McHenry Times

Woodstock City Council met Nov. 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 on Tuesday, November 19, 2019 by Mayor Brian Sager 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: 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 Ruth Schlossberg, Public Works Director Jeff Van Landuyt, Building and Zoning Director Joe Napolitano, and Economic Development Director Garrett Anderson

OTHERS PRESENT: City Clerk Cindy Smiley

Mayor Sager stated the developer of Founder’s Crossing has requested that the item be removed from the Agenda, noting Item D-7, a petition for the site previously called Woodstock Station or the Die Cast site, has been permanently withdrawn and will not be considered. He stated this action was based on the response from the community. He noted the petitioner has asked to work with the City in the future. Mayor Sager thanked City Staff and the Plan Commission for their many hours of work on this project and also the people in the community for their communication about the project. He noted the petitioner also thanked them for their input, recognizing this project is not the best for this particular parcel.

III. FLOOR DISCUSSION

Public Comment

Doreen Paluch, 517 Dane Street, stated she has ownership interest in an office building on the Square. Noting there is an easement for the alley to allow access to the back of this building, she stated during construction for the renovation of the former Elks building for use by Ethereal, she was still able to access the building through the alley. She stated now that construction has been completed, the owner of the Chop Suey Hut has indicated he will not allow access to the alley and Ethereal has placed their dumpster in the alley blocking access. Ms. Paluch stated this has presented significant problems to her and other business owners who back onto the alley, detailing some of these problems.

Ms. Paluch stated she has met with City Staff and understands that possible resolutions are being explored. Noting there are other highly significant issues facing the City, she stated her wish to make Council aware of this situation.

Mayor Sager stated the City will try to derive a resolution to the best of its ability.

David Gutowsky, Internet Freedom of McHenry County, 224 West Judd Street, stated his wish to address the Council about internet access. He opined the County’s internet offerings are not the best and cost too much. He stated he wishes to provide the best internet possible with multiple providers for the same or lower costs. Mr. Gutowsky stated he does not represent a company and is not selling anything, but rather represents a not-for-profit organization consisting of community members whose wish is to have affordable internet for everyone. Explaining his plan further, he invited everyone to find out more information through the organization’s website and to take a survey concerning internet access.

Katy Parkhurst, 357 Lincoln, stated she is speaking as a 20-year resident of Woodstock and former chairperson of the Plan Commission. She reminded Council of the role of the Plan Commission, including to provide a recommendation to the City Council on the appropriateness of a potential development. Ms. Parkhurst talked about the Plan Commission meetings for Founders’ Crossing, opining it should not have come before the Commission so many times, stating Council should have told the Commission what it wanted at some point. She also opined City Staff should be required to follow the procedures on how a development should go through the process.

Mayor Sager asked how the process was not followed. Ms. Parkhurst stated the petitioner did not fulfill all obligations and private meetings were held with the Chamber that were not within the scope of the process. She also opined new public hearings should have been held and noticed.

Mayor Sager stated the City Attorney advised that a new public hearing was not needed and also whether the project needed to go back to the Plan Commission. He stated the private meetings that were held were not orchestrated by the City or City Staff at all, but rather by the Chamber of Commerce. He noted it is the right of the petitioner to conduct these meeting with nothing illegal being done.

Ms. Parkhurst opined it is inappropriate that it has not come before the City Council. Mayor Sager countered it is not required for the developer to appear before the City Council as indicated by Ms. Parkhurst. Ms. Parkhurst then opined the City must make sure that new developments are required to follow the process. Mayor Sager acknowledged this project has been frustrating, but stated there was nothing that was done that was not in accordance with the process.

Mayor Sager stated the process will be reviewed, noting the City Council has asked Staff to develop a process allowing for earlier review. He emphasized there was nothing illegal done or processes that were not followed in this matter.

Tom Dougherty, 17601 Streit Road, Harvard, stated development is a long-term plan. He noted the development of Ethereal at its new location, commending them for this project. He talked about his development projects on Benton Street and Catalpa Lane, noting investment in the community are economic and for enjoyment. Mr. Dougherty stated development is how a city grows and prospers, talking about his sale of property to MAC Automation so it may grow. He stated Founder’s Crossing will not work today, but the City will find something that does, noting the value of this property. He stated the long-term impact of whatever is placed there must be considered. He applauded the City for having the fortitude to get to the point to decide what is really wanted there. He advocated for a public entity on the property, stating he would put cash up privately as a business owner for this, opining private funding could be obtained so that a portion of the site remains as community property.

