McHenry Times

City of Woodstock City Council met June 6

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 PM on Tuesday, June 6, 2023, in the Council Chambers at Woodstock City Hall. He explained the Consent Calendar process, invited public participation, and noted, as is the City's policy, this meeting is being livestreamed with a recording archived should members of the public wish to view it in the future.

A roll call was taken.

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

COUNCIL MEMBERS ABSENT: None.

STAFF PRESENT: City Manager Roscoe Stelford, City Attorney Ruth Schlossberg, Deputy City Manager/Executive Director of Strategy & Planning Paul Christensen, Executive Director of Business Development Danielle Gulli, Executive Director of Operations Christina Betz, Public Works Director Brent Aymond, Building and Zoning Director Joe Napolitano, Economic Development Director Garrett Anderson, Human Resources Director Deb Schober, Recreation Director Dave Zinnen, Marketing Director Heather Arnold, City Engineer Chris Tiedt, Grant Writer Barb Szul, City Planner Darrell Moore, Economic Development Manager Cathleen Tracy, Marketing Assistant Johnathon Napiorkowski, and City Clerk Cindy Smiley.

OTHERS PRESENT: Retired Grants Manager Terry Willcockson, D200 Assistant Superintendent Justin Smith, D200 Director of Communications Kevin Lyons, CEO - Heartland Realtor Organization Jim Haisler, Heartland Realtor Government Affairs Director Neeley Erickson, President Woodstock Area Chamber of Commerce & Industry Brad Ball, Chairperson Woodstock Area Chamber of Commerce & Industry Arlene Lynes, Chairperson - Cultural & Social Awareness Commission Member Cris Squires and Plan Commission Member Jackie Speciale.

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

III. FLOOR DISCUSSION 

A. Proclamations 

1. Terry Willcockson Retirement 

Mayor Turner stated this proclamation is to honor Woodstock Grants Manager Terry Willcockson for her exceptional career with the City of Woodstock. Noting he has worked with Ms. Willcockson for 18 years, he stated she has had an immeasurable impact on the City, bringing in millions of dollars with her grant writing expertise. Mayor Turner highlighted many of her accomplishments and noted her many personal accomplishments as well.

Without objection, the City Council approved and adopted a Proclamation Honoring Terry Willcockson. Mayor Turner presented the proclamation and a gift to Ms. Willcockson, which was met with hearty applause.

Ms. Willcockson expressed her appreciation to the Mayor and City Council. She talked about her experiences during her 29 years with the City, thanking those who impacted her career.

2. Pride Month 

Mayor Turner stated he is proud to present this proclamation on behalf of the City. He was joined at the podium by Cris Squires and Melissa McMahon representing Woodstock Pride.

Without objection, the City Council approved and adopted a Proclamation Honoring Pride Month June 2023. 

Noting this is the 5th year the City has celebrated Pride Month, Mayor Turner stated Woodstock holds a unique position in the state because of the inclusiveness and values of the City, and the emphasis the Council and the City have put on this. He stated the City was early in recognizing this, acknowledging those involved.

Mayor Turner read the proclamation for all to hear, which was met with hearty applause.

Ms. Squires thanked the Mayor and City Council. She stated Woodstock Pride has now started other programs to create a community where everyone feels safe. She talked about some of the events planned for the upcoming Pride Fest inviting everyone to attend.

B. Presentation

1. Heartland Realtors D200 Universal Design Project Check Presentation 

Mayor Turner was joined at the podium by Jim Heisler and Neeley Erickson of Heartland Realtors and Justin Smith and Kevin Lyons of District 200. He noted the donation presented this evening is from Heartland Realtors for a partnership between the City and D200 for the Universal Design program, which is part of the Building Trades Program.

Mr. Smith spoke about the Universal Design Project, noting its purpose is to help design age-in- place homes, talking about how students will use these concepts to build homes for the future.

Mayor Turner accepted the donation on behalf of the City, which was met with hearty applause.

C. Public Comment 

There were no comments forthcoming from the Public.

D. Council Comment 

Councilwoman Ziemba, speaking on behalf of herself and Councilwoman McMahon, thanked Mr. Stelford and City Staff for providing them with visits and information regarding all City facilities, departments, and functions.

