THIS MEETING IS BEING RECORDED AND WILL BE AVAILABLE FOR VIEWING ON THE VILLAGE YOUTUBE CHANNEL. AGENDA
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1 Matt Brolley, Village President Penny FitzPatrick, Village Clerk Stan Bond, Trustee Pete Heinz, Trustee Steve Jungermann, Trustee Denny Lee, Trustee Doug Marecek, Trustee Theresa Sperling, Trustee Village Board Meeting Monday, November 26, :00 PM, Village Hall THIS MEETING IS BEING RECORDED AND WILL BE AVAILABLE FOR VIEWING ON THE VILLAGE YOUTUBE CHANNEL. 1. Call to Order AGENDA 2. Pledge of Allegiance 3. Roll Call 4. Public Participation Members of the public are welcome to speak at this time. Please provide the Clerk with your name, address & phone number. A. Public Comments (Two Minute Opportunity). B. Public Hearing for 2018 Tax Levy. C. Public Hearing on the Low-Interest Loan from the IEPA. 5. Consent Agenda A. Minutes of the Village Board Meeting of November 13, B. Executive Session Minutes of November 13, C. Accounts Payable through November 20, 2018 in the Amount of $2,133, D. Village Schedule of Meetings for Items for Separate Action The following items are considered routine business by the Village Board and will be approved in a single vote in the form listed below. A. Ordinance 1823 Establishing Special Service Area No. 41 for Aurora University Spartan Athletic Complex (Waiver of First and Passage on Second Reading). B. Ordinance 1829 Adopting the Tax Levy for 2018 (First Reading). C. Award of a Contract for Leak Detection Survey to M.E. Simpson Company, Inc. in the Amount of $21, D. Ordinance 1835 Amending Section 18 ½ of the Village Code (Tree Ordinance) (First Reading). 7. Items for Discussion The following items are listed for discussion only. No decision or vote will be taken during this meeting. A. Review of Website Redesign. B. Snow and Ice Control Presentation. 8. New or Unfinished Business 200 N. River Street, Montgomery, IL Page 1 of 2
2 Village Board Meeting Agenda Monday, November 26, Future Meetings A. Plan Commission Meeting Thursday, December 6, 2018 at 7:00 p.m. B. Village Board Meeting Monday, December 10, 2018 at 7:00 p.m. C. Beautification Committee Wednesday, December 12, 2018 at 5:30 p.m. (Holiday Decorations Judging) D. Committee of the Whole Tuesday, December 18, 2018 at 7:00 p.m. (May Be Canceled) E. Village Board Meeting Wednesday, December 26, 2018 at 7:00 p.m. (May Be Canceled) 10. Executive Session A. To Discuss the Employment of an Employee Pursuant to 5 ILCS 120/2 (c)(1). 11. Adjournment 200 N. River Street, Montgomery, IL Page 2 of 2
3 Village of Montgomery 200 N. River Street Village Board Meeting Montgomery, Illinois November 13, 2018 President Brolley called the meeting to order at 7:05 p.m. followed by the Pledge of Allegiance. Roll Call Trustee Sperling Yea Trustee Jungermann Yea Trustee Lee Yea Trustee Marecek Yea Trustee Heinz Absent Trustee Bond Absent Also present: Administrator Jeff Zoephel, Attorney Laura Julien, Chief of Police Phil Smith, Engineer Peter Wallers, Director of Finance Justin VanVooren, Director of Community Development Rich Young, Village Clerk Penny Fitzpatrick, Members of the Press and others. Public Participation A. Public Comments. There were no public comments shared. B. Presentation of Checks from River Run. Engineer Wallers shared the 15 th annual Montgomery 5K & 10K River Run took place on October 6, 2018 with over 200 runners in attendance. He thanked the many sponsors for their proceeds, volunteers for their assistance and the Montgomery Public Works and Police Departments for their support with this community event. Engineer Wallers presented donation checks to three local organizations: The Montgomery Rotary Club, Hesed House and Montgomery VFW Post #7452. President Brolley and Engineer Wallers had a photo taken with the group members present and thanked them for their partnership and service to the community. Lauren Jernigan from Hesed House, Jeanette Caul from The Montgomery Rotary Club and Robert Bailey from The Montgomery VFW spoke and thanked them for their donations and