City Council

MINUTES WOODSTOCK CITY COUNCIL September 6, 2022 City Council Chambers A regular meeting of the Woodstock City Council was called to order at 7:00 PM on Tuesday, September 6, 2022 in the Council Chambers at Woodstock City Hall by Mayor Turner. 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, Lisa Lohmeyer, Tom Nierman, Wendy Piersall, Bob Seegers, Jr., Gordon Tebo 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, Chief John Lieb, Building and Zoning Director Joe Napolitano, Economic Development Director Garrett Anderson, IT Director Dan McElmeel, Opera House Managing Director Daniel Campbell, Grants Manager Terry Willcockson, and City Clerk Cindy Smiley. City Clerk Smiley confirmed the agenda is a true and correct copy of the published agenda. III. FLOOR DISCUSSION A. Public Hearing – Annexation Agreement – 2020 South Eastwood – Murphy’s Flooring Mayor Turner stated this is a Public Hearing to consider an Annexation Agreement for property located at 2020 South Eastwood Drive. Motion by D. Flynn, second by G. Tebo, to open the Public Hearing. A roll call vote was taken. Ayes: D. Flynn, L. Lohmeyer, T. Nierman, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: none. The Public Hearing was opened at 7:03 PM. Mayor Turner opened the floor for public comment/testimony. There was none forthcoming. Motion by D. Flynn, second by L. Lohmeyer, to close the Public Hearing. Ayes: D. Flynn, L. Lohmeyer, T. Nierman, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: none.Motion carried. The Public Hearing was closed at 7:05 PM.  Woodstock City Council 09/06/22 Page 2 of 8 Motion by W. Piersall, second by D. Flynn, to approve the following: • Ordinance 22-O-41, identified as Document 1, An Ordinance Authorizing the Execution of an Annexation Agreement by and between the City of Woodstock and KNM Land, LLC, for the property at 2020 South Eastwood Drive; and • Ordinance 22-O-42, identified as Document 2, An Ordinance Annexing Certain Territory to the City of Woodstock, McHenry County, Illinois, (2020 South Eastwood Drive); and • Ordinance 22-O-43, identified as Document 3, An Ordinance Approving a Zoning Map Amendment to B3 Service and Retail District, Upon Annexation, at 2020 South Eastwood Drive, Woodstock, Illinois; and • Ordinance 22-O-44, identified as Document 4, An Ordinance Granting Variations from Various Sections of the Unified Development Ordinance at 2020 South Eastwood Drive. In response to a question from Mayor Turner, there were no comments or questions forthcoming from the Public or the City Council regarding the motion. A roll call vote was taken. Ayes: D. Flynn, L. Lohmeyer, T. Nierman, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: none. Motion carried. B. Public Comments There were no comments forthcoming from the Public. C. Council Comments In response to Councilman Tebo’s questions regarding the various construction projects being undertaken by the City, Ms. Betz stated all road projects, including the roundabout, are progressing on time, despite strikes and challenges with some utility relocations. She explained the Dean Street project in more detail, stating it is still anticipated that it will be done by the November deadline. Ms. Betz stated a few streets may have to be pushed to spring, noting she will provide an update. Mr. Christensen stated the Old Courthouse project is running about two or three weeks late, noting it should be completed by mid-April. 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-3 – Ordinance – Performance-Based Property-Improvement Program by Councilwoman Lohmeyer. • Item D-5 – Ordinance – TIF Redevelopment Agreement – Graham Enterprises by Councilwoman Lohmeyer. In response to a question from Mayor Turner, the following questions or comments were forthcoming from the Council or the Public regarding items remaining on the Consent Agenda. Item D-7 – Bid Rejection – Opera House Window Restoration In response to a question from Councilman Tebo for additional information on this item, Mr. Stelford stated as part of the final contract negotiations, Staff became aware of a payment stipulation. He  Woodstock City Council 09/06/22 Page 3 of 8 stated the bids are also being rejected as a result of the City’s recent DCEO grant award, which changed the circumstances for this project. Mr. Christensen confirmed the City had not entered into a contract for the project. There were no Public comments or questions on any items remaining on the Consent Agenda. Mayor Turner affirmed the Consent Agenda to include items A through D-2 D-4, D-6, and D-7, as follows: A. APPROVAL OF CITY COUNCIL MINUTES August 16, 2022 City Council Minutes August 22, 2022 Joint City Council and Plan Commission Special Workshop Minutes B. WARRANTS: 4017 4018 4019 C. MINUTES AND REPORTS Arts Commission Minutes May 2022 Cultural and Social Awareness Commission Minutes May 2022 Economic Development Commission Minutes May 2022 Historic Preservation Commission Minutes May 2022 Police Department Monthly Report July 2022 Opera House Annual Report FY2021/2022 D. MANAGER'S REPORT NO. 210: 1. Ordinance – Liquor Control Code Modifications Approval of Ordinance 22-0-45, identified as Document 5, An Ordinance Amending Section 3.3.6, Classification of Licenses; Number and Fees, of the Woodstock City Code modifying the parameters of Liquor License Classification I. 2. Resolution – Route 47 ITEP Grant Application and Funding Approval of Resolution 22-R-23, identified as Document 6, A Resolution Supporting the Submission and Execution of an Illinois Transportation Enhancement Program (ITEP) Application and Agreement between the City of Woodstock and the Illinois Department of Transportation, requesting funding for IL Route 47 Lighting & Streetscape Improvements. 