Mayor Turner thanked the Opera House, Department of Public Works, and Police Department for the support they provided for the Memorial Day Ceremony and Parade.

Councilman Tebo thanked and acknowledged Mr. Zinnen and all who organized and helped with the Melissa O'Leary Splash Pad Run.

IV. CONSENT AGENDA 

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

In response to a question from Mayor Turner, the following items were removed from the Consent Agenda at the request of Council or the Public:

• Item D-1 - Ordinance - Die Cast Development Preliminary PUD/Plat by Mayor Turner.

• Item D-2 - Ordinance - Zoning Map Amendment RIB to R3 - Vacant Lots - 703-705 South Street, West Gerry Street,

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

Mayor Turner affirmed the Consent Agenda to include items A through C and D-3 through D-13 as follows:

A. APPROVAL OF CITY COUNCIL MINUTES 

May 16, 2023 City Council Minutes

B. WARRANTS: 4054 4055

C. MINUTES AND REPORTS 

Historic Preservation Commission February 27, 2023

Woodstock Opera House Advisory Commission Minutes May 16, 2023 

Woodstock Police Department Monthly Report April 2023

D. MANAGER'S REPORT NO. 227: 

3. Ordinance - Variation to allow Replacement of Detached Garage - Approval of Ordinance 23-0-31, identified as Document 3, An Ordinance Granting a Variation from UDO Table 7B.1 (Setback Requirements for Accessory Uses & Structures) to Allow the Reconstruction of a Garage Having a Sideyard Setback of 1.3 Feet Instead of the Required 3 Feet at 711 North Seminary Avenue.

4. Ordinance Employee Benefit Agreements - Approval of Ordinance 23-0-32, identified as Document 4, An Ordinance Amending the Woodstock Municipal Code Section 1.A.5.2 Regarding the Purchasing and Contracting Authority of the City Manager by Adding a Paragraph related to Employee Benefit Agreements.

5. Ordinance - Surplus Declaration – Approval of Ordinance 23-0-33, identified as Document 5, An Ordinance Authorizing the Sale or Disposal of Personal Property Owned by the City of Woodstock designating the miscellaneous equipment described in the Staff Report as surplus property, and authorizing and directing the City Manager to dispose of said property as allowed by law.

6. Resolution - PARC Grant - Approval of Resolution 23-R-08, identified as Document 6, A Resolution to Confirm Financial Support of IDNR's PARC Grant Program Application for a Proposed Renovation Project at the Woodstock Recreation Center, providing financial support for a grant application to the Illinois Department of Natural Resources to fund proposed renovations at the Woodstock Recreation Center.

7. Lease Agreement - The 101 Incubator Lease for The Records Department Approval of a lease agreement by and between the Woodstock Courthouse, LLC and The Records Department, and to authorize the City Manager to execute said agreement.

8. Professional Services Agreement - Chamber of Commerce Approval of a Professional Services Agreement, by and between the City of Woodstock and the Woodstock Area Chamber of Commerce & Industry, and to authorize the City Manager to execute said agreement.

9. Contract Award - North Plant & Tappan Lift Station PLC Upgrades - Approval to award a contract utilizing Home Rule authority and the waiving of bids, to Control Services, Inc., Sommers, WI to provide professional services to complete PLC upgrades at the North Wastewater Treatment Plant and the Tappan Street Lift Station for an amount not to exceed $42,000.

10. Contract Award - Sewer Cleaning & Televising FY23/24 – Approval to award a contract extension for the televising and cleaning of sanitary sewer lines to Visu-Sewer of IL, LLC, Bridgeview, IL, in accordance with the unit prices from 2023, as submitted, and not to exceed $105,600.

11. Contract Award - Fleet Purchasing - Public Works Replacement Landscape Maintenance Equipment - Approval to award a contract, utilizing Home Rule Authority and the waiving of bids, to purchase one (1) Kubota F2690 front mount mower and one (1) Exmark LZX921 72-inch zero turn mower from Johnson Tractor, Harvard, IL through the Sourcewell Contract for a total cost of $55,124.17.

