East Central Reporter

Village of Montgomery Board of Trustees met March 11.

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 Steve Jungermann Yea Trustee Ben Brzoska Yea Trustee Doug Marecek Yea Trustee Dan Gier Yea Trustee Theresa Sperling Yea

Village Clerk Debbie Buchanan Yea

Also present: Village Administrator Jeff Zoephel, Attorney Laura Julien, Director of Community Development Sonya Abt, Director of Public Works Mark Wolf, Director of Finance Jennifer Milewski, Chief of Police Phil Smith, Engineer Pete Wallers, Engineer Chris Ott, Manager Kristina Nemetz, Manager Patrick Burke, Manager Meghan Ostreko, Members of the Press and guests.

III. Public Participation

A. Recognition of the Montgomery Robotics Team.

Members of the Blockers First Lego Robotics Team from Thompson Junior High described their achievements as Illinois State Champions. They will attend the FIRST Lego Robotics World Competition in Houston, TX, from April 17 to 20. The Montgomery Foundation also presented a $500 check to help fund the team and their travels.

B. River Run Check Recipients.

President Brolley announced recipients of $2,000 donations are Hesed House, Montgomery Rotary Club and the Montgomery VFW.

C. Public Hearing for the Lake Michigan Connection Improvements.

President Brolley opened the Public Hearing at 7:12 p.m. Engineer Ott explained the purpose of the Public Hearing and read a statement about the project. Hearing no comments, the Public Hearing was closed at 7:14 p.m.

D. Public Comment.

Linda Carl, 2461 Mayfield Drive, addressed the Board regarding her mailbox that was knocked down by a plow truck. She got a quote to install a new post with two mailboxes and it will cost over $400. She has a video of the incident and said if the Village broke it, the Village should have to fix it and the current $75 per mailbox is not sufficient.

IV. Consent Agenda

A. Minutes of the February 26th Village Board Meeting.

B. Executive Session Minutes of the February 26th Village Board Meeting.

C. Accounts Payable through March 11th in the Amount of $515,981.07.

D. Account Receivables Report for February 2024.

E. Community Development Monthly Report for February 2024.

F. Water Production Report for February 2024.

Trustee Brzoska moved to approve Items A-F of the Consent Agenda, seconded by Trustee Marecek.

6 Yea. 0 No. Motion carried. Trustee Brzoska, Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann and Trustee Marecek voting yea.

V. Items for Separate Action

A. Recommendation of the Planning and Zoning Commission on PZC 2024-001 Text Amendment to the Unified Development Ordinance.

Director Abt reviewed that these amendments will include provisions for electric vehicle charging and other items. Banner/flag signs would be outlawed.

Trustee Marecek moved to approve Recommendation of the Planning and Zoning Commission on PZC 2024-001 Text Amendment to the Unified Development Ordinance, seconded by Trustee Gier.

6 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.

B. Ordinance 2070 Amending Various Sections of the Village’s Unified Development Ordinance (First Reading).

This will go on the Consent Agenda at a future meeting for Second Reading.

C. Recommendation of the Planning and Zoning Commission on PZC 2024-002 Food Truck Court Text Amendment.

Director Abt summarized that in 2023 some property owners wanted to create food truck courts which were not covered by the UDO, so these were allowed as a Temporary Use. This text amendment creates rules to allow these as a Special Use which would never expire unless it ceases to operate for six months. Board members discussed live music, auxiliary sales, locations, insurance, time limits, and other issues at length. Trustees agreed not to allow live music except with a special event permit, and not to allow additional sales. However, opinions differed on whether to allow this use in the Mill District.

Trustee Marecek moved to approve Recommendation of the Planning and Zoning Commission on PZC 2024-002 Food Truck Court Text Amendment, seconded by Trustee Sperling.

6 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.

D. Ordinance 2071 Amending Various Sections of the Village’s Unified Development Ordinance Relating to Food Trucks (First Reading).

This will be on the next agenda as an Item for Separate Action.

E. Recommendation of the Planning and Zoning Commission on PZC 2024-003 Variance from Section 8.16 (Blain’s Farm and Fleet – 400 US Route 30).

Trustee Marecek left the meeting at 7:59 p.m. Director Abt discussed the building updates that Farm & Fleet would like to do; however, they need a variance because standards have changed since the store was built. They are also requesting a variance for a second sign and other signage. Trustee Marecek returned at 8:02 p.m.