4. Contract Award – HVAC Maintenance Services Approval to award a contract for preventative maintenance, emergency repair, and routine HVAC services to Sherman Mechanical Inc., Cary, IL based upon the hourly rates and preventative maintenance costs as submitted, and to be made effective on October 1, 2022. 6. Affirmation – Emergency Purchase of 2022 John Deere Loader Affirmation of the emergency purchase of a 2022 John Deere loader from Westside Tractor Sales Co., Rockford, IL for a cost of $179,900 and, pursuant to its Home Rule Authority, affirm the trade-in of a 2009 John Deere loader for an amount of $45,000,  Woodstock City Council 09/06/22 Page 4 of 8 resulting in a net cost of $134,900. 7. Bid Rejection – Opera House Window Restoration Approval to cancel the contract awarded to Thoughtful Craftsmen and rejection of all bids for the Woodstock Opera House Window Restoration Project. A roll call vote was taken. Ayes: D. Flynn, L. Lohmeyer T. Nierman, W. Piersall, B. Seegers, G. Tebo and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: none. Motion carried. Item - D-3 -Ordinance – Performance-Based Property-Improvement Program Councilman Lohmeyer recused herself and left the Council Chambers at 7:15 PM. Mayor Turner noted this item has been long discussed, including pre-dating this Council. He expressed his support of the purpose of this plan and noted the City has refined it to be performance based with the ability to engage only with those landlords with multiple violations over a short period of time. He stated there are no taxes or fees involved, with fines possible for those in violation. Mayor Turner stated this program focuses on enhancing the City, leaving the good landlords to conduct their business as they always have while focusing on the problem situations as they come before Administrative Adjudication. He opined this structure is a laudable step in improving the city. Mr. Stelford expressed appreciation for all involved in developing this program, including City Staff and the City Attorney’s Office, as well as the landlords and realtors in the community who worked with them. In response to a question from Councilman Tebo regarding whether there is or will be a database which will allow the Police or Fire Department to know who lives in a residence to which they are called, Chief Lieb stated there is no such citywide database. Noting he is supportive of the proposed plan, Councilman Tebo stated he also would like to see some way for the Police and Fire Departments to be able to access this information, if needed, as apparently it is not available through the City’s water department records as some people assume. Councilwoman Piersall acknowledged Mr. Napolitano and Mr. Christensen for their work on this program and thanked Mayor Turner and Mr. Stelford also. Councilman Seegers noted the common thread in his conversations with rental property owners that it is not fair to solely focus on rental property, but should also hold businesses and homeowners to the same level of responsibilities. He also thanked Staff for their work on this program and expressed his support for the item before Council this evening. Mayor Turner opened the floor to Public Comment. Neely Erickson, Government Affairs Director, Illinois Realtors addressed the Council on behalf of the 1,200 members of Heartland Realtors. She expressed their appreciation to City Staff and those involved in bringing this program forward to address the frustrations expressed while being mindful of the issues of landlords. She expressed their support for the proposed plan, noting it is  Woodstock City Council 09/06/22 Page 5 of 8 not a revenue generator. She stated good housing providers take care of their properties and tenants, and encouraged the conversations to remain collaborative. There was no further Public comment forthcoming. Motion by W. Piersall, second by D. Flynn to approve Ordinance 22-O-46, identified as Document 7, An Ordinance Amending Title 4, Public Health and Safety, of the Woodstock City Code to Add a New Chapter 13, Performance-Based Property-Management Program. A roll call vote was taken. Ayes: D. Flynn, T. Nierman, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: L. Lohmeyer. Motion carried. Mayor Turner again thanked Mr. Napolitano, City Staff, Ms. Schlossberg, and the landlords and members of the real estate community who worked to make this program happen. Councilwoman Lohmeyer returned to the Council Chambers and rejoined the proceedings