Village of Montgomery 200 N. River Street Village Board Meeting Montgomery, Illinois October 12, Roll Call

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1 Village of Montgomery 200 N. River Street Village Board Meeting Montgomery, Illinois Roll Call Trustee Sperling Yea Trustee Jungermann Yea Trustee Lee Arrived at 7:42 p.m. Trustee Marecek Yea Trustee Heinz Yea Trustee Bond Yea Also present: Administrator Jeff Zoephel, Attorney Steve Andersson, Chief of Police Daniel Meyers, Director of Public Works Todd Hoppenstedt, Director of Finance Justin VanVooren, Director of Community Development Rich Young, Engineer Peter Wallers, Members of the Press and others. Public Participation A. Public Comments (Two Minute Opportunity). John Behnke of the VFW made a presentation to the Montgomery Police Department regarding the Thunder Run that was held on the 13 th of September. He briefly detailed the event as well as where the proceeds are donated. Mr. Behnke closed by presenting a plaque to Chief of Police Dan Meyers and to the Montgomery Police Department in support of Operation Rolling Thunder. President Brolley thanked Mr. Behnke and his colleagues. Linda Olson, 2239 Brentwood, stated her concerns regarding Montgomery Road traffic backups and urged the town to do something regarding that traffic. She also addressed her concerns with the traffic area right outside of her neighborhood during the morning and evening rush hour. She stated that many times it is difficult to turn left out of that subdivision, and would like to see this addressed. She also believes there needs to be crosswalks across Rt. 30 and across Orchard Road. President Brolley stated that the Board also has concerns with the intersection at Rt. 30 and Orchard and continues to address that intersection with IDOT. Ms. Olson asked if crosswalks are in the plans from IDOT. Engineer Peter Wallers stated that IDOT is in Phase I of a study for that corridor and they are also doing an interim study for the intersection. Typically they look at pedestrian crosswalks during those studies. Ms. Olson asked when they would be able to find that out. Engineer Wallers stated that when the Village gets the draft report they can forward that to her as well as share it with Kane and Kendall County. Director Young gave an overview of all five public hearing items. He stated that these are wording adjustments to the Yellow Transportation SSA and with the pending development of the Montgomery Business Center there is a need to set up that SSA. The other three, O Reilly, Speedway and Michels, have just recently been completed and it is a requirement of the Kane County Storm Water Management Ordinance that each property has an SSA in place. President Brolley verified that the levy would be zero, unless the Village has to step in. Director Young stated that would be correct. Tonight is the required public hearing for each of these SSAs.

2 Page 2 of 7 B. Public Hearing on the Expansion of Special Service Area #12 for Yellow Transportation. President Brolley opened the Public Hearing at 7:09 p.m. Attorney Andersson stated that his office received an from the attorney who represents the owners of the Frelk Farm property objecting not to the expansion in terms of the size of the SSA but to the language or the scope that is or could be covered. Attorney Andersson stated that his office will be looking at their objections and will get back to them. Hearing no additional comments, President Brolley closed the Public Hearing at 7:10 p.m. C. Public Hearing on the Amending of Special Service Area #34 for the Montgomery Business Center. President Brolley opened the Public Hearing at 7:10 p.m. Hearing no additional comments, President Brolley closed the Public Hearing at 7:10 p.m. D. Public Hearing on the Establishment of Special Service Area #38 for O Reilly Auto Parts. President Brolley opened the Public Hearing at 7:10 p.m. Hearing no additional comments, President Brolley closed the Public Hearing at 7:11 p.m. E. Public Hearing on the Establishment of Special Service Area #39 for Speedway, LLC. President Brolley opened the Public Hearing at 7:11 p.m. Hearing no additional comments, President Brolley closed the Public Hearing at 7:11 p.m. F. Public Hearing on the Establishment of Special Service Area #40 for Michels Corporation. President Brolley opened the Public Hearing at 7:11 p.m. Mr. Andrew Schmidt of Michels Corporation asked for clarification on what it means to be included in on the SSA. Attorney Andersson stated that SSA is required for storm water maintenance and other generalized property maintenance issues by the Kane County Storm Water Ordinance and by Village Ordinance. Attorney Andersson reviewed with Mr. Schmidt the reason for the SSA as well as the process of the levy with private companies. Mr. Schmidt then clarified that as long as his company maintains the property, the tax levy never happens. Attorney Andersson stated that was correct. Hearing no additional comments, President Brolley closed the Public Hearing at 7:13 p.m. G Audit Presentation by Brian LeFevre from Sikich. Mr. Brian LeFevre, on behalf of Sikich, stated that he will give a summary on the CAFR resulting from the audit with the Village s financial statements of year end April 30, Mr. LeFevre noted the award that the Village received for its CAFR for the 2014 fiscal year from the Government Finance Officers Association and stated it is the 12th year the Village has received that award. For this audit, Mr. LeFevre stated that he is pleased to present an unmodified opinion, which means that the financial statements are presented free of material misstatement and is the highest level of opinion that can be received on the financial statements.