support of their organization s initiatives. They each shared how the funds would help to provide a warm place to sleep and food for the hungry, support the veterans relief fund and provide for the Montgomery in Motion street mural repainting project next year. Trustee Marecek thanked Engineer Wallers and Engineering Enterprises, Inc. for all their hard work in organizing and running this community event. Consent Agenda A. Minutes of the Village Board Meeting of October 22, B. Building Report for October C. Accounts Payable through November 6, 2018 in the Amount of $551, D. Cancellation of November 20, 2018 Committee of the Whole Meeting. Trustee Jungermann moved to approve Items A-D on the Consent Agenda. Trustee Marecek seconded this motion. 4 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Sperling and Trustee Lee voting yea. Items for Separate Action A. Resolution Authorizing the Use of 2018 Motor Fuel Tax Funds for Snow Removal Materials. Engineer Wallers noted Resolution authorized the use of 2018 Motor Fuel Tax Funds for snow removal materials, calcium chloride and weather forecasting. He also explained the state bid came in higher than last year s per ton salt pricing. Trustee Jungermann inquired and Engineer Wallers explained the minimum percentage amount of salt
4 Village Board Meeting November 13, 2018 Page 2 of 3 that had to be purchased with the bid. He further noted how much salt was used for snow removal last year, the amount of salt left in storage and the importance of having an adequate amount of salt stored to provide for proper snow removal. Engineer Wallers noted further questions on this issue could be presented to Director Radde at the next meeting. Trustee Marecek moved to approve Resolution Authorizing the Use of 2018 Motor Fuel Tax Funds for Snow Removal Materials. Trustee Lee seconded this motion. 4 Yea. 0 No. Motion carried. Trustee Marecek, Trustee Sperling, Trustee Lee and Trustee Jungermann voting yea. B Tax Levy. Director VanVooren announced the proposed 2018 Tax Levy amount of $2,260,406 for consideration, which included new construction and a 2.1% tax cap percentage. Trustee Jungermann suggested not adopting the minimum approved tax levy amount again this year as the general reserves were better than required. He further thanked all the Village Department Heads for doing an excellent job to find savings in their budgets to help keep taxes as low as possible. Trustee Marecek shared the Village had worked hard not to increase the tax levy over the last six years and President Brolley shared that sales tax had gone up and greatly helped to fund for the roads programs. Trustee Lee inquired and Director VanVooren and Administrator Zoephel explained how the Police Department pensions were funded, handled and exempted in relation to the tax levy cap. Trustee Sperling asked and President Brolley clarified no action was required on this item this evening. Director VanVooren stated this issue would come back for discussion and action at future meetings in November and December. C. Ordinance 1828 Declaring Surplus Property (Waiver of First and Passage on Second Reading). Chief Smith noted Ordinance 1828 declared unused dispatch center equipment to be surplus property. He proposed the items be offered for sale in order to extract any remaining value from them. Trustee Sperling moved to approve Ordinance 1828 Declaring Surplus Property (Waiver of First and Passage on Second Reading). Trustee Jungermann seconded this motion. 4 Yea. 0 No. Motion carried. Trustee Sperling, Trustee Lee, Trustee Jungermann and Trustee Marecek voting yea. Items for Discussion There were no items for discussion. New or Unfinished Business There was no new or unfinished business. Future Meetings A. Beautification Committee Wednesday, November 14, 2018 at 6:00 p.m. B. Committee of the Whole Tuesday, November 20, 2018 at 7:00 p.m. (Canceled) C. Village Board Meeting Monday, November 26, 2018 at 6:00 p.m. Adjourn to Executive Session: 7:27 p.m. A. To Discuss the Employment of an Employee Pursuant to 5 ILCS 120/2 (c)(1).
