr. Monack stated his agreement with reducing the penalties as provided in the proposed ordinance. He stated while he is appreciative of the reduction, he feels a fine is regressive, however. He suggested City representatives write to state representatives to recommend a full legalization of marijuana. He opined this would be more fair and have great potential for increased tax revenue, stating an SIU poll showing the public is supportive to legalization.

Mayor Sager affirmed the Consent Agenda to include items B through D, E-2, and E4 through E10 as follows:

B. Minutes of Previous Meetings

April 21, 2017 Special City Council Workshop

June 20, 2016 City Council Minutes

C. Warrants: #3767 #3768

D. Minutes and Reports:

Human Resources Monthly Report June 2017

Woodstock Police Department Monthly Report May 2017

E. Manager's Report No. 93

2. Community Event – Food Truck Festival

a) Approval to hold a community event, the Food Truck Festival, between the hours of 5:00 and 9:00 pm on Saturday, September 16, 2017, on the Square with closure of the inner parking on the Square and provision of City Services; and b) Approval of Ordinance 17-O-61, identified as Document 1, An Ordinance Imposing Certain Temporary Parking Restrictions for “Food Truck Fest” in the City of Woodstock, McHenry County, Illinois on Saturday, September 16, 2017 with all approvals conditional upon terms set forth within the Staff report.

4. Ordinances – MCCF Donation – Approval of the following ordinances related to the assignment of a conservation easement and the acceptance of a donation from the Community Foundation of McHenry County of a 77-acre parcel partly adjacent to the land already donated to the City at or near 10210 South US 14: a) Ordinance 17-O-62, identified as Document 3, An Ordinance Approving the Assignment and Grant of Conservation Easement from the City of Woodstock to the Land Conservancy of McHenry County; and b) Ordinance 17-O-63, identified as Document 4, An Ordinance Accepting the Donation of Approximately 77 Acres from the Community Foundation of McHenry County.

5. Request for a Special Use Permit – Exotic Animals Wizarding World of Woodstock – 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 during a community event, Wizarding World of Woodstock, on the Woodstock Square between the hours of 6:00PM and 8:00PM on Thursday, July 27, 2017, in the Home State Bank Parking lot with all approvals conditional upon the terms set forth within the Staff report.

6. Ordinance – City Code Language Clarification – Approval of Ordinance 17-O-64, identified as Document 5, An Ordinance Amending Title 3, Business and License Regulations, Chapter 9, Section 3.9.2 Related to Electrical Contractor Licensing; Title 7, Chapter 1, Sections 7.1.7 and 7.1.13 related to Building Permits; and Title 6, Chapter 1, Section 6.1A.12 related to Parkway Maintenance of the City Code of Woodstock, Illinois requiring a deposit for electrical exams, clarification regarding language for the issuance of building permits, revisions to permit expirations, and clearly defined maintenance responsibilities for the public way.

7. Purchase – Safety Railing – Approval of the purchase of 525 lineal feet of new safety railings for installation at the City’s South and North Side Wastewater Treatment Plants from Breuer Metal Craftsmen Inc., Beaver Dam, WI, for an amount not-to-exceed $23,627.

8. Award of Contract – Custodial Services for City Hall, the Library, Public Works, and Recreation Center – Award of contract for the cleaning of City Hall, the Library, Public Works, and the Recreation Center to the lowest responsible bidder, Emeric Facility Services, Waukegan, Illinois for $4,212 per month for a two-year time period beginning September 1, 2017.

9. Ordinance – Purchase of Truck and Surplus Property

a) Authorization to purchase a pickup truck under the Suburban Purchasing Contract from Currie Motors, Frankfort, Illinois for a total bid price of $29,527 and the purchase and installation of the remainder of the equipment for a total cost of $7,780.71, resulting in a total purchase price of $37,307.71; and

b) Approval of Ordinance 17-O-65, identified as Document 6, An Ordinance Authorizing the Sale of a 2005 Chevrolet Silverado Owned by the City of Woodstock.”

10. Ordinance – Drug Violations – Approval of Ordinance 17-O-66, identified as Document 7, an Ordinance Amending Title 4, Public Health and Safety, Sections 4.9.2 and 4.9.3 of the Woodstock City Code Related to Unlawful Possession of Cannabis and Possession of Drug Paraphernalia.

A roll call vote was taken on items B through D, E-2, and E-4 through E10. Ayes: D. Hart, M. Larson, J. Prindiville, M. Saladin, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: none. Motion carried

Item E-1 – Waiver of Moratorium – Liquor License Viking Dog, LLC-

Councilman D. Hart recused himself and exited the Council Chambers at 7:28 pm.

