Village of Montgomery Board of Trustees met May 22.
Here are the minutes provided by the board:
I. President Brolley called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance.
II. Roll Call
Trustee Matt Bauman Yea
Trustee Tom Betsinger Absent
Trustee Dan Gier Yea
Trustee Steve Jungermann Yea
Trustee Doug Marecek Yea
Trustee Theresa Sperling Yea
Village Clerk Debbie Buchanan Yea
Also present: Village Administrator Jeff Zoephel, Village Attorney Laura Julien, Director of Community Development Sonya Abt, Village Engineer Peter Wallers, Director of Public Works Mark Wolf, Chief of Police Phil Smith, Communications Manager Kristina Nemetz, Engineer Chris Ott, Members of the Press and guests.
III. Public Participation
A. Proclamation for National Safe Boating Week (May 20 – 26, 2023).
Trustee Jungermann moved to approve the Proclamation, seconded by Trustee Sperling. Motion carried 5-0 by voice vote. Officer Jared Glavin from IDNR was present to receive the Proclamation.
B. Proclamation for Public Works Week (May 21 – 27, 2023).
President Brolley read a letter from Engineering Enterprises praising the work of Montgomery’s Public Works team. Trustee Gier moved to approve the Proclamation, seconded by Trustee Sperling. The motion carried 5-0 by voice vote.
C. Public Hearing for Douglas Road SSA No.45.
President Brolley opened the Public Hearing at 7:11 pm. Hearing no comments, the Public Hearing was closed at 7:12 pm.
D. Public Hearing for Hamman Annexation Agreement.
President Brolley opened the Public Hearing at 7:13 pm. Multiple residents from Blackberry Heights and Creekview Manor subdivisions expressed questions and concerns mainly focusing on the zoning changes, flooding issues, traffic, possible contamination of well water, noise and pollution from mining operations, the secondary access road into the subdivision, public hearing notices, concerns about property values and issues related to the eventual widening of Route 30. Chief Moran from the Sugar Grove Fire Protection District stated that a secondary access into the subdivision is critical for the safety of the residents and the Fire District supports a connection to Griffin Road.
After all comments were heard, President Brolley said answers would be provided during discussion on the various ordinances later in the meeting. He also stated that the Village Board does not intend to annex the Blackberry Heights and Creekview Manor Subdivisions neighborhood or provide city water there.
E. Public Hearing for TIF #4.
President Brolley opened the Public Hearing at 7:36 pm. Mike Hoffman with Teska was present to explain the Redevelopment Plan which covers approximately 250 acres west of Orchard Road including five parcels of land. The key criteria is that it is subject to Chronic flooding and that the redevelopment will help alleviate it. The Joint Review Board met on April 21st and recommended approval of the Redevelopment Plan to the Village Board.
Chief Moran of the Sugar Grove Fire Protection District said he is concerned that if taxes are frozen due to a TIF it will severely impact their budget although call volume will rise due to development. He requested impact fees to help them service this area. President Brolley closed the Public Hearing at 7:46 p.m.
F. Public Comments (Two Minute Opportunity).
Kyle Householder, President of the Blackberry Crossing West HOA, asked questions about the detention basin in his subdivision and specifically regarding mowing. Director Wolf said he will respond to Mr. Householder regarding these questions.
Mark Fitch said he came to ask for help with ordinance violations and left several photos on the podium.
IV. Consent Agenda
A. Minutes of the May 8th Village Board Meeting.
B. Executive Session Minutes of the May 8th Village Board Meeting.
C. Accounts Payable through May 22nd, 2023 in the Amount of $3,158,478.49.
D. Refuse Report for April 2023.
E. Reappointment of Debbie Buchanan to the Historic Preservation Commission.
F. Reappointment of Jeanette Lee to the Historic Preservation Commission.
Trustee Sperling requested an edit to the Executive Session Minutes to indicate that Trustee Sperling recused herself and left the room during the first item in Executive Session.
Trustee Marecek moved to approve Items A-F of the Consent Agenda with Trustee Sperling’s edit. Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.
V. Items for Separate Action
President Brolley stated that Items K and L would be addressed first before proceeding with the rest of the agenda.
K. Review of and Act on Bids for the Ogden Hill Water Storage Tank Cleaning.
Engineer Wallers said staff recommends that the Board reject bids received for this project as they were not competitive, and they will work on another option for the work. He said they can inspect the exterior and be sure there is no problem with the coating since it seems to get dirty quickly.
Trustee Jungermann moved to Reject Bids for the Ogden Hill Water Storage Tank Cleaning. Trustee Marecek seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Gier, Trustee Sperling, and Trustee Bauman voting yea.
L. Review of and Act on Bids for Montgomery Park Improvements.
Director Wolf stated that only one bid was received for this project and it was substantially over budget. Staff recommends the Board reject the bid so staff can revise the strategy and rebid later. The work will not be done before Montgomery Fest this year, but before next year’s Fest. The project may be broken into multiple bids; a revised plan will be brought back to the Board.