12. Contract Award - Public Works Message Boards - Approval to award a contract, utilizing Home Rule authority and the waiving of bids, to purchase two (2) Wanco Mini Three-line Message Boards with hydraulic lift from O'Leary's Contractors Equipment and Supply, Chicago, IL for a total cost to not to exceed $34,200.

13. Contract Award – 2023 Reclamite Application Services - Approval to award a contract, utilizing Home Rule authority and the waiving of bids, to Corrective Asphalt Materials, LLC, South Roxana, IL to apply Reclamite Asphalt Rejuvenator for an amount not to exceed $60,000,with all work being completed at the unit price of $1.03 SY in FY23/24.

There were no questions or comments forthcoming from the Council or the Public on the motion.

A roll call vote was taken. Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none. Abstentions: none. Absentees: None. Motion carried.

D-1 – Ordinance – Die Cast Redevelopment Preliminary PUD/Plat 

Mayor Turner stated the petitioner is present this evening requesting a Special Use Permit (SUP) to allow for a Planned Unit Development (PUD) on the property. He noted they were here previously as part of a preliminary process to choose a developer to move forward in the process.

Mr. Stelford noted this is the beginning of the process with other approvals to come before the City Council in the future. He stated Staff is in negotiations to formulate a development agreement, but tonight's focus is on approving the PUD. Mayor Turner stated this is a preliminary plat with the development agreement being completely separate.

Mr. Anderson stated the preliminary plat is for approval of the site concept and use of the property while the development agreement details the obligations of both parties. He noted another step will come before the Plan Commission and the City Council when the buildings are constructed.

Mayor Turner stated the City Council is the oversight for the direction of what will happen on this parcel. He noted the Plan Commission heard and reviewed this request and made a recommendation with the Petitioner able to bring that to the City Council. He stated the developer must abide by the codes and laws of the City regarding the details of construction. Mayor Turner stated this evening the Council will look at the proposed use and plan.

Steve Sandholtz, representing Chicago Hubs Realty (CHR), presented their petition to the City Council, noting he is one of the partners in the development group.

Mr. Sandholtz stated they have been working on this project for two years, noting how this opportunity came to the group. He stated they feel this is a great opportunity to do a meaningful development that is attainable, noting they have done research and market analyses for this project.

Mr. Sandholtz presented a slide presentation of the proposed development. He gave a general review of the revised project showing changes that have been made to their original presentation as a result of comments from the community and the Plan Commission. He noted the development is proposed to have four buildings with 396 units and 510 parking spaces, which is an increase from the original plan. He stated the development will also include housing for all ages, open space for both public and private use, and retail and commercial uses.

Mr. Sandholtz talked about how the four tenants of Woodstock's Downtown Development Plan were the guiding principles they used to develop this plan. He expressed their belief this plan will contribute to the health and vibrancy of the community as well as creating jobs.

Mr. Sandholtz then described the three components of the development. He described the assisted living/memory care facility, noting what will be included in the facility and how it will be financed, stating how it will contribute to the tax base, which can then be used to support the other parts of the project.

Mr. Sandholtz noted the second component is a senior apartment community for fully independent seniors, describing the amenities the building will have. He provided information on a few changes that were made to the original plan as a result of Plan Commission comments including the addition of a retaining wall along the railroad tracks and additional sound mitigation efforts. In response to a question from Councilman Tebo, he stated they continue to work on parking with Staff, noting it will be available around the building.

Mr. Sandholtz stated the third phase will be a multi-family, mixed use component consisting of two buildings with 146 apartments plus commercial/retail space. Noting the many amenities within these buildings, he stated they have tried to pull in some of the landmark elements of the Downtown in the design of the buildings. He stated much of this is consistent with the plan originally presented to the City Council with more detail added.