5 Village Board Meeting November 13, 2018 Page 3 of 3 B. To Discuss the Acquisition of Real Property Pursuant to 5 ILCS 120/2(c)(5). Trustee Jungermann moved to adjourn to Executive Session To Discuss the Employment of an Employee Pursuant to 5 ILCS 120/2 (c)(1). Trustee Marecek seconded this motion. President Brolley noted the Board voted to adjourn to Executive Session and would not be discussing Executive Session Item B. To Discuss the Acquisition of Real Property Pursuant to 5 ILCS 120/2(c)(5). The Board did not return to take any further action in Open Session. 4 Yea. 0 No. Motion carried. Trustee Jungermann, Trustee Marecek, Trustee Sperling and Trustee Lee voting yea. The meeting adjourned at 8:05 p.m. Respectfully submitted, Penny Fitzpatrick Village Clerk
6 Village of Montgomery Bills to be Paid November 26, 2018 FY19 All Departments Amount EEI 90, Mitel 2, Responsive 2, Community Development/Building Department American Planning Association 1, Planning Resources Finance Department/Water Billing Amalgamated 1,784, AT&T Kathleen Field Orr Kendall Printing NeoPost Office Depot PTM Secretary of State Human Resources/Payroll Aflac 1, International Union of Operating Engineers International Union of Operating Engineers 1, Legal Shield Nationwide Provident State Disbursement Unit 1, Police Department Camic Johnson Comcast Mail Finance Miner 1, Morrow Brothers 101, Petty Cash Secretary of State Public Works Department 1st Ayd Buchner Heating CES Cintas
7 Cleansweep 8, Coffman Core & Main Cornerstone Douglas Floor Covering 3, Edmonds Factory Motor Parts Howard Lee & Sons IEPA 114, KCWA Lakeshore Recycling 3, Mailbox Reimbursements Meade Menards Midwest Salt 2, Monroe Truck Pomps 1, Priority Products River View Ford Secretary of State Viking Chemical Village Administrator's Office/Village Hall Mail Finance Grand Total 2,133,188.03
8 VILLAGE OF MONTGOMERY REQUEST FOR BOARD OF TRUSTEES ACTION FOR INCLUSION ON BOARD AGENDA Resolution or Ordinance (Blue) Recommendation of Boards, Commissions & Committees (Green) X Other Business (Pink) To: From: Village President and Board of Trustees Jeff Zoephel, Village Administrator Date: November 19, 2018 B of T Date: November 26, 2018 Subject: 2019 Meeting Schedule Submitted By: Debbie Buchanan, Deputy Clerk Background/Policy Implications: Attached is the proposed meeting schedule for Describe Fiscal Impact/Budget Account Number and Cost: Review: Village Administrator Jeff Zoephel NOTE: All materials must be submitted to and approved by the Village Administrator by 12:00 noon, Thursday, prior to the Agenda distribution.
9 VILLAGE OF MONTGOMERY MEETING SCHEDULE 2018 Village Hall N. River St. Village Board 7:00 p.m. Committee of the Whole 7:00 p.m. Plan Commission 7:00 p.m. Intergovernmental and Community Committee 6:00 p.m. Police Pension 11:00 a.m. (Police Dept.) Beautification Committee 6:00 p.m. Historic Preservation Commission 6:30 p.m. January 14 January 28 February 11 February 25 March 11 March 25 April 8 April 22 May 13 *May 28 June 10 June 24 July 8 July 22 August 12 August 26 September 9 September 23 October 14 October 28 *November 12 November 25 December 9 December 23 January 22 January 3 January 28 January 9 January 9 - February 19 February 7 February 25 - February 13 - March 19 March 7 March 25 - March 13 March 18 April 16 April 4 April 22 April 10 April 10 April 15 May 21 May 2 May 28 - May 8 May 20 June 18 June 6 June 24 - June 12 June 17 July 16 TBD July 22 July 10 July 10 July 15 August 20 August August 14 August 19 September 17 September September 11 September 16 October 22 October 3 October 28 October 9 October 9 October 21 November 19 November November 13 - December 17 December December 11 - Please Note: * (Asterisk) This denotes the normal meeting date was changed due to a holiday. When special Committee meetings become necessary, a Public Notice is posted at the Village Hall a minimum of 48 hours prior to the meeting. Meetings are also posted on the Village website at
10 VILLAGE OF MONTGOMERY REQUEST FOR BOARD OF TRUSTEES ACTION FOR INCLUSION ON BOARD AGENDA X Resolution or Ordinance (Blue) Recommendation of Boards, Commissions & Committees (Green) Other Business (Pink) To: From: Village President and Board of Trustees Jeff Zoephel, Village Administrator Date: September 27, 2018 B of T Date: November 26, 2018 Subject: Ordinance 1823 Establishing Special Service Area No. 41 for Aurora University Spartan Athletic Complex (Waiver of First and Passage on Second Reading) Submitted By: Laura M. Julien, Village Attorney Background/Policy Implications: The attached ordinance establishes SSA #41 for Aurora University Spartan Athletic Complex. This is the third and final step in the process. As you will recall, a proposing ordinance was passed on September 24, 2018, and a public hearing was held with regard to the same. Describe Fiscal Impact/Budget Account Number and Cost: None. Review: Village Administrator Jeff Zoephel NOTE: All materials must be submitted to and approved by the Village Administrator by 12:00 noon, Thursday, prior to the Agenda distribution.