Mayor Sager expressed appreciation for Mr. Dougherty’s investment in the community as well as that of others.

Council Comments

Councilman Tebo stated a responsibility of the City Council is to listen to everything and make a decision when the time comes. He stated he was not given the opportunity to make a decision concerning Founder’s Crossing, noting the e-mails and slurs were unfair. Opining the Council was prepared to make a decision, he talked about the steps he took to make that decision. He stated to characterize the Council as not really doing due diligence is unfair, stating they took this issue very seriously. Councilman Tebo stated he is impressed with the Council members who all were heart-felt in their preparation.

Councilman Tebo stated he has heard many things from the community that they want, opining discussion is needed as a solution cannot be found without a plan.

Mayor Sager stated it has been suggested the City has not sought other proposals, noting the City does not have the right, as it does not own the majority of this land. He noted the land is under contract with the developer and the bank, which is a private agreement between two private parties, so it would be illegal and unethical to try to market the property. He stated if this agreement were not in place and Wintrust wished the City to go out for proposals, the City could engage, but it is private property and the City must abide by the rights of the private owner.

Councilman Turner stated he is encouraged the developer is interested in other locations in the City, noting he found some elements of the proposal to be good and could work well in a different part of the City. He stated he has a great deal of faith in the private sector per Mr. Dougherty’s comments.

Councilman Tuner stated he sees the potential and does not feel this site should just be filled with houses. He stated he believes in the ability to engage multiple developers in partnerships with the landowner to develop something great. He opined they can be told what public spaces are desired as well.

Councilman Turner agreed with Mayor Sager that the contract on the property does not allow the City to work with multiple developers, opining if this were severed it would give the City more opportunity. Stating the landowner has the right to who he sells to, Councilman Tuner noted the City has control over the Special Use Permit, so controls what goes on the property. He expressed his hope the result will be something extraordinary.

Councilman Prindiville stated a Public Planned Urban Development Project could be a good idea, but will come with a cost. He opined residents need to understand what that cost is and must feel this is an acceptable trade off. He agreed with Councilman Tebo that the City should listen to what the public wants, noting the community has changed.

Councilman Prindiville opined one of the attractive things about the Founder’s Crossing project is that it is a market-driven project. He stated a project should have something appropriate for the market that will sell, noting this was such a project and was well-designed.

Councilman Prindiville stated the community must answer the question, “Do they want a market- driven project, or do they want a public-driven project?”

Councilman Turner clarified he does not advocate for a public-driven project.

Councilwoman Piersall stated the members of the public she has spoken with told her what they do not want, but she has not heard what they want. She stated when she asked that question the answers were all over the place, opining removing this tonight doesn’t really say what they want.

Mayor Sager stated a Council workshop session will be held at a later date on what to do with this parcel. He once again reminded everyone this is private property.

IV. PUBLIC HEARING – Annexation Agreement, Zoning Map Amendment to M1 Light Manufacturing District and Variations for property located at 1595 and 2104 S. Eastwood drive.

Mayor Sager noted this is a Public Hearing for the Annexation Agreement, Zoning Map Amendment to M1 Light Manufacturing District and Variations for property located at 1595 and 2104 S. Eastwood Drive, stating it includes four specific items: an ordinance authorizing the execution of an Annexation Agreement, an ordinance annexing the property, an ordinance authorizing a Zoning Map Amendment to M1 Light Manufacturing District, and an ordinance granting variations.

Mayor Sager stated there are portions of the community that are not annexed into the City, but are islands within the community. He noted Staff has been working on talking with the property owners regarding annexation.

In response to a question from Mayor Sager, there were no questions from the Council.

Mayor Sager opened the Public Hearing at 7:40 PM and asked for Public Comment.

In response to a question from David Gutowsky, Mayor Sager stated the City has been in discussions with the property owners who are aware of this annexation and are present this evening.

There was no further Public Comment.

Motion by M. Turner, second by G. Tebo, to close the Public Hearing.

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

The Public Hearing was closed at 7:43 PM.

Motion by M. Turner, second by J. Prindiville, to approve Ordinance 19-O-90, identified as Document 1, An Ordinance Authorizing the Execution of An Annexation Agreement for the Property at 1595 and 2104 S. Eastwood Drive.