Trustee Sperling moved to approve Recommendation of the Planning and Zoning Commission on PZC 2024-003 Variance from Section 8.16 (Blain’s Farm and Fleet – 400 US Route 30), seconded by Trustee Gier.

6 Yea. 0 No. Motion carried. Trustee Sperling, Trustee Bauman, Trustee Jungermann, Trustee Marecek, Trustee Brzoska and Trustee Gier voting yea.

F. Ordinance 2068 Granting a Variance from Section 8.16 of the Unified Development Ordinance (400 US Route 30 – Blain’s Farm & Fleet) (First Reading).

This will be on the Consent Agenda at the next meeting.

G. Recommendation of the Planning and Zoning Commission on PZC 2024-004 Variance from Section 12.05.11 and Section 13.02 (Blain’s Farm and Fleet – 400 US Route 30).

Trustee Sperling moved to approve Recommendation of the Planning and Zoning Commission on PZC 2024-004 Variance from Section 12.05.11 and Section 13.02 (Blain’s Farm and Fleet – 400 US Route 30), seconded by Trustee Gier.

6 Yea. 0 No. Motion carried. Trustee Sperling, Trustee Bauman, Trustee Jungermann, Trustee Marecek, Trustee Brzoska and Trustee Gier voting yea.

H. Ordinance 2069 Granting Variances from Section 12.05.11 and 13.02 of the Unified Development Ordinance (400 US Route 30 – Blain’s Farm & Fleet) (First Reading).

This will be on the Consent Agenda at the next meeting.

I. Resolution 2024-005 Authorizing the Execution of a Second Addendum to Montgomery Development Fund Downtown Mill District Incentive Conditional Grant Agreement (Gray’s Mill – Phase 1).

Director Abt explained the proposed changes to the grant agreement, which mainly involved using the personal guarantee of the owners instead of a mortgage on the parking lot.

Trustee Gier moved to approve Resolution 2024-005 Authorizing the Execution of a Second Addendum to Montgomery Development Fund Downtown Mill District Incentive Conditional Grant Agreement (Gray’s Mill – Phase 1), seconded by Trustee Jungermann.

5 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann and Trustee Brzoska voting yea. Trustee Marecek voting present.

J. Award of Contract to Winninger Excavating, Inc. in the amount of $2,884,161.35 for the 2024 Water Main Improvement Project.

Engineer Ott reported that this is the third project for watermain replacement and will be in the Blackberry subdivision. There were six bidders; this is the low bidder and is under budget.

Trustee Jungermann moved to approve Award of Contract to Winninger Excavating, Inc. in the amount of $2,884,161.35 for the 2024 Water Main Improvement Project, seconded by Trustee Bauman.

6 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling and Trustee Bauman voting yea.

K. Professional Services Agreement with Engineering Enterprises, Inc. in the Amount of $252,615.00 for Construction Engineering for the 2024 Water Main Replacement Program.

Director Wolf explained this is for EEI to do construction engineering and coordinate with residents and Public Works staff on this project.

Trustee Gier moved to approve a Professional Services Agreement with Engineering Enterprises, Inc. in the Amount of $252,615.00 for Construction Engineering for the 2024 Water Main Replacement Program, seconded by Trustee Sperling.

6 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

L. Approval of the Amendment to the Professional Services Agreement with Engineering Enterprises, Inc. in the amount of an additional $50,000.00 for the Lake Michigan Water Allocation Permit.

Director Wolf reported that additional work was requested from IDNR which EEI completed to help work on the permit to proceed; this amendment is to provide payment for the additional work.

Trustee Gier moved to approve Amendment to the Professional Services Agreement with Engineering Enterprises, Inc. in the amount of an additional $50,000.00 for the Lake Michigan Water Allocation Permit, seconded by Trustee Marecek.

6 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

M. Award of Contract to Cox Landscaping, LLC in the Amount of $134,980.00 for Phase 3 of Montgomery Park Improvements.

Director Wolf said Phases I and 2 are nearly completed. This contract is for Phase 3, the landscaping portion. The total cost should be under the total budgeted amount and will be done before the Fest.

Trustee Jungermann moved to approve Award of Contract to Cox Landscaping, LLC in the Amount of $134,980.00 for Phase 3 of Montgomery Park Improvements, seconded by Trustee Brzoska.

6 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling and Trustee Bauman voting yea.

N. Ordinance 2067 Declaring Personal Property Owned by the Village Surplus and Authorizing its Disposal (Waiver of First and Passage on Second Reading).