Mr. Sandholtz provided additional information on what they have done as a result of the Plan Commission's comments. He stated it is their intent to own and operate these buildings for a very long time and to create something everyone is proud of. In response to Mr. Sandholtz's comments regarding the Commission's concern with people along the tracks, Mayor Turner stated that is not a substantial concern for him, noting people will make their own decision as to whether they wish to live along the tracks. He noted there is a senior living facility along the state highway with no retaining wall, stating if a wall will help with sound and the esthetics, he is supportive of it. He opined there are other higher priority items identified within their presentation, then the proposed retaining wall. Mr. Sandholtz stated there are other functions to the retaining wall, which will allow them to offer more parking.

In response to the Commission's comments regarding inadequate open space and not enough greenery, Mr. Sandholtz noted the extensive landscaping proposed, opining it will provide a lot of open space and greenery.

In response to the Commission's concerns regarding parking, Mr. Sandholtz stated they have added 95 parking spaces by adding one level to the parking structure. He stated if it is determined that this parking is needed, they will work with the City to make this happen, noting it is very expensive. He again reviewed the additional spaces along the retaining wall. In response to a question from Mayor Turner, Mr. Sandholtz agreed this could happen and they are willing to look at this, noting it will require further analysis. It was the consensus of the councilmembers that they are interested in this and worth further analysis.

Mr. Sandholtz stated they have not identified public vs. private parking spaces, but feel there is enough.

With regard to Councilman Tebo's question about whether the parking garage will be built before the Metra lot is gone, Mr. Sandholtz stated the overall schedule has not been entirely worked out with some things not in their control, but that is their intent. Mayor Turner noted the City has an opportunity to guide that. He noted there is also underutilized commuter parking in that area.

In response to a question from Councilman Seegers, Mr. Napolitano confirmed 410 parking spaces are required for this development per code and the petitioner is providing over 100 more than the requirement. Councilman Seegers opined it is important to understand that CHR is providing more parking spots than is required by City Code.

Mr. Sandholtz stated their belief the assisted living facility is very valuable because the residents do not drive. He stated the traffic impact of a 150-unit senior housing building is much lower than other residential buildings. He presented a chart showing the number of trips made by a senior building vs. a residential apartment building. Mr. Sandholtz stated they believe this development responds to the concern about traffic and makes sense for the site as it will allow for a greater density without much impact. He noted it will also have much less impact on the school district. Mr. Sandholtz stated they looked at traffic paths and the impact on Clay and Church Streets, noting it cannot be signalized due to the railroad tracks. He stated when the traffic distribution from the site is looked at, this is a scattered plan with multiple different routes leading to and from the site, and not all traffic leading to that intersection. He opined this plan is about as responsive as one can be to this issue.

Mr. Sandholtz showed photos of landscaping ideas for the area, opining it will be a beautiful area for people to enjoy.

He stated they are taking all engineering issues into consideration and working with Staff. Ms. Betz stated there are some areas Staff wishes to have addressed, but none are major.

Mr. Sandholtz stated it is their wish to communicate to Council, Staff, and the community that they are listening. He noted the reason they are proposing phasing is because there is a significant cost to the parking garage infrastructure, stating they are focusing on things that can be done first, which will then fund the parking garage. He noted they have received a grant award from the County for the first phase of this project and have presented an application for tax credit funds, noting this is a great way to launch the project. Mr. Sandholtz noted the second phase will be the assisted living/memory care facility, stating they have just received the NFR letter from IEPA so can now move forward with their grant application for HUD financing. He opined 12 months from July is a reasonable timetable for receiving this funding. Opining it could be a springtime start for the senior living facility, he noted, when these first two phases come together they can move to the third phase with the parking garage.

Mr. Sandholtz expressed his belief that senior housing is a wonderful use for this site that will bring many people to visit their seniors. He stated, in addition, this is financially viable today which will generate funds for Phase 3, which is the piece the City is most anxious to see. Noting the challenges with Phase 3, he emphasized the support that Phases 1 and 2 will give to allow them to build Phase 3. He expressed their appreciation for the City's choice to work with them.

Mayor Turner expressed his appreciation for the detail provided. He highlighted that CHR will own and operate these facilities and has a track record of doing so elsewhere. He stated this parcel has been empty for multiple decades, noting the City has been looking for a partner to create something impactful and unique with a parking garage that the community has been demanding using TIF financing and the expertise of the partner. He stated things came together at the right time. He opined CHR stood apart as to how their plan relates to the parcel. Mayor Turner noted Smart Growth America stated seniors are looking for this type of development, opining it is exactly the type of place active seniors want to live. He stated he has no concerns with seniors living there.