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

Motion by M. Turner, second by G. Tebo to extend unanimous approval across the remaining three items including:

Ordinance 19-O-91, identified as Document 2, An Ordinance Annexing the Property at 1595 and 2104 S. Eastwood Drive;

Ordinance 19-O-92, identified as Document 3, An Ordinance Authorizing a Zoning Map Amendment to M1 Light Manufacturing District for 1595 and 2104 S. Eastwood Drive; Ordinance 19-O-93, identified as Document 4, An Ordinance Granting Variations from Section 7A.3, Bulk and Area Standard; 9.12, Required Setbacks; and Section 9.13, Surfacing Requirements of the Unified Development Ordinance at 1595 and 2104 S. Eastwood Drive.

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

V. CONSENT AGENDA

Motion by J. Prindiville, second by L. Lohmeyer, 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 – Request for Video Gaming License for BBQ Smokehouse Inc., 125 E. Calhoun Street, Woodstock by Councilman J. Prindiville

Item D-2 – Ordinance – Special Use Variation, Map Amendment, and Parking Variations – 301 N. Madison – by Councilman J. Prindiville

Item D-3 – Ordinance – Redevelopment Agreement Amendment by Councilman J. Prindiville

In response to a question from Mayor Sager, there were no questions or comments forthcoming from the Public concerning items remaining on the Consent Agenda.

Mayor Sager affirmed the Consent Agenda to include Items A through C and D-4 through D-6.

A. MINUTES OF PREVIOUS MEETINGS

November 5, 2019 City Council Meeting November 5, 2019 City Council Executive Session

B. WARRANTS: #3881 #3882

C. MINUTES AND REPORTS:

Police Pension Board Meeting Minutes July 23, 2019

D. MANAGER’S REPORT NO. 145

4. Resolution – Marengo’s Participation in Enterprise Zone – Approval of Resolution 19-R-18, identified as Document 9, A Resolution Authorizing the Execution of a Non-Binding Letter of Understanding Between the City of Woodstock, City of Marengo, City of Harvard, and the County of McHenry Providing Direction to Prepare an Amendment to the Intergovernmental Agreement which Governs the Harvard/Woodstock Enterprise Zone.

5. Award of Contract – Wastewater Treatment Plant Liquid Alum – Award of contract for the purchase and delivery of liquid alum to the lowest responsible bidder, USALCO Michigan City Plant, LLC, Baltimore, MD at the bid unit price of $305.97 per dry ton for all purchases throughout calendar year 2020.

6. Award of Contract – Wastewater Treatment Plant Sludge Disposal Services –

Award of a contract for Wastewater Treatment Plant Sludge Disposal Services for calendar year 2020 and 2021 to be awarded to Synagro at the bid unit price of $11.95 per cubic yard for dry solids disposal, $0.032 per gallon for liquid solids disposal, and $0.026 per gallon for transportation of liquid solids between the two wastewater treatment plant facilities.

A roll call vote was taken on items A through C and D4 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 – Request for Video Gaming License for BBQ Smokehouse Inc., 125 E. Calhoun Street, Woodstock

Councilman Prindiville stated he is not in favor of extending video gaming so he will not vote for this item.

Mayor Sager stated the City does have a limit on the number of Video Gaming Licenses available in Woodstock, noting this is the last license available under the cap.

Motion by M. Turner, second by W. Piersall, to approve a video gaming license for BBQ Smokehouse Inc., 125 E. Calhoun Street, in the City of Woodstock, contingent upon satisfaction of all City license fees and requirements.

In response to a question from Mayor Sager, there were no comments forthcoming from the Council or the Public.

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

Item D-2 – Ordinance – Special Use Variation, Map Amendment, and Parking Variations, 301 N. Madison

Councilman Prindiville stated he is not supportive of this project. He noted at the Plan Commission meeting regarding this rezoning and variations, some members of the public and neighboring business owners expressed concern about the issue of parking. He stated they also asked why the developer does not clean up the environmental contamination on the site. Councilman Prindiville noted it is his understanding this would cost $250,000 and opined this is less than 5% of the cost of the project. He also expressed a lack of understanding for why this is not being cleaned up, opining it is a small price and would free up land for ground-floor indoor parking or possibly underground parking. He opined this would better utilize the site and better serve the interests of Woodstock.

Mr. Curtis, petitioner, stated the site is not large enough for underground parking with there being insufficient physical space for a drive pattern. Concerning the cost, Mr. Curtis stated all of the pro formas they have done taking everything into consideration put this project into a “no go” with the additional $250,000. He stated the building is already at the high end of the rental market and the return on investment for the project is at the very bottom of returns as an investment. He opined another $250,000 would put the project below any achievable return. He also noted the building would become unsellable if they would desire to sell it in ten years. Mr. Curtis stated to them $250,000 is a tremendous amount of money and makes the project unfeasible.