Motion by M. Turner, second by M. Saladin, to waive the moratorium for liquor license applications, allowing the acceptance of an application for a Class B-4C (non-convenience specialty store with consumption of alcohol) from Viking Dog LLC, 136 Cass Street, with the understanding this is not a guarantee of license approval and that it is a one-time waiver for this location only.

In response to a question from Councilman Saladin, Mayor Sager stated this would allow a store without a bar to sell alcohol for consumption on premises and also package sale. He said the concept is to sell higher-scale craft beer or wine with sampling and package purchase and no food requirement.

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

Councilman D. Hart returned to the Chambers and rejoined the proceedings at 7:32PM

Item E-3 – Ordinance – Boundary Agreement with Village of Bull Valley-

Mayor Sager stated, as Council is aware, this item is a result of on-going negotiations between the Village of Bull Valley and the City of Woodstock at the direction of the City Council to try to provide a boundary agreement. The negotiations have resulted in a mutually supportive agreement that is being considered this evening.

Mayor Sager stated the attorney for Bull Valley has raised a question with regard to item 5 at the bottom of page 2 of the agreement, specifically looking at the language of section 5. He called Council’s attention to page 139 of the Council packet, specifically the paragraph beginning “Notwithstanding the above paragraph, Woodstock agrees to allow Bull Valley to connect to Woodstock’s sanitary sewer and water systems.” He noted this paragraph provides commercial businesses being developed by the Village of Bull Valley in an area along Rt. 120 with the opportunity to connect to City utilities in consideration of the City gaining significant opportunities in other areas.

Mayor Sager noted in considering offering this opportunity to Bull Valley, the question was how does the City protect its businesses. It was determined that the Bull Valley businesses would pay a 25% higher rate but no upper limit was set. Consequently, it is proposed to amend the agreement this evening to state, “further, such fees shall not be assessed at a rate higher than 1.5 times the established Woodstock property owner’s rates.” Mayor Sager noted this would give Woodstock flexibility and provide some protection to Bull Valley.

In response to a question from Mayor Sager, City Attorney Schlossberg stated she has spoken with Bull Valley’s counsel who feels Bull Valley would be supportive of this. City Manager Stelford stated he has received a communication from the President of Bull Valley stating she is supportive of this change.

In response to a question form Councilman Saladin concerning paragraph 6, Mayor Sager stated the intent of this language is to accommodate buffering by allowing higher lot size on property covered by the Class 3 Groundwater Area. He noted this entire paragraph talks about the Boone Creek Fen Watershed System. In response to a question from Mayor Sager, J. Napolitano agreed, noting the intent was to not impact the Class 3 Watershed Area. City Attorney Schlossberg agreed.

Mr. Saladin stated he wished to make sure this is the case and that the City is not limiting the development possibilities. Mayor Sager stated it is his interpretation that this only applies to Class 3 Groundwater areas and provided further information on the discussions that were held on this item.

In response to Mayor Sager’s request for public comment, there was none forthcoming.

Motion by M. Turner, second by M. Saladin to approve Ordinance 17-O-67, identified as Document 2, An Ordinance Approving an Intergovernmental Agreement Between the City of Woodstock and the Village of Bull Valley Amending and Extending Their Existing Boundary Agreement.

Motion by M. Saladin, second by M. Larson, to amend a certain portion of Document 2, specifically by adding the following verbiage to the proposed new second paragraph which amends Section 5 of the Agreement modifying the 1997 Boundary Agreement: “; further, such fees shall not be assessed at a rate higher than 1.5 times the established Woodstock property owner’s rates.”

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

A roll call vote was taken on the motion to approve Ordinance 17-O-67 as amended. Ayes: D. Hart, M. Larson, J. Prindiville, M. Saladin, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: none. Motion carried.

Future Agenda Items:

Following a brief discussion, it was determined that the item identified as “Little Free Library” on the August 1, 2017 Tentative Agenda is no longer needed as that issue has been resolved.

In response to a request from Councilman Prindiville, it was the consensus of the City Council that a discussion regarding Board and Commission appointments be placed on a future agenda.

Joe Keeley requested that Council members speak into the microphones or the volume be raised as he has a hearing deficiency. Mayor Sager thanked Mr. Keeley for approaching the Council and stated this will be addressed.

Adjourn:

Motion by M. Turner, second by J. Prindiville, to adjourn this regular meeting of the Woodstock City Council to the next regular Council meeting on at 7:00PM on Tuesday, August 1, 2017 in the Council Chambers at Woodstock City Hall. Ayes: D. Hart, M. Larson, J. Prindiville, M. Saladin, G. Tebo, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: none. Meeting adjourned at 7:55 pm.

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