Councilman Seegers thanked CHR for the way they communicated their presentation and for their willingness to look at investing in Woodstock. He thanked Mayor Turner and Staff for the process they have taken, noting it is complete and thorough.

He stated his primary concern and the reason CHR was chosen is their ability to generate revenue for Phase 3. He stated the priority for him is the viability of the project to get to the finish line. In response to his question regarding performance bonds, Mr. Sandholtz stated they are committed to build out the entire project. Noting they are in negotiations with Staff regarding the use of TIF funds, he stated they are structuring the agreement so if CHR is not capable of starting Phase 3, the TIF funds would be available to someone else to do it.

The floor was opened for Public Comment.

John McNamara, 13 North Street, stated he has been involved in transit-oriented development for 35 years. As representative of the Brownstone residents HOA, he stated they are pleased to support this proposal and urged Council to give it their full endorsement. Mr. McNamara stated CHR is a fantastic partner in working with the community. He talked about the four requests/requirements the HOA residents had, detailing them and providing information on how they were addressed by CHR. He stated this included parking concerns, which they addressed with a great plan that is now even better.

Mr. McNamara opined the urban design package is going to be wonderful, stating the architectural character fits with the Downtown and the Brownstones. He stated they have done many site studies to figure out many of the details.

Mr. McNamara stated the HOA's only concern is traffic circulation. He opined due to the type of residents the peak is spread out. He advocated for a study regarding signalization of the Clay/Rt. 120 intersection and the use of TIF funds to work on Short Street access.

Mr. McNamara stated the HOA strongly endorses this project, noting they have had a strong working relationship with CHR,

Sue Zwierzycki, resident on First Street, asked Council to take a drive on Short Street, opining it must be improved. She stated the neighbors are concerned about parking for El Niagara restaurant, as they do not want to lose this restaurant. She stated neighbors are also concerned about how long it will take to construct the development.

Jackie Speciale, member of the Plan Commission, noted the Commission did not recommend approval. She stated she has since learned a lot of additional information and is now in favor of the proposal. She expressed her belief that this proposal will enhance the community as an age- friendly community and also an income-friendly community, and will make Woodstock more attractive. Ms. Speciale stated she wants Woodstock's seniors to stay here, and this development is a good step. She opined this kind of development will also be an important dining and shopping area and will open up housing to live in homes in Woodstock. She opined having a development like this supports a mixed-income community. She stated, for these reasons she supports the proposal.

As someone deeply involved in volunteerism and a high percentage of seniors volunteer, Ms. Speciale opined the residents of the development will be available for volunteering.

Ms. Speciale stated she has seen this developer go above and beyond to address concerns and feels the burden shouldn't all fall on the developer. She opined this development addresses many needs of the community and supports it.

There was no further Public comment.

Mayor Turner echoed many of the public comments. He stated he has a long list of reasons for why he likes this development. He noted sometimes the democratic process is not smooth and linear. He stated he was surprised it was voted down by the Plan Commission, but opined the beauty of the process is that the plan is now improved and better than it was two years ago and better than the plan that went before the Plan Commission.

Mayor Turner stated this is a good-looking project in a place that needs the development the city has been calling for and opined patience has provided a process to get what the city wants which also demonstrates Council's desire to work with developers. He stated he is an enthusiastic supporter of this plan.

Councilman Tebo opined it is the right time and the right project expressing his support.

Motion by D. Flynn, second by B. Seegers, to approve Ordinance 23-0-34, identified as Document 1, An Ordinance Issuing a Special Use Permit to Allow a Preliminary Planned Unit Development/Preliminary Plat for a Mixed-Use Development on Property Located at the West Side of Clay Street, South of First Street, Woodstock, Illinois.

A roll call vote was taken. Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba and Mayor Turner. Nays: none. Abstentions: none. Absentees: none. Motion carried.

