Village of Montgomery Board of Trustees met June 12.
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 Absent
Trustee Tom Betsinger Yea
Trustee Dan Gier Yea
Trustee Steve Jungermann Yea
Trustee Doug Marecek Yea
Trustee Theresa Sperling Yea
Village Clerk Debbie Buchanan Yea
Also present: Administrator Jeff Zoephel, Attorney Laura Julien, Director of Community Development Sonya Abt, 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. Recognition of Officer Grimes – 9 Years of Service.
Chief Smith thanked Officer Grimes for his service and congratulated him on his retirement.
B. Public Comments (Two Minute Opportunity).
Calli Yong, president of HSO at Lakewood Creek Elementary, expressed safety concerns, including cars speeding on Lakewood Creek Drive and not stopping for crossing guards. She asked for help such as repainting the yellow lines, more police presence, and ticketing offenders to keep children safe.
John Philipchuck, Attorney for NGH Farms, spoke regarding the petition for annexation of 250 acres west of Orchard Road and a small parcel at the north end that is earmarked for limestone mining and a ready-mix plant. Mining operating would not begin until after improvements to the Orchard Road/Aucutt intersection as that would be the point of ingress/egress. He emphasized the family has run similar operations in neighboring towns for the past 40 years and have always been good neighbors and know how to keep dust and noise down. The mining will be controlled by IDNR.
Various residents spoke regarding the planned annexation. Specific comments included a request for 30’ setbacks, preservation of the creek, residential zoning instead of manufacturing, concerns about traffic, the mining/ready-mix plant and associated dust, water sources, and requesting an environmental study. Brendan Moran, Sugar Grove Fire Chief, said he opposes the TIF District as new development will generate calls for service, but the Fire District will not receive any additional funds.
One resident requested a light at Rt. 30/Creekview Manor, but President Brolley explained that Rt. 30 belongs to IDOT and they control all decisions. The Sugar Grove Township Commissioner spoke in favor of a secondary exit from the subdivision to Griffin Drive but would like a sign saying, “No Trucks.” It was asked if Creekview could connect to Orchard Road or Aucutt instead of Griffin, but Engineer Wallers explained that is not possible due to the floodplain. Sugar Grove Township Clerk Marion Bond reported that the Township supports an IGA for maintenance of Creekview Road once it is extended as part of the development.
President Brolley said he has no plans to annex the subdivision; the Village just wants to provide another exit to make it safer. Currently IDOT’s plans show a full access point at their road, but IDOT could change that, and the Village doesn’t control that. So the Village is trying to provide another way for residents and emergency services to get in and out safely.
President Brolley also addressed mining on the property. He said currently they could get a permit to mine from Kane County, and the Village would rather annex the land and guide the development of the area. The property is subject to flooding and has lots of conditions that prevent development. The TIF report confirms that very little could be developed without the benefit of a TIF District. Eventually all taxing bodies will benefit from the new development in that area, and the Village will try to pay for anything we can for the Fire District from the TIF. He emphasized that the Village is trying to look beyond the immediate and provide a good, controlled development for what the property could be. Engineer Wallers explained that the long-term plan is to use Lake Michigan water, but in the interim, the Village will provide water from its current wells for the new development.
IV. Consent Agenda
A. Minutes of the May 22nd Village Board Meeting.
B. Executive Session Minutes of the May 22nd Village Board Meeting.
C. Accounts Payable through June 12th, 2023 in the Amount of $2,646,346.60.
D. Accounts Receivables for May 2023.
E. Building Report for May 2023.
F. Water Production Report for May 2023.
Trustee Marecek moved to approve Items A-F of the Consent Agenda, seconded by Trustee Betsinger.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
V. Items for Separate Action
A. 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) (Second Reading).
Director Abt related that the petitioner withdrew their request for a fulfillment center and that has been removed from the Annexation Agreement.
Trustee Marecek moved to approve 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) (Second Reading). Trustee Sperling seconded this motion.
6 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea. President Brolley also voting yea.
B. Ordinance 2012 Annexing Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (Second Reading).
Trustee Marecek moved to approve Ordinance 2012 Annexing Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (Second Reading), seconded by Trustee Jungermann.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
C. Ordinance 2013 Rezoning Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (Second Reading).
Director Abt clarified that the 10-year restriction on residential starts upon signing the document.
Trustee Marecek moved to approve Ordinance 2013 Rezoning Property (Approximately 250 Acres North of Route 30 and West of Orchard Road) (Second Reading), seconded by Trustee Sperling.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
D. Ordinance 2014 Granting a Special Use for a Planned Unit Development (NGH, LLC and Five H, LLC) (Second Reading).
Director Abt stated the Special Use for a fulfillment center on Parcel 8 has been removed.
Trustee Jungermann moved to approve Ordinance 2014 Granting a Special Use for a Planned Unit Development (NGH, LLC and Five H, LLC) (Second Reading). seconded by Trustee Marecek.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger, Trustee Gier and Trustee Sperling voting yea.