Addressing the contamination issue, Mr. Billitteri, petitioner, explained the NFR, noting it is issued by the state and allows commercial and industrial uses.

Mr. Billitteri showed a diagram of the site, stating he loves the design and is proud of their plan. He provided additional information as to how he addressed the concerns of the neighbors, including the business owners. He opined it will be a boon to the grocery store. Mr. Billitteri stated he understands the parking concerns, noting parking is available across the street.

Councilman Prindiville opined $250,000 is a tremendous amount along with the incentive the City is giving them. He stated the developers’ comments reassure him that his no vote is the correct vote.

In response to a question from Councilwoman Piersall, Mr. Billitteri stated each new project has a new LLC.

Councilman Turner opined the design is “fantastic,” stating he loves it because of the open area. He stated this is a catalyst to Downtown and evidence of the ability to be financed, which shows development can be brought to Woodstock.

In response to a question from Councilman Tebo, Mr. Billitteri stated he has had appointments with people concerning retail who have looked at the project, but nothing has materialized. He stated the rents are not there for new retail construction, opining in the future it is a possibility if there is a change in the market for higher rents and a demand off the Square. He stated it is open if there is a demand.

Noting his previous no vote, Councilman Flynn commended the developers, expressing his appreciation for their taking time to talk with him about retail. He stated he appreciates their commitment for the future.

Councilwoman Lohmeyer expressed her appreciation for the visual they provided. She opined people close to her age will be interested in this building.

Motion by M. Turner, second by D. Flynn, to approve the following:

Adoption of Ordinance 19-O-94, identified as Document 5, An Ordinance Approving a Map Amendment to B2C Central Business District for the property at 301 North Maison Street; and Adoption of Ordinance 19-O-95, identified as Document 6, An Ordinance Approving a Special Use Permit to allow more than 25 Dwelling Units at 301 North Madison Street; and

Adoption of Ordinance 19-O-96, identified as Document 7, An Ordinance Granting Variations from Sections 9.8, Schedule of Parking Requirement, and Section 9.12, Required Setbacks, of the Unified Development Ordinance at 301 N. Madison Street, Woodstock, Illinois.

In response to a question from Mayor Sager, there were no questions or comments from the Council or the Public.

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

Item D-3 – Ordinance Redevelopment Agreement Amendment

Councilman Prindiville stated he is not supportive of this agreement because the City is gifting the public parking lot, opining there are better alternatives.

Motion by M. Turner, second by W. Piersall, to approve Ordinance 19-O-97, identified as Document 8, 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.

Mayor Sager opened the floor for Public Comment.

Shawn Tillman, 417-419 N. Madison, 100 N. Madison, 201-203 N. Madison, stated giving the parking to the developers is interesting, opining it will impact him. He noted he is a block away from the parking lot, which is of concern to him.

In response to a question as to who will pay for a fire truck tall enough to serve this building, City Manager Stelford stated all fire safety issues must be approved by the Woodstock Fire/Rescue District. Mr. Napolitano stated plans will be forwarded to them for review with a meeting being scheduled to resolve any issues. Mayor Sager noted there is a final approval process with WFRD before this will occur.

Mr. Billitteri stated based upon their experience building other similar buildings, parking will not be a concern, noting the agreement between the City and Aurora University for additional parking as well as on-street parking.

Noting he owns 11 apartments in Woodstock, including in this area, Mr. Tillman described the parking for these and the problems he faces. In response to a question from Councilman Turner, Mr. Tillman stated he does not believe his tenants use the parking lot in question.

Councilman Turner stated while the City does not address individual parking issues, because of the parking available across the street, he is willing to consider this for this particular project.

Mr. Tillman stated it is a beautiful project and opined it will have an impact on parking.

In response to a question from Mayor Sager, Mr. Billitteri clarified how many parking spaces they will use.

In response to a question from Mayor Sager, there were no further comments or questions from the Council or the Public.

A roll call vote was taken. Ayes: D. Flynn, L. Lohmeyer, W. Piersall, G. Tebo, M. Turner, and Mayor B. Sager. Nays: 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 W. Piersall, to adjourn this regular meeting of the Woodstock City Council to the next regular meeting on Tuesday, December 3, 2019 at 7:00 PM in the Council Chambers. 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.

Meeting adjourned at 8:18 PM.

https://www.woodstockil.gov/sites/default/files/fileattachments/city_council/meeting/26531/f_-_city_council_minutes_-_part_1_of_1_-11-19-19_minutes.pdf