3 Page 3 of 7 He also stated that this year there was a single audit of the federal expenditures of the Village. His company provided an unmodified opinion on internal control over financial reporting and on any laws and regulations that could have a material compact and also an unmodified opinion on the compliance for each major program. Mr. LeFevre stated that overall in regards to the financial condition of the Village, the fund balances remain stable and the Village has a healthy fund balance position. Mr. LeFevre also went over the significant changes that will take place in the financial reporting the following year. On a final note, Mr. LeFevre stated that the audit went very smoothly and according to plan. He stated that staff headed by Director of Finance Justin VanVooren should be commended for their work. President Brolley thanked Mr. LeFevre for presenting the information. Consent Agenda A. Minutes of the Village Board Meeting of September 28, B. Building Report for September C. Accounts Receivable Report for September D. Accounts Payable through October 8, 2015 in the Amount of $585, E. Cancellation of the October 20, 2015 Committee of the Whole Meeting. Trustee Marecek moved to approve items A-E on the Consent Agenda. Trustee Jungermann seconded this motion. 5 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Bond, Trustee Sperling, Trustee Heinz, Trustee Jungermann voting yea. Items for Separate Action There were no items for separate action tonight. Items for Discussion A. Liquor License Fee Survey. Administrator Zoephel gave an update of this item. He stated that the attorneys have updated the Class L license based on the discussion at a prior meeting. Trustee Jungermann clarified that the catering license is the $1500 and then an additional $1250 for the restaurant license. Administrator Zoephel agreed that would be the case if they wanted both. Trustee Jungermann asked what the percentages were for catering as it relates to food and alcohol.

4 Page 4 of 7 Attorney Andersson stated presently there are no percentages for catering in regards to food and alcohol servings. Trustee Marecek clarified that a catering license is for the opportunity for the caterer to serve alcohol at various functions. Attorney Andersson stated that is correct. Trustee Jungermann stated his concerns that the catering license fee is high compared to surrounding communities and stated that he would like to see it lowered to $900-$1000. The Board was in consensus to lower the fee to $1000. Administrator Zoephel will make that adjustment and bring the ordinance back to the Board at a later date. B. Montgomery Road Phase I Discussion of Alternatives for the Montgomery Road S Curve. Engineer Wallers stated that on June 22 nd, Kane County came out and gave a status on the Phase I study for Montgomery Road and specifically for the S curve. Kane County has narrowed the options to two of the five options that were presented. The County requested the Village Board weigh in on the alternatives; however, staff had concerns with both options, particularly regarding the number of properties that the County believes need to be acquired to complete the project on both alternatives. Engineer Wallers stated that they went back to look at other alternatives that may not have such an impact to properties. Engineer Wallers stated that Chief Meyers had indicated concerns with safety on the S curve, particularly in the winter. Staff has been working on the two alternatives to see if anything else can be done to improve the S curve safety and not impact as many residents. Engineer Wallers stated that when they were discussing Alternate 3, they found that by making minor changes to the design they would reduce the number of properties that are impacted. Engineer Wallers stated that in Alternative 1 stated that the staff raised the question of if they need the roundabouts in that alternative. Engineer Wallers stated that either Alternative 1 or 3 can be modified to lessen the impact to the surrounding properties. Engineer Wallers stated that the Phase 1 study will set the table for any actions going forward; therefore, it is important that the Village weighs in on the alternatives as the county moves forward. Trustee Marecek asked if they left the S curve the way that it is, if there is an alternative in which they can cut off Third Street access. Engineer Wallers he would have to look at the accident data to see how many were attributed to that. Trustee Sperling asked if all the property holders were involved in the stakeholder meetings. MEDC Director Charlene Coulombe-Fiore stated that she was at each meeting and that at the last one there were a lot more residents. She also added that every resident was sent something regarding the meetings. Trustee Sperling reiterated that she has concerns that the property owners might not be aware of what is going on. Trustee Jungermann thanked Engineer Wallers for his time and effort and for noticing that displacing residents was a concern the Board has. Trustee Jungermann then echoed Trustee Sperling s concerns