E. Ordinance 2015 Approving the Blackberry Creek Tax Increment Financing District Redevelopment Plan and Program TIF establish district (Second Reading).
Trustee Gier raised a question about whether Parcel 8 is TIF eligible and whether it could be excluded from the TIF; however, Attorney Julien explained that is not a standalone parcel, it was just labeled that for purposes of zoning. It is actually part of a larger parcel of which the vast majority is floodplain.
Trustee Marecek moved to approve Ordinance 2015 Approving the Blackberry Creek Tax Increment Financing District Redevelopment Plan and Program TIF establish district (Second Reading). Trustee Sperling seconded this motion.
4 Yea. 1 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Sperling and Trustee Jungermann voting yea. Trustee Gier voting no.
F. Ordinance 2016 Designating the Proposed Blackberry Creek Redevelopment Project Area, A Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (Second Reading).
Trustee Marecek moved to approve Ordinance 2016 Designating the Proposed Blackberry Creek Redevelopment Project Area, A Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act (Second Reading). Trustee Jungermann seconded this motion.
4 Yea. 1 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Sperling and Trustee Jungermann voting yea. Trustee Gier voting no.
G. Ordinance 2017 Adopting Tax Increment Allocation Financing for the Blackberry Creek Redevelopment Project Area (Second Reading).
Trustee Marecek moved to approve Ordinance 2017 Adopting Tax Increment Allocation Financing for the Blackberry Creek Redevelopment Project Area (Second Reading). Trustee Sperling seconded this motion.
4 Yea. 1 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Sperling and Trustee Jungermann voting yea. Trustee Gier voting no.
H. Ordinance 2023 Approving a Final Plat of Subdivision - Karis Center for Commerce - Unit 1 Village of Montgomery, Illinois (Waiver of First and Passage on Second Reading).
Director Abt reviewd that the Board approved rezoning and the preliminary plat on the Scheuring property previously. This is the Final Plat for Unit 1, the southern lot. Staff recommends approval with conditions and approval from the Village Engineer.
Trustee Marecek moved to approve Ordinance 2023 Approving a Final Plat of Subdivision - Karis Center for Commerce - Unit 1 Village of Montgomery, Illinois (Waiver of First and Passage on Second Reading). Trustee Sperling seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
I. Ordinance 2024 Granting Final PUD Plan Approval (Karis Acquisitions, LLC - Karis Center for Commerce - South Site) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2024 Granting Final PUD Plan Approval (Karis Acquisitions, LLC - Karis Center for Commerce - South Site) (Waiver of First and Passage on Second Reading). Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
J. Recommendation of the Planning and Zoning Commission on PZC 2023-005 Annexation, Rezoning (upon annexation), and Amendment of the Special Use-Planned Unit Development (Light Road Property).
Director Abt explained this is to annex and rezone a small farm at the south end of the Karis Center property and include it as part of the southern site. A question was raised regarding the BNSF rail crossing on the property. The petitioner’s attorney said the crossing is proposed to be abandoned. Director Wolf noted if that is done there will be no train whistle and no need for a quiet zone.
Trustee Marecek moved to approve Recommendation of the Planning and Zoning Commission on PZC 2023-005 Annexation, Rezoning (upon annexation), and Amendment of the Special Use-Planned Unit Development (Light Road Property). Trustee Sperling seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
K. Ordinance 2018 Annexing Property (5500 Light Road) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2018 Annexing Property (5500 Light Road) (Waiver of First and Passage on Second Reading). Trustee Sperling seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling, and Trustee Jungermann voting yea.
L. Ordinance 2019 Rezoning Property (5500 Light Road) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2019 Rezoning Property (5500 Light Road) (Waiver of First and Passage on Second Reading). Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
M. Ordinance 2020 Amending a Special Use for a Planned Unit Development (Karis Center for Commerce) (Waiver of First and Passage on Second Reading).
Trustee Jungermann moved to approve Ordinance 2020 Amending a Special Use for a Planned Unit Development (Karis Center for Commerce) (Waiver of First and Passage on Second Reading). Trustee Sperling seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger, Trustee Gier and Trustee Sperling voting yea.
N. Recommendation of the Planning and Zoning Commission on PZC 2023-004 Special Use and Variances (Lot 2 of Ogden Hill – Cooper’s Hawk).
Trustee Marecek left the meeting at 8:01 pm. and returned at 8:03 pm. There was a slight delay in the meeting due to technical difficulties. Trustee Betsinger left the meeting at 8:08 pm and returned at 8:10 pm. Lauren Williams, Senior Design Manager, presented a PowerPoint about the company which serves unique dishes and has an extensive wine program. They have a tasting room, a retail program and a retail gift shop. They employ 150 employees with 4,000-5,000 guests per week at each location.
Director Abt explained that staff proposes a creation of a Class T liquor license which would require 50% of revenue from food; this would be from the restaurant as package sales are accounted for separately. This license would authorize wine tastings, restaurant sales and package sales.