at 7:29 PM. Item D-5 – Ordinance – TIF Redevelopment Agreement – Graham Enterprises Councilwoman Lohmeyer thanked the petitioner for his interest in Woodstock. She expressed her concerns about safety, and the location and scope of the project, noting it is a prime location in the community. Stating connectivity and walkability come up frequently within the community, she expressed concern with the sale of alcohol, video gaming, and longer hours and also with the increased traffic in this area and the in and out of the trucks. She stated at this time she does not find this proposal worthy of being incentivized by the City. Councilman Nierman expressed agreement with Councilwoman Lohmeyer’s comments expressing concern with truck parking in the center of town. He stated Council is trying to make the City look better, opining this proposal does not fit. Noting he was initially opposed to this proposal, Councilman Seegers stated after speaking with Staff and visiting the petitioner’s other locations, he is now supportive. He stated he has considered the revenue this would bring to the community, opining if Council does not look at this reasonable proposal, the property could sit empty for years. He stated the economics of this property suggests this development is appropriate. In response to a question from Councilman Seegers, Mr. Stelford stated the plan calls for a package liquor license only. Councilman Seegers noted Woodstock has many businesses that offer package liquor with no concerns. He stated his main concern was with truck traffic, which has been addressed. Councilman Flynn noted when this proposal was first discussed, he was not excited about a truck stop He noted SGA subsequently indicated traffic will only increase and opined the City can put something on this property to take advantage of that. He stated it would be his hope that the quality of this developer’s project would be contagious for other properties to encourage their development. Mayor Turner stated as Council thoughtfully considers this and other requests, many times it must look at a balance and decide individually where the pros and cons lie. He stated initially his view  Woodstock City Council 09/06/22 Page 6 of 8 of a truck stop in Woodstock was negative, but then upon meeting with the developers to get an understanding of and consider all the things they are talking about and visiting their other properties, he became more open-minded. He stated he understands others’ concerns about certain elements and urged everyone to consider the balances when making their decisions. Mr. Stelford noted this project will need assistance from the TIF, stating this would allow for improvements to the street that borders the property, which would help the neighboring businesses, opining the City negotiated a fair agreement. He stated other items, such as zoning and liquor licensing, will come before Council later. Mr. Anderson noted redevelopment of this site has been on the City’s radar for many years, stating the goals will be an expansion of the current gas station, opening up additional development on the site, and improvements to the roadway to the south, which has been keeping new tenants from coming into the development to the south. He stated most of the incentives being considered will go toward the roadway improvements. Ms. Gulli stated her biggest concern when she heard “truck stop” was traffic. She stated in this case, the developers are not talking about large trucking companies, as a truck stop of this size would not be their choice. She stated this facility would cater to smaller fleet vehicles from local businesses, be a help to the neighborhood and serve as a catalyst for the redevelopment of the former Aldi site and the associated outlots. Mayor Turner expressed appreciation for the work Staff has done on this including factually stating things Council should consider. Mr. Anderson introduced petitioners John Graham and Brian Wente, representing Graham Enterprises. Mr. Wente stated Graham Enterprises is a small, 100-year-old family-owned business. He stated the present gas station, which is owned by the petitioner, is dated. Noting there have been questions about the definition of a truck stop, he stated many are 30 to 50 acres in size with overnight parking for large trucks, also providing information on the amount of fuel they dispense. He stated the truck stop facilities developed by the petitioner are 3 to 5 acres in size, describing them further. He stated they do not envision 18-wheelers, but rather the majority of the diesel sales will come from fleets belonging to landscapers, plumbers, etc. He stated they look at safety very carefully, noting they lay out the location of the diesel pumps to the back or side away from the public. Mr. Wente provided examples of other updated locations, including the interior and exterior, noting the nicer finishes that cater to a broad demographic of shoppers. Mr. Graham emphasized they do not wish to have the feel of a truck stop. Noting the energy transformation taking place, he stated Graham Enterprises is looking for a way to compete. He