D-2- Ordinance - Zoning Map Amendment R1B to B3 - Vacant Lots 703-705 South Street, West of Gerry Street

Councilman Seegers read a statement in opposition to this zoning request.

In response to a question from Councilman Nierman regarding who will own the lift station the petitioner will be constructing, Mr. Tiedt stated it would have to be privately owned by a property owner or an HOA, noting the City would only take over a larger lift station.

In response to a question from Councilman Nierman, the petitioner, Brady Coleman, stated it is still undetermined whether there would be two or four units in one building and that it also has not been determined if they will be rentals or owner-occupied.

Councilman Nierman queried whether the City should know whether there will be an HOA or not.

Mayor Turner asked whether the lift station issue should be considered prior to rezoning. Ms. Schlossberg stated this would get into engineering and is not related to rezoning. She stated, if approved, the petitioner would have the right to build the building, but would have to work with the engineer and City Staff to meet all standards.

In response to a question from Mayor Turner, Mr. Tiedt stated the City does have some experience with this, noting there are two single-family homes which have and own their own lift stations.

In response to a question from Councilman Nierman, Mr. Coleman stated the approximate cost of the lift station would be $8,000 with maintenance needed every 10 to 20 years.

Noting this is not relevant to zoning, Ms. Schlossberg noted the City has a lot of tools, including the ability to create an HOA. Mr. Moore noted this is not a PUD or a SUP, meaning the City does not have any of those tools. Noting this is a straight rezoning request, he stated the owner would be allowed to proceed subject to the building permit. In response to a question from Mayor Turner regarding the City's ability to manage and make sure the property is maintained, Mr. Moore stated it would be commensurate with that of the neighbors. Ms. Schlossberg opined the City does have tools with private property owners and would have any tools it has with other private property infrastructure.

Councilman Nierman stated he does not feel this is a hardship for the petitioner.

Councilman Tebo stated whoever builds on this site will have to put in their own system, opining it is a moot point.

Mr. Coleman noted over the past five years there were two previous owners who decided not to build. He stated one felt what he wanted to build was not appropriate for the site, opining that what he and his partner are proposing is an appropriate use for the site.

The floor was open to Public comment.

Ms. Gloria Flanagan, 742 W. South Street, noted she lives across the street from the property. She expressed concern about having a multi-family rental in the neighborhood and how it will impact property values. She stated her house is one of the newest on South Street and has a private lift station, which was not a deterrent to her. Ms. Flanagan opined the property in question would support a single-family home and would be appealing to a lot of buyers, urging the Council to oppose the petitioner's rezoning request.

Mr. Coleman stated they had to go through the process of moving the property lines to make the site more buildable, noting as one lot the size of the backyard is extremely restrictive, which would be a hurdle to someone who wants to build a single-family home.

In response to a question from Mayor Turner as to whether the two lots could support two single- family homes, Mr. Coleman stated they struggled with the back lines and the restrictions on their nearness to the structure. He stated people who want a townhouse do not want a big backyard.

In response to a question from Councilman Tebo, it was stated the woods are owned by an investment group who submitted a letter opposing this request.

Ms. Peggy Porter, 895 W. South Street, stated she lives next to the property in question. She stated she had just found out about this today as the notice she received listed the addresses in question as 105 and 107 W. South Street, so she disregarded it.

In response to questions from Mayor Turner, Ms. Betz stated the petitioner is responsible for sending out the notices. Mr. Napolitano stated it was discovered there was a typo in the address, but the Property Indication Numbers (PIN) were correct. Mayor Turner asked City Attorney Schlossberg to consult the City Code and opine if the Plan Commission Public Hearing was properly noticed.

Ms. Porter stated when she found out the property next to her was proposed to be rezoned she was concerned as she loves her home and is concerned about its value. She provided information on the work she has done to her home over the years.

Noting she has had rental property, she opined it is very difficult to make it better as not everyone is interested in taking care of something that isn't theirs, talking about the problems she had.

Ms. Porter expressed concerns about rezoning the property in question to multi-family and also the fact that there is sometimes water on and behind the property. She stated they are opposed to multi-family, but not single-family, as this is an area of single-family homes. She opined this development should be put into the properly zoning area not change the zoning in this area for the development. She asked Council not to change the zoning to multi-family.

