Woodstock City Council Meeting – September 17, 2024

The Woodstock City Council met at 7:00 p.m. on September 17, 2024, in City Council Chambers with six of seven members present. The agenda included a Hispanic Heritage Month proclamation, public comments, a unanimous consent calendar, a contested solar energy farm special use and variation request, an executive session on real property, and future agenda items.

Proclamation: Hispanic Heritage Month

• Mayor Turner read a proclamation recognizing September 15 through October 15, 2024, as National Hispanic Heritage Month in Woodstock. He thanked Hispanic Connections volunteers Teresa Flores, Arturo Flores, Gabby Ordonias, and Olga Ortiz for their work, including the Mexican Independence Day celebration on the Woodstock Square. The volunteers expressed gratitude for the city's support.

Public Comments & Testimony

• Jean Hervert Neiman, of 958 Terra Court, asked the council to require that the new garbage contract include 35-gallon garbage and recycling toters. She displayed a 35-gallon toter and photographs, stating that 65- and 95-gallon toters are too heavy and difficult to store for seniors and people with physical disabilities, and that Crystal Lake offers three toter sizes. Mayor Turner responded that the city is pushing for a 35-gallon option during negotiations, that the old sticker program is no longer available under the industry's new system, and that additional public sessions are scheduled for September 24 at 6:00 p.m. in council chambers and September 25 at noon virtually.

Consent Calendar

• The council approved the entire consent calendar in a single 6-0 roll call vote. It included:
  • Acceptance of the September 3, 2024, City Council minutes.
  • Warrants #4116 and #4117.
  • Minutes and reports from the Arts Commission, Cultural and Social Awareness Commission, Environmental Commission, Parks & Recreation Commission, the Human Resources monthly report, and the Opera House annual report for FY23/24.
  • Manager's Report No. 256 items: a Historic Landmark designation for the Woodstock Dairy Queen at 310 Washington Street; a resolution supporting an Illinois Transportation Enhancement Program grant application with a $991,116.80 local match; a contract with Thelen Materials LLC for 2024 leaf disposal at $485 per hauled load; contracts totaling $213,084 for Outdoor Lighting Perspective and $35,837 for Vack Inc. plus an estimated $13,800 for electrical work for the downtown square perimeter lighting and wireless mesh network; a holiday lights contract extension not to exceed $61,000 with Associated Electrical Contractors; and an independent contractor agreement with Mark Schuster as Administrative Law Judge.

Discussion Items: Solar Energy Farm – Lily Pond Solar 1, LLC

• The council considered two possible ordinances for a requested variation and special use permit for a 2 MW community solar farm at 3601 Lily Pond Road. The property is about 12.095 acres, zoned partially M1 manufacturing and partially B4 business, and located near Route 14 and Lily Pond Road. A new UDO provision requires a 1,250-foot setback from arterial roads; Route 14 is an arterial road, so the applicant requested a variation from that setback.
• Applicant's attorneys and experts from Quarles & Brady, Generate Capital, Pure Power Engineering, Recon, and United Agrovoltaics argued that all special use and variation criteria are met. They noted that the Plan Commission held public hearings on July 18 and August 15, 2024, no objectors appeared, and the Plan Commission unanimously recommended approval. They also stated that staff recommended denial, and the applicant disputed staff's property-value and comprehensive-plan objections.
• The applicant stated it had previously received a special use permit for the same property, that its extension was denied in fall 2023, and that it had invested more than $2.1 million in design and procurement, over $510,000 in ComEd interconnection costs, and a $209,000 non-refundable collateral payment in the Illinois Shines program. It asserted vested rights in the pre-July zoning ordinance, but applied for the variation to continue review.
• The applicant presented plans and commitments including: a 20-year special use with five 3-year renewal options; a building permit application within 60 days and construction start within 90 days; a seven-foot fence and gravel driveway variations; pollinator-friendly landscaping with screening along Route 14; a decommissioning plan and bond; a $100,000 contribution for public infrastructure or signage; a welcome to Woodstock sign; 25% of the property tax bill paid voluntarily to the city for 10 years; a 10% bill-credit discount for Woodstock residents subscribing to the project; a $1,500 annual scholarship for 10 years; and educational site visits.
• Council members asked about visibility from Route 14 and landscape maturity. The applicant's landscape designer said evergreen and deciduous trees would be planted at about six feet tall and reach screening height over the panels within about five years, while acknowledging that the solar farm would still likely be visible. An audience member asked about the bicycle path along Route 14; staff and the applicant stated the project would not touch the state-owned bike path.
• Councilman Flynn moved approval of the ordinance in Document 3B, approving the variation and special use permit and authorizing negotiation of a development agreement. Councilman Tebow seconded. Councilman Nearman and Councilman Seegers voted no; Councilman Tebow, Councilman Flynn, and Mayor Turner voted yes, along with one additional council member. The motion passed 4-2.

Executive Session

• The council voted unanimously to enter executive session at 8:53 p.m. under Open Meetings Act 5 ILCS 120/2(c)(5) for the purchase of real property. The mayor noted a scrivener's error in the initial document that had cited 2(c)(6). The council reconvened in open session afterward.

Future Agenda Items & Adjournment

• The council reviewed tentative agendas for October 1 and October 15, 2024. Councilman Flynn said he might be absent on October 1, which would move the mobile food trucks item to October 15. Council members also discussed a CHR item that was tentatively scheduled for October 15. The council then adjourned by voice vote.

Key Outcomes

• Consent calendar approved unanimously, 6-0.
• The solar farm variation and special use permit were approved by a 4-2 vote, with the City Manager, City Attorney, and Mayor authorized to finalize a development agreement consistent with council direction; the final agreement would be shared with the council only if a council member believed it was not consistent with that direction.
• The council entered and completed an executive session on real property purchase.
• The next regular meeting was scheduled for October 1, 2024, at 7:00 p.m.