Director Abt also stated Cooper’s Hawk is requesting a sales tax rebate. They plan to invest $8 million and create 150 jobs. The rebate would last up to 15 years with a cap of $750,000. The rebate does not include the non-home rule sales tax, and it is projected that over the 15-year period the Village would collect $1.2 million in non-home rule sales tax and approximately $650,000 in regular sales tax. Trustee Betsinger stated he is not in favor of a sales tax incentive because the company is so successful, and he believes such incentives should go to businesses that may not survive without it.
Trustee Marecek moved to approve Recommendation of the Planning and Zoning Commission on PZC 2023-004 Special Use and Variances (Lot 2 of Ogden Hill – Cooper’s Hawk). Trustee Betsinger seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling, and Trustee Jungermann voting yea.
O. Ordinance 2021 Granting a Special Use (Outdoor Dining) and Variations from Sections 8 and 12 of the Village’s Unified Development Ordinance (Lot 2 of Ogden Hill Cooper’s Hawk) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2021 Granting a Special Use (Outdoor Dining) and Variations from Sections 8 and 12 of the Village’s Unified Development Ordinance (Lot 2 of Ogden Hill Cooper’s Hawk) (Waiver of First and Passage on Second Reading). Trustee Jungermann seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
P. Ordinance 2022 Amending Village Code Section 3-7 (Creation of a New Class T Liquor License for a Restaurant with a Wine Club) (Waiver of First and Passage on Second Reading).
Trustee Marecek moved to approve Ordinance 2022 Amending Village Code Section 3-7 (Creation of a New Class T Liquor License for a Restaurant with a Wine Club) (Waiver of First and Passage on Second Reading). Trustee Gier seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Betsinger, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea.
Q. Ordinance 2025 Authorizing an Economic Development Incentive Agreement Between The Village of Montgomery and Cooper’s Hawk Montgomery LLC (Waiver of First and Passage on Second Reading).
Trustee Jungermann moved to approve Ordinance 2025 Authorizing an Economic Development Incentive Agreement Between The Village of Montgomery and Cooper’s Hawk Montgomery LLC (Waiver of First and Passage on Second Reading). Trustee Marecek seconded this motion.
4 Yea. 1 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Gier and Trustee Sperling voting yea. Trustee Betsinger voting no.
R. Professional Services Agreement with Engineering Enterprises Inc. in the amount of $46,986.00 for the Design Engineering for Baseline Road Resurfacing Surface Transportation Program.
Director Wolf stated the Village received a grant from Kane/Kendall Council of Mayors for 2024 and 75% of construction can be paid for by the grant; however, the preliminary design work is the responsibility of the Village. This agreement will allow EEI to perform engineering and design now and allow for the construction to begin in April next year.
Trustee Gier moved to approve a Professional Services Agreement with Engineering Enterprises Inc. in the amount of $46,986.00 for the Design Engineering for Baseline Road Resurfacing Surface Transportation Program. Trustee Marecek seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Jungermann, Trustee Marecek and Trustee Betsinger voting yea.
VI. Items for Discussion
VII. New or Unfinished Business
Trustee Gier announced that the Floral Contest judging will take place Wednesday at 5:30 p.m. He stated the Building Department issued 553 permits in May which took a huge team effort. He asked for an update on the work at Orchard Road and Route 30, and Director Wolf said they anticipate completion around July 4th. They will do diamond grinding to try to fix the bumpy lane and if that doesn’t work, they will have to mill and repave which will extend the completion date.
Trustee Gier questioned why the Village owns some basins and HOAs own some of them. He suggested any basin covered by an SSA should be owned by the Village, not an HOA. President Brolley questioned if there is any benefit other than consistency. Trustee Betsinger suggested staff should bring a recommendation to the Board as to the cost and time it would take to accomplish this.
Trustee Sperling asked about street sweeping and Director Wolf said they are sweeping this week. Trustee Sperling said the post office parking lot is much better, but suggested that the Walgreen’s by Mayfield has a bad parking lot that needs to be repaired.
Trustee Marecek said the Food Truck Festival was fantastic with lots of trucks and great weather. The Montgomery Fire Department pancake breakfast the following day was great and well attended.
Engineer Wallers said that Rotary Club would like to revive street painting on River Street in July. They received submissions from local high school students and propose a modified image of one submitted by an Oswego High School student. President Brolley suggested inviting the artist to a Board Meeting.
VIII. Future Meetings
A. Beautification Committee – Wednesday, June 14, 2023 at 5:30P (Contest Judging).
B. Committee of the Whole – Tuesday, June 20, 2023 at 7:00P.
C. Village Board Meeting – Tuesday, June 26, 2023 at 7:00P.
President Brolley stated the Committee of the Whole and Board Meeting will likely be canceled.
IX. Executive Session
X. Adjournment: 8:50 p.m.
Trustee Jungermann moved to adjourn the Board Meeting. Trustee Marecek seconded this motion.
5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Betsinger, Trustee Gier and Trustee Sperling voting yea.
Jun 12, 2023 — Posted Jun 8, 2023 12:32 PM
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