Noting Public comments are important, Mayor Turner stated Council is not able to consider owner- occupied vs. rental.

Ms. Schlossberg opined the Public Notice was defective and did not provide adequate notice as the addresses were incorrect. She recommended the Council not vote on this request and instead refer it back to the Plan Commission. In response to a question from Councilman Seegers, Ms. Schlossberg stated this cannot be waived because the Plan Commission already conducted the Public Hearing where at least one of the noticed parties did not attend due to the defective notice. She confirmed that while Councilmembers should not vote, they can provide a sense of where they stand at this time, recognizing that it is not a formal vote and not binding.

Ms. Lori Brown, 702 W. South Street, provided information on what happened in 2009 on the site that she knew to be a marsh. She stated someone was dumping loads of dirt on the site without a permit causing the McHenry County Soil & Water District to become involved to stop it. She expressed concern about what this development would do regarding water in this area.

Noting there is no way to connect to sewer and water, Ms. Brown asked why the developer is being allowed to build there.

Ms. Brown took issue with the statement that only a multi-family residence could be built on the site, noting a previous owner intended to build a single-family home. She noted the neighbors' surprise when they found out a three or four rental unit building was intended to be built.

Noting the developer is also developing the former Goins property on Dean Street, Ms. Brown stated neighboring residents have had to call the City due to lack of mowing and progress on that project.

Ms. Brown talked about the improvements she has made to her home over 25 years believing it would increase in value, opining this development would adversely affect the property value, which concerns her.

Ms. Brown stated she is not in favor of a three- to four-unit rental building being built on this site.

Mr. Brown, 702 W. South Street, stated he does not wish to see a three-unit building across the street from his home.

Mayor Turner opined in light of this evening's discussion, it would be appropriate for the Councilmembers to render their initial opinions to provide guidance to the petitioner and the Staff. He stated he is initially opposed to the zoning change from R1 to R3 based on the initial discussion and criteria.

Councilwoman Ziemba expressed her appreciation to those who spoke this evening, stating she puts great weight on the testimony from members of the public coming before the City Council. She stated she appreciates more time to consider this item because she does not have an opinion at this time.

Councilman Seegers stated he is opposed to this item.

In response to a question from Councilman Tebo, Mr. Napolitano explained how this piece of property came to be with all woods behind it, stating there was a subdivision platted in the 1960s including these two lots and the property to the south. He stated the property to the south was vacated, but not these two lots, explaining this further.

In response to Councilman Tebo's statement questioning why something would be built on this property if it is marshy, Mr. Napolitano stated Staff looked at the County maps for wetlands and flood plain information and none was noted for this site.

Councilman Tebo had no opinion at this time.

Councilman Flynn stated he is opposed to this item.

Councilman Nierman stated he is opposed to this item.

In response to Councilwoman McMahon's question as to the developer's plan if their request for rezoning is not approved, Mr. Coleman stated they have had a few ideas, but none have really been viable. He stated they are open to suggestions. He noted they are the third consecutive owner who has been unable to develop the property.

Councilwoman McMahon had no opinion at this time.

Motion by D. Flynn, second by M. McMahon, to refer Item D-2 -- Ordinance - Zoning Map Amendment R1B to R3 - Vacant Lots - 703 - 705 South Street, West of Gerry Street, identified as Document 2, back to the Plan Commission for action because of jurisdictional issues regarding notification.

Mayor Turner explained to the public that this item must go back to the Plan Commission due to a noticing error. He stated the petitioner can amend the petition, let it die, or bring it back as is. There were no questions on the motion.

A roll call vote was taken. Ayes: Flynn, McMahon, Nierman, Seegers, Tebo, Ziemba, and Mayor Turner. Nays: none. Abstentions: none. Absentees: none. Motion carried.

V. FUTURE AGENDA ITEMS 

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

ADJOURN 

Motion by G. Tebo, second by T. Nierman, to adjourn this regular meeting of the Woodstock City Council to the next regular meeting on Tuesday, June 20, 2023 at 7:00 PM 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 was adjourned at 9:40 PM.

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