5 Page 5 of 7 for the homeowners and stated that he cannot support any alternative that would put anyone out of their house. Lastly, he stated that these homeowners need to be made aware and be able to have their opinions known. President Brolley asked Engineer Wallers to highlight the project details as well as what would happen if the Board chooses to endorse or to not endorse a plan. Engineer Wallers explained that transportation projects are addressed in a three-phase process. Phase 1 is the study to identify the final geometry, go through all the safety data and come up with the recommendations which sets the table for the second phase. Phase 2 is final design, and they will use the final design report, therefore, depending on how the Village weighs in on the design, it may be in the final design report. Lastly, he stated that Phase 3 is the construction of the project. In this case Phase 1 was a joint effort, where the Village put in money towards the study, and therefore, they are partners with the county. Trustee Lee joined the meeting at 7:42 p.m. Engineer Wallers stated that the County would like to finish their report and based on how the Village weighs in, they will move forward on finishing the report. Engineer Wallers then went into further detail regarding the three step phase with federal funding and briefly went over jurisdictional transfer. Trustee Bond asked about the right of way and the bike path on Alternate 3. Engineer Wallers stated that he can look into that and get back to them. Trustee Bond stated his concerns with both end points where the traffic problems are and where it joins with Douglas and asked if those are a part of the solution. Engineer Wallers stated the study limits are from Hill Avenue to Mill Street. Trustee Bond asked if action on this would improve timing on the other two improvements. Engineer Wallers stated that there are other different priorities that the County has and the Village does have a better chance at going to the next level if they have an approved Phase 1 document. President Brolley expressed concern that if it takes longer for the Village to decide on what they would like to do, it could take longer for other improvements. He reviewed that there is consensus from the Board to not support either alternative. President Brolley stated he and the Board are fully behind the County in improving this intersection. President Brolley stated that he understands concerns about taking homes; however, sometimes that may be the best alternative for the entire community and he also stressed to the Board the importance of making such decisions. President Brolley asked if it would be in the Board s best interest to endorse one of the two alternatives or simply send a letter back to the county stating that the best alternative is the one that takes the least number of homes. Trustee Marecek stated his concerns that if the Board doesn t weigh in, the County could pick any one of the alternatives. He also stated that if they made modifications to alternative three they would be impacting the least number of homes. President Brolley added that money involved could influence decisions that are going to be made by the County in completing this project.

6 Page 6 of 7 Trustee Jungermann stated that if he had to pick one of the alternatives, that he would pick alternative three as it impacts the least number of homes. Trustee Marecek agreed, but would modify three to remove the interim road and move it so that it doesn t impact any homes. President Brolley asked if they are looking for a recommendation tonight, and Engineer Wallers said no. President Brolley requested that Board members think this over for a while and ask questions if need be. Engineer Wallers said he can come back with more specific information. His recommendation is to not vote for one or three the way they are, but to vote for a modified version. He agreed that it is prudent to give this time to distill due to the weighty decision, and echoed President Brolley in that although the Board is not supposed to consider cost when they look at alternatives, the Board does need to have it in the back of their minds. Trustee Bond asked about community development potential for the unimproved land in alternative three that falls in the Village limits. Director Young stated that much of it is in a flood plain and development potential may be limited, but it could be incorporated into a neighborhood plan. President Brolley stated that this will be brought back to a future meeting to discuss. New or Unfinished Business Trustee Marecek stated that the Montgomery Police Department is hosting a Halloween event for kids on Sunday, October 25 th from 10 a.m.-2 p.m. He stated that it is a great event to get kids involved with the police department. President Brolley urged Board members to reach out to residents on Montgomery Road who may be impacted by the improvements to notify them of what is going on with the improvement process. Trustee Lee apologized for being late due to traffic. Future Meetings A. Historic Preservation Commission Monday, October 19, 2015 at 6:30 p.m. B. Committee of the Whole Meeting Tuesday, October 20, 2015 at 7:00 p.m. (Canceled) C. Beautification Committee Wednesday, October 21, 2015 at 6:00 p.m. (Canceled) D. Village Board Meeting Monday, October 26, 2015 at 7:00 p.m. Executive Session 8:03 8:54 p.m. A. To Discuss Collective Negotiating Matters Pursuant to 5 ILCS 120/2 (c)(2). B. To Discuss Litigation Which is Filed and Pending, Pursuant to 5 ILCS 120/2(c)(11).

7 Page 7 of 7 Trustee Bond moved to adjourn to Executive Session to Discuss Collective Negotiating Matters Pursuant to 5 ILCS 120/2 (c)(2) and to Discuss Litigation Which is Filed and Pending, Pursuant to 5 ILCS 120/2(c)(11 Trustee Jungermann seconded the motion. 6 Yea. 0 No. Motion carried. Trustee Bond, Trustee Sperling, Trustee Lee, Trustee Heinz, Trustee Jungermann, Trustee Marecek voting yea. Trustee Heinz left the meeting during Executive Session. Adjournment: 8:55 p.m. Seeking no further business to come before the Board, it was moved by Trustee Jungermann and seconded by Trustee Marecek to adjourn the meeting. 5 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Bond, Trustee Sperling, Trustee Lee voting yea. Trustee Heinz absent. Respectfully submitted, Tiffany Francis Village Clerk

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