stated they have been in business for a long time and expressed confidence in their capability to create an environment that is good for the community and for their neighbors. Mayor Turner asked Mr. Graham if he understands that it is the City’s expectation to have a high-  Woodstock City Council 09/06/22 Page 7 of 8 quality development on this site. In response, Mr. Graham confirmed he did, stating his wish that his company continue to improve and for the City to have that expectation also. In response to Mayor Turner’s further questioning, Mr. Graham stated he is optimistic their investment will improve this location and will be a catalyst for further development, which is something in which he wishes to be involved. He opined this business will be a complement to many other businesses, not a competitor. He stated building this project will encourage more development, opining something has to happen first and be the anchor. Noting their 100-year history, he stated this is a property asking to be redeveloped. In response to a question from Mayor Turner, Mr. Graham confirmed the petitioner agrees the roadway to the south will be engineered to the City’s specifications with ownership retained by his company, as is the City’s wish. He stated this would be written for the benefit of the City, the properties to the south, and the development. Mayor Turner opined the potential for substantial benefit to the neighboring properties is very important to him. Brief discussion ensued of the amount of diesel estimated to be sold and the pattern to be used to keep the diesel sales away from the general public. Councilman Nierman opined Mr. Graham’s facilities look great. In response to his questions, Mr. Graham confirmed there will be no overnight truck parking. He stated while other of his facilities offer open pour, Mr. Graham stated he is not interested in offering that at this location, but does wish to offer video gaming. Councilman Nierman suggested locating a gas pump in the area of the diesel pumps to allow contractors to fill their gas cans. Councilwoman Piersall noted the need to accommodate the many vehicles traveling Rt. 47 pulling boats. In response to the ensuing discussion, Mr. Stelford noted these items are not being considered this evening, but rather site specifications will be considered in the future. Councilman Tebo expressed his support for development of this site and asked about the addition of charging stations for electric vehicles. Mr. Graham stated these may be considered at some future time when it is viable. In response to a question from Councilwoman Lohmeyer, Mr. Graham stated the facility is planned to be open 24 hours to accommodate people’s needs as they travel on Rt. 47. Councilwoman Lohmeyer expressed her concern of what this could turn into five to ten years down the road to which Mr. Graham stated it is their wish to be a positive influence on the community. Mayor Turner opened the floor for Public comment to which there was none. Mayor Turner expressed his support of the proposal with additional approvals to be considered and discussed at future dates. He stated he is gratified that the petitioner is already in the community and already doing this in other communities. He stated this site is an unattractive gas station with an empty lot next to it and has been such for a long time, opining if there were something better, it would have come before the City. He also stressed what improvement to the road to the south would mean to the property owners to the south. He opined if the City does not take this opportunity, this site will remain undeveloped for years to come. He stated this is the right place at the right time to do this development.  Woodstock City Council 09/06/22 Page 8 of 8 In response to questions from Mayor Turner, there were no further Council or Public comments. Motion by B. Seegers, second by G. Tebo, to approve Ordinance, 22-O-47, 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 Graham Enterprises, Inc. and authorizing the Mayor, City Manager, and City Clerk to execute, deliver and undertake any and all Actions as may be required to implement its terms, subject to final review and approval by the City’s TIF Attorney. A roll call vote was taken. Ayes D. Flynn, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: L. Lohmeyer and T. Nierman. Abstentions: none. Absentees: none. Motion carried. Mayor Turner thanked City Staff for their work on this redevelopment agreement and the petitioner for his willingness to invest in Woodstock. VI. FUTURE AGENDA ITEMS There were no additions, deletions, or corrections to the tentative future Council agendas. ADJOURN Motion by D. Flynn, second by B. Seegers, to adjourn this regular meeting of the Woodstock City Council to its next regular meeting on Tuesday, September 20, 2022, at 7:00 PM in the Council Chambers at Woodstock City Hall. Ayes: D. Flynn, L. Lohmeyer, T. Nierman, W. Piersall, B. Seegers, G. Tebo, and Mayor M. Turner. Nays: none. Abstentions: none. Absentees: none. Motion carried. The meeting was adjourned at 8:16 PM. Respectfully submitted, Cindy Smiley City Clerk