11 VILLAGE OF MONTGOMERY ORDINANCE NO AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NO. 41 (AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX) VILLAGE OF MONTGOMERY KANE AND KENDALL COUNTIES, ILLINOIS PASSED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS 26 TH DAY OF NOVEMBER PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS, THIS 26 TH DAY OF NOVEMBER, 2018.
12 ORDINANCE NO AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NO. 41 (AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX) VILLAGE OF MONTGOMERY KANE AND KENDALL COUNTIES, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, as follows; WHEREAS, the Village of Montgomery is not a home rule municipality within Article VII, Section 6A of the Illinois Constitution, and accordingly, acts pursuant to the powers granted to it under 65 ILCS 5/1-1 et seq.; and, WHEREAS, pursuant to the provisions of the 1970 Constitution of the State of Illinois ( Constitution ), and the Special Service Area Tax Law, 35 ILCS 200/27 et seq., the Village of Montgomery, Kane and Kendall Counties, Illinois ( Village ), is authorized to create special service areas in and for the Village; and WHEREAS, special service areas are established by non-home rule units pursuant to Section 7(6) of Article VII of the Constitution, which provides that [M]unicipalities...which are not home rule units shall have...powers...to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services; and are established in the manner provided by law pursuant to the provisions of AN ACT to provide the manner of levying or imposing taxes for the provision of special services to areas within the boundaries of home rule units and non-home rule municipalities and counties, approved September 21, 1973, as amended, and pursuant to the Revenue Act of 1939 of the State of Illinois, as amended; and WHEREAS, it is in the public interest that the area hereinafter described as a special service area for the purposes set forth herein and to be designated as Special Service Area No. 41 (Aurora University Spartan Athletic Complex), of the Village ( Area ), be established; and WHEREAS, the Area is compact and contiguous, totally within the corporate limits of the Village; and WHEREAS, the Area will benefit specially from the municipal services to be provided by the Village ( Services ), and the Services are unique and in addition to the services provided to the Village as a whole, and it is, therefore, in the best interests of the Village that the establishment of the area be considered; and WHEREAS, it is in the public interest that the levy of a direct annual non-ad valorem tax upon all property within the Area be considered for the purpose of paying the cost of providing the Services; and Page 2 of 10
13 WHEREAS, the revenue from such tax shall be used solely and only for Services for which the Village is authorized under the provisions of the Illinois Municipal Code, as amended, to levy taxes or special assessments or to appropriate the funds of the Village, all of the Services to be in and for the Area and all of the necessary construction and maintenance to be on property now owned or to be acquired by the Village, or property in which the Village will obtain an interest sufficient for the provision of the services; and WHEREAS, a public hearing was held at 7:00 p.m., on the 24th day of September, 2018, in the Village Hall for the Village of Montgomery, Kane County, Illinois ( Hearing ), to consider the establishment of the Area for the purpose of providing the Services and the levy of an additional direct annual non-ad valorem tax for the purpose of paying the cost thereof, all as substantially described in the Notice of Public Hearing attached hereto as Exhibit B (the Notice ); and WHEREAS, the Notice has been given by publication and mailing. Notice by publication was given by publication on a date, such date being not less than 15 days prior to the Hearing, in a newspaper of general circulation within the Village, there being no newspaper published therein. Notice by mailing was given by depositing the Notice in the United States Mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area. The Notice was mailed not less than 10 days prior to the time set for the Hearing. In the event taxes for the last preceding year not paid, the Notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, as follows: SECTION ONE: INCORPORATION OF PREAMBLES The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION TWO: ESTABLISHMENT OF SSA (a) (b) (c) That it is in the public interest that the territory hereinafter described in the Notice referred to in Section One hereof be established as Special Service Area No. 41 for the purposes set forth herein. A legal description of said territory is attached hereto as Exhibit A and an accurate map of said territory is attached hereto as Exhibit A-1. That said Area is compact and contiguous. That said Area is zoned R-3 Traditional Neighborhood Residence District and will benefit specially from the municipal services which may be provided and that said proposed municipal services are unique and in addition to municipal services Page 3 of 10
14 provided by the Village of Montgomery as a whole; and it is, therefore, in the best interest of said Area and the Village of Montgomery as a whole that special taxes be levied against said Area for the services to be provided. (d) That the Village of Montgomery Special Service Area No. 41 be and is hereby established for and with regard to the aforesaid territory. SECTION THREE: PURPOSE OF SSA AND MAXIMUM LEVY The purpose of the Special Service Area No. 41 in general is to authorize the maintenance, repair and replacement of all private roads, streets, parking lot areas, sidewalks, walkways, bike paths, curbing, lighting, neighborhood monument signage or similar markers, and any and all other open spaces within the designated area, as well as to authorize the implementation and continuation of a mosquito abatement program in the Special Service Area. This authorization for maintenance, repair and replacement shall also extend to storm water detention basins, field tiles, drainage swales, Special Management Areas, storm sewer, and related areas and appurtenances, both on and off site. It is further provided that all necessary landscaping, including, but not limited to, mowing, fertilizing, pruning and trimming of trees and bushes, maintenance (including removal and replacement), repair of any berm, and any and all other natural landscaping shall be encompassed within this purpose. The proposed municipal services herein are unique and are in addition to those provided by the Village generally. All actions performed pursuant to this provision shall be completed in accordance with the final engineering plan and final plat of subdivision for the Area, as well as any applicable Village Ordinance and/or State and Federal law. The amount to be levied on the property described in Exhibit A shall be no more than $45, on a non-ad valorem basis annually. Said amount may be increased by up to 5% per annum. Said tax may be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. The Village may annually levy hereunder up to the maximum rate specified herein for the cost of said services, as said services become necessary and are provided for. This tax shall be levied for an indefinite period of time commencing during and in the years subsequent to the date of this Ordinance, as hereinafter provided. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. Notwithstanding the foregoing, taxes shall not be levied hereunder and said Area shall be dormant, and shall take effect only if the applicable owners association or property owner fails to maintain, repair or replace the aforesaid required items and the Village chooses to assume some of all of said responsibilities. The Village shall not activate the Special Service Area unless the Village has given the landowner 30 days prior written notice of the defects complained of (via certified mail) to the property address, and an additional 30 days has thereafter expired in which the responsibilities of the landowner have not been fulfilled (or substantial action has not been taken, if complete compliance would reasonably take more than 30 days). However, the Village may annually levy hereunder up to the maximum rate specified Page 4 of 10