Trustee Marecek moved to Reject Bids for Montgomery Park Improvements. Trustee Bauman seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.
A. Ordinance 2010 Establishing SSA No.43 for Central States Bus (30 Baseline Road) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2010 Establishing SSA No.43 for Central States Bus (30 Baseline Road) (Waiver of First and Passage on Second Reading). Trustee Bauman seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.
B. Resolution 2023-014 Authorizing Stationary Food Vendor Licenses.
Director Abt explained that Taco Grill is requesting a new license to operate at 1100 Ogden and has met all requirements. They were originally in front of Menard’s and have moved in front of JC Penney. Trustee Gier stated he objects to the license because the vendor did not follow the correct procedures and operated without a license for several months, and after discussion other Trustees agreed.
Trustee Gier moved to approve Resolution 2023-014 Authorizing Stationary Food Vendor Licenses. Trustee Sperling seconded this motion.
0 Yea. 5 No. Motion failed. Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann and Trustee Marecek voting no.
C. Recommendation of the Planning and Zoning Commission on PZC 2021-010 Annexation, Rezoning upon Annexation, Special Use-Planned Unit Development and Preliminary Plan (Hamman Property).
Attorney Julien explained this is a vote to accept the Plan Commission Report but is not binding.
Trustee Marecek moved to approve Recommendation of the Planning and Zoning Commission on PZC 2021-010 Annexation, Rezoning upon Annexation, Special Use-Planned Unit Development and Preliminary Plan (Hamman Property). Trustee Bauman seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.
D. Ordinance 2011 Authorizing the Execution of An Annexation Agreement Between the Village of Montgomery, NGH Farms, LLC and Five H, LLC (Approximately 250 Acres North of Route 30 and West of Orchard Road) (First Reading).
Director Abt explained the petitioner is requesting to annex and rezone property west of Orchard Road for future commercial and industrial development. She explained the various zonings and Special Uses in the Annexation Agreement. The PZC held a Public Hearing and residents expressed concerns about mining, impact on water, noise and dust, fulfillment center, truck traffic, the extension of Creekview and cut-through traffic, increased flooding, forcible annexation and requiring soundwalls. The PZC discussed concerns and stated they prefer senior housing rather than a fulfillment center on Parcel 8.
Director Abt thoroughly addressed the concerns and questions expressed tonight. President Brolley stated the connection to Creekview is not to benefit the new development, it’s strictly to benefit the residents and help emergency vehicles. Engineer Wallers explained many issues regarding flooding and the high level of scrutiny that will accompany any development in the floodplain. Attorney John Philipchuck provided information regarding the proposed mining operations and said his client is willing to remove the fulfillment center option from the agreement. Engineer Wallers stated any mining activity is regulated by IDNR and would be monitored by the EPA, and also shared information from IDOT’s published Phase I plans for Route 30 widening.
President Brolley requested Director Abt to finalize the agreement for the next Board Meeting with the fulfillment center deleted. Items E-G relate to this same project and were not discussed separately.
E. Ordinance 2012 Annexing Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (First Reading).
F. Ordinance 2013 Rezoning Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (First Reading).
G. Ordinance 2014 Granting a Special Use for a Planned Unit Development (NGH, LLC and Five H, LLC) (First Reading).
H. Ordinance 2015 Approving the Blackberry Creek Tax Increment Financing District Redevelopment Plan and Program TIF establish district (First Reading).
Chief Moran from the Sugar Grove Fire Protection District expressed concern about taxes being frozen if the TIF is approved and requested impact fees for the Fire District as development occurs.
Items I and J also relate to the proposed TIF District and were not discussed separately.
I. Ordinance 2016 Designating the Proposed Blackberry Creek Redevelopment Project Area, A Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (First Reading).
J. Ordinance 2017 Adopting Tax Increment Allocation Financing for the Blackberry Creek Redevelopment Project Area (First Reading).
VI. Items for Discussion
A. Preliminary Discussion of a Proposed Text Amendment to the Unified Development Ordinance.
Director Abt said staff is proposing adjustments to a few things in the UDO. In particular, she asked if the Board would be in favor of increasing the height of accessory units to allow a dwelling unit above a garage. Board members were generally in favor of moving forward and bringing this item back to a future Board Meeting for further consideration.
VII. New or Unfinished Business: None
VIII. Future Meetings
A. Planning and Zoning Commission – Thursday, June 1, 2023 at 7:00P.
B. Village Board Meeting – Monday, June 12, 2023 at 7:00P.
C. Beautification Committee – Wednesday, June 14, 2023 at 6:00P.
D. Committee of the Whole – Tuesday, June 20, 2023 at 7:00P.
E. Village Board Meeting – Tuesday, June 26, 2023 at 7:00P.
IX. Executive Session
A. To Discuss the Purchase or Lease of Real Property, Pursuant to 5 ILCS 120/2(c)(5).
X. Adjournment: 9:56 p.m.
Trustee Jungermann moved to adjourn to Executive Session. Trustee Bauman seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Gier, Trustee Sperling and Trustee Bauman voting yea.
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