Director Wolf said a vehicle was replaced this year instead of next so the Village has this surplus vehicle that will be sold at auction.

Trustee Marecek moved to approve Ordinance 2067 Declaring Personal Property Owned by the Village Surplus and Authorizing its Disposal (Waiver of First and Passage on Second Reading), seconded by Trustee Jungermann.

6 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling, Trustee Bauman and Trustee Jungermann voting yea.

O. Resolution 2024-006 Amending an Agreement to Renew a Contract with Lakeshore Recycling Systems for the Village’s Waste Collection Program.

Director Wolf summarized the proposed new contract that would start August 1, 2024 for a 7-year term. The program would include no cap on the senior program and add a sticker program for yard waste. The Village will educate residents in advance regarding these changes. Stickers will be sold at Village Hall, the Police Department and some local stores. Trustee Gier suggested the frequency of Village bulk brush pickup should be increased in the future once there is a charge for weekly yard waste removal.

Trustee Marecek moved to approve Resolution 2024-006 Amending an Agreement to Renew a Contract with Lakeshore Recycling Systems for the Village’s Waste Collection Program, seconded by Trustee Jungermann.

5 Yea. 1 No. Motion carried. Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling and Trustee Jungermann voting yea. Trustee Bauman voting no.

P. Approval of the Second Escrow Intergovernmental Agreement in the Amount of $6,652,314.00 between The Village of Montgomery, The Village of Oswego, The United City of Yorkville, and The DuPage Water Commission.

Administrator Zoephel explained there was a similar agreement for the first phase of the engineering work; this is for the second phase.

Trustee Gier moved to approve the Second Escrow Intergovernmental Agreement in the Amount of $6,652,314.00 between The Village of Montgomery, The Village of Oswego, The United City of Yorkville, and The DuPage Water Commission, seconded by Trustee Sperling.

6 Yea. 0 No. Motion carried. Trustee Gier, Trustee Sperling, Trustee Bauman, Trustee Jungermann, Trustee Marecek and Trustee Brzoska voting yea.

VI. Items for Discussion

A. Fiscal Year 2025 Budget Discussion – Other Funds.

Director Milewski presented the proposed Special Revenues and Capital Funds for FY2025. She also reviewed TIF 2 projects as well as projects and expenses in the Capital Fund, Infrastructure Improvement Fund and Vehicle Equipment Replacement Fund.

B. Mailbox Policy.

President Brolley stated several residents have questioned this policy, which currently allows a maximum reimbursement of $75 regardless of how a mailbox was damaged. Trustees agreed that if a Village plow strikes a mailbox the Village should reimburse the full cost to fix it unless it was installed incorrectly. Director Wolf said Public Works staff inspect mailboxes in the fall and send out notices for those not in compliance. He estimated perhaps 5-10 mailboxes a year could be struck by a plow. Trustees agreed to increase the reimbursement limit to $200 for mailboxes damaged by thrown snow. Trustee Marecek raised the issue of brick mailboxes, which look great but are against Village Code, so the Village should not be replacing those unless the code is changed. Director Wolf stated brick mailboxes are not allowed due to utilities that run through the right-of-way and the mailboxes would be expensive to place when utility work is done. Staff was asked to review the ordinance and present revisions at a future meeting.

VII. New or Unfinished Business

Trustee Marecek commended the Police Department on the Polar Plunge. They did a great job and raised a lot of money. Trustee Jungermann stated he would like the fine for parking on the street during a snow event to be raised to $100 and be increased to $150 if not paid in seven days. Cars on the street cause difficulty in snow removal and leave the streets a mess. President Brolley stated this will be on the agenda for a future meeting.

VIII. Future Meeting Schedule

A. Beautification Committee Meeting – Wednesday, March 13th 2024 at 6:00P.

B. Board of Fire and Police Commissioners Meeting – Thursday, March 14th 2024 at 9:00A.

C. Historic Preservation Commission Meeting – Monday, March 18th 2024 at 6:30P.

D. Committee of the Whole Meeting – Tuesday, March 19th 2024 at 7:00P. Cancelled.

E. Intergovernmental Committee Meeting – Monday, March 25th at 6:00P – Cancelled.

F. Village Board Meeting – Monday, March 25th at 7:00P.

IX. Executive Session:

X. Adjournment: 9:10 p.m.

Trustee Jungermann moved to adjourn the meeting. Trustee Gier seconded this motion.

6 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Brzoska, Trustee Gier, Trustee Sperling and Trustee Brzoska voting yea.

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