15 herein for the cost for the said services, as said services become necessary and are provided for. SECTION FOUR: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval. SECTION FIVE: That all ordinances or parts of ordinances thereof in conflict therewith are hereby repealed to the extent of any such conflict. SECTION SIX: That any section or provision of this Ordinance that is construed to be invalid or void shall not affect the remaining sections or provisions which shall remain in full force and effect thereafter. PASSED AND APPROVED by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, this day of, Matthew Brolley, President of the Board of Trustees of the Village of Montgomery ATTEST: Penny FitzPatrick Clerk of the Village of Montgomery Aye Nay Absent Abstain Trustee Stan Bond Trustee Doug Maracek Trustee Peter Heinz Trustee Steve Jungermann Trustee Dennis Lee Trustee Theresa Sperling Village President Matt Brolley Page 5 of 10
16 EXHIBIT A SSA 41 AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX LEGAL DESCRIPTION LEGAL DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 20 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 41 MINUTES 29 SECONDS EAST, FEET; THENCE NORTH 00 DEGREES 20 MINUETS 53 SECONDS WEST, 5.00 FEET; THENCE NORTH 88 DEGREES 41 MINUETS 29 SECONDS EAST, FEET TO THE NORTHWEST CORNER OF LOT 1 IN NICKELS COUNTRY SUBDIVISION; THENCE SOUTH 00 DEGREES 00 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF SAID SUBDIVISION, FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 88 DEGREES 41 MINUTES 29 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION AND SAID SUBDIVISION EXTENDED, FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 53 SECONDS EAST, PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 41 MINUTES 51 SECONDS WEST, ALONG SAID SOUTH LINE, FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE POINT OF BEGINNING. ALSO, LOTS 1, 2 AND 3 IN NICKELS COUNTRY SUBDIVISION, ALL IN THE VILLAGE OF MONTGOMERY, KANE COUNTY, ILLINOIS. The approximate location is: The area South and East of the intersection of Jericho Road and Edgelawn Drive in Kane County, Illinois. The Permanent Index Numbers of the properties located within the Area are as follows: Page 6 of 10
17 EXHIBIT A-1 SSA 41 AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX LOCATION MAP Page 7 of 10
18 EXHIBIT B SSA 41 AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX NOTICE OF HEARING NOTICE OF HEARING VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS PROPOSED AMENDMENT TO SPECIAL SERVICE AREA NO. 41 AURORA UNIVERSITY SPARTAN ATHLETIC COMPLEX (KANE COUNTY) NOTICE IS HEREBY GIVEN that on the 24 th day of September, 2018, at 7:00 p.m., in the Village Hall for the Village of Montgomery, Kane and Kendall Counties, Illinois, a hearing will be held by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, to consider the establishment of a Special Service Area No. 41 ( the Area ) consisting of the following described territory: LEGAL DESCRIPTION: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 29; THENCE SOUTH 00 DEGREES 20 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 41 MINUTES 29 SECONDS EAST, FEET; THENCE NORTH 00 DEGREES 20 MINUETS 53 SECONDS WEST, 5.00 FEET; THENCE NORTH 88 DEGREES 41 MINUETS 29 SECONDS EAST, FEET TO THE NORTHWEST CORNER OF LOT 1 IN NICKELS COUNTRY SUBDIVISION; THENCE SOUTH 00 DEGREES 00 MINUTES 15 SECONDS EAST, ALONG THE WEST LINE OF SAID SUBDIVISION, FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 88 DEGREES 41 MINUTES 29 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION AND SAID SUBDIVISION EXTENDED, FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 53 SECONDS EAST, PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 41 MINUTES 51 SECONDS WEST, ALONG SAID SOUTH LINE, FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE POINT OF BEGINNING. ALSO, LOTS 1, 2 AND 3 IN NICKELS COUNTRY SUBDIVISION, ALL IN THE VILLAGE OF MONTGOMERY, KANE COUNTY, ILLINOIS. The approximate location is: The area South and East of the intersection of Jericho Road and Edgelawn Drive in Kane County, Illinois. The Permanent Index Numbers of the properties located within the Area are as follows: Page 8 of 10
19 All interested persons, including all persons owning taxable real property located within the Area, will be given an opportunity to be heard at the hearing regarding the establishment of the Area. The purpose of the Special Service Area No. 41 in general is to authorize the maintenance, repair and replacement of all private roads, streets, parking lot areas, sidewalks, walkways, bike paths, curbing, lighting, neighborhood monument signage or similar markers, and any and all other open spaces within the designated area, as well as to authorize the implementation and continuation of a mosquito abatement program in the Special Service Area. This authorization for maintenance, repair and replacement shall also extend to storm water detention basins, field tiles, drainage swales, Special Management Areas, storm sewer, and related areas and appurtenances, both on and off site. It is further provided that all necessary landscaping, including, but not limited to, mowing, fertilizing, pruning and trimming of trees and bushes, maintenance (including removal and replacement), repair of any berm, and any and all other natural landscaping shall be encompassed within this purpose. The proposed municipal services herein are unique and are in addition to those provided by the Village generally. All actions performed pursuant to this provision shall be completed in accordance with the final engineering plan and final plat of subdivision for the Area, as well as any applicable Village Ordinance and/or State and Federal law. The amount to be levied on the property described in Exhibit A shall be no more than $45, on a non-ad valorem basis annually. Said amount may be increased by up to 5% per annum. Said tax may be levied for an indefinite period of time from and after the date of the Ordinance establishing said Area. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Property Tax Code. The Village may annually levy hereunder up to the maximum rate specified herein for the cost of said services, as said services become necessary and are provided for. At the public hearing, any interested person, including all persons owning taxable property located within the proposed Area, may file with the municipal clerk or county clerk, as the case may be, written objections to and may be heard orally in respect to any issues embodied in this notice. The municipality or county shall hear and determine all protests and objections at the hearing and the hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place it will reconvene. Page 9 of 10
20 If a petition signed by at least fifty-one percent (51%) of the electors residing within the proposed Area and by at least fifty-one (51%) of the owners of record of the land included within the boundaries of the proposed Area is filed with the Village Clerk within sixty (60) days following the final adjournment of the public hearing objecting to the establishment of the Area, no such Area may be established. Dated: this 6th day of September, /s/ Laura M. Julien, Village Attorney for the Village of Montgomery Page 10 of 10
21 REQUEST FOR BOARD OF TRUSTEES ACTION FOR INCLUSION ON BOARD AGENDA X Resolution or Ordinance (Blue) Recommendation of Boards, Commissions & Committees (Green) Other Business (Pink) To: From: Village President and Board of Trustees Jeff Zoephel, Village Administrator Date: November 19, 2018 B of T Date: November 26, 2018 Subject: Ordinance 1829 Adopting the Tax Levy for 2018 (First Reading) Submitted By: Justin VanVooren, Director of Finance Background/Policy Implications: This Ordinance will be filed with the Counties as our requested levy for The proposed tax levy was announced at the November 13, 2018 Board Meeting and notice of the public hearing was published in the November 15, 2018 edition of the Oswego Ledger. The proposed general levy request totals $2,213,918, while the SSA levies total $325,000. Ordinance 1829 Adopting the Tax Levy is attached. It is anticipated that passage of the tax levy ordinance will take place at the December 10, 2018 Board Meeting. Describe Fiscal Impact/Budget Account Number and Cost: The proposed general and SSA levies being requested are $2,213,918 and $325,000, respectively, and will be incorporated into the FY2020 Budget. Review: Village Administrator Jeff Zoephel NOTE: All materials must be submitted to and approved by the Village Administrator by 12:00 noon, Thursday, prior to the Agenda distribution.
22 VILLAGE OF MONTGOMERY, ILLINOIS ORDINANCE NO AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES IN THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS, FOR THE FISCAL YEAR BEGINNING MAY 1, 2019 AND ENDING APRIL 30, BE IT ORDAINED By the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois: That the tax for the following sum of money, or as much thereof as may be authorized by law to defray all expenses and liabilities of the Village of Montgomery be and the same is hereby assessed and levied for the purpose specified upon all taxable property within the corporate limits of said Village of Montgomery for the current fiscal year of said Village of Montgomery commencing May 1, 2019 and ending April 30, GENERAL FUND ELECTED OFFICIALS 185,522 ADMINISTRATION 389,122 FINANCE 513,641 PLANNING AND ZONING/ECONOMIC DEV. 1,093,531 CODE ENFORCEMENT AND INSPECTIONS 348,288 POLICE 5,490,742 PUBLIC WORKS 1,893,817 LEGAL SERVICES 179,500 ENGINEERING SERVICES 225,000 Amount Income From Net Tax Levy Appropriated Other Sources Tax Levy Purpose GENERAL FUND TOTALS 10,319,163 8,105,245 2,213,918 SAID AMOUNTS ARE HEREBY LEVIED: CORPORATE 568,569 ILLINOIS MUNICIPAL RETIREMENT FUND 234,427 POLICE PROTECTION 270,571 POLICE PENSION 595,737 LIABILITY INSURANCE 301,000 SOCIAL SECURITY 243,614 2,213,918 MOTOR FUEL TAX FUND 140, ,750 - NONE MONTGOMERY DEVELOPMENT FUND 181, ,000 - NONE CAPITAL IMPROVEMENT FUND 1,688,643 1,688,643 - NONE LAKEWOOD CREEK PROJECT FUND 60,000 60,000 - NONE INFRASTRUCTURE IMPROVEMENT FUND 5,704,642 5,704,642 - NONE
23 Amount Income From Net Tax Levy Appropriated Other Sources Tax Levy Purpose ROUTE 30 TIF #1 FUND 56,170 56,170 - NONE ORCHARD ROAD TIF #2 FUND 543, ,595 - NONE TIF #3 FUND 38,000 38,000 - NONE DEBT SERVICE FUND 1,659,290 1,659,290 - NONE WATER AND SEWER FUND 9,479,335 9,479,335 - NONE EMPLOYEE INSURANCE FUND 1,347,880 1,347,880 - NONE VEHICLE RESERVE FUND 744, ,710 - NONE REFUSE FUND 1,197,206 1,197,206 - NONE POLICE PENSION FUND 684, ,360 - NONE POLICE GIFT FUND 1,400 1,400 - NONE ARBOR RIDGE SSA FUND (#2) 21,476 (1,524) 23,000 SSA MONTGOMERY CROSSINGS SSA FUND (#3) 67,040 14,040 53,000 SSA FAIRFIELD WAY SSA FUND (#5) 19,732 9,932 9,800 SSA FAIRFIELD WAY SSA FUND (#5A) 29,597 14,897 14,700 SSA FOXMOOR SSA FUND (#6) 68,448 16,448 52,000 SSA BLACKBERRY CROSSING SSA FUND (#7) 20,455 2,455 18,000 SSA FIELDSTONE PLACE SSA (#14) 4,620 1,620 3,000 SSA BALMOREA SSA (#16) 28,956 (6,044) 35,000 SSA MARQUIS POINTE (#18) 11,003 (1,997) 13,000 SSA OGDEN HILL (#19) 18,736 (4,264) 23,000 SSA ORCHARD PRAIRIE NORTH SSA FUND (#20) 31, ,000 SSA SARATOGA SPRINGS SSA FUND (#21) 16,771 (729) 17,500 SSA BLACKBERRY CROSSING WEST SSA (#27) 49,107 17,107 32,000 SSA VILLAGE TOTALS 34,234,045 31,695,127 2,538,918
24 That express reference for greater certainty is hereby made to Ordinance No entitled, "AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING MAY 1, 2018 AND ENDING APRIL 30, 2019 IN THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES and approved by the President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, and thereafter recorded and published according to law, in which said Ordinance the Board of Trustees appropriated such sums of money as are deemed necessary to defray all expenses and liabilities of the Village of Montgomery, Kane and Kendall Counties, Illinois for said fiscal year and in which the objects and purposes for which appropriations are made and the amounts so appropriated for each amount or purpose is so specified. That this Ordinance shall be in full force and effect from and after its passage and approval as required by law. That the Clerk of said Village of Montgomery is hereby authorized and directed to file with the County Clerk of Kane County and the County Clerk of Kendall County, a certified copy of this Ordinance. Passed by the Board of Trustees of the Village of Montgomery, Illinois this 10th day of December, A.D Penny Fitzpatrick Village Clerk Trustee Bond Trustee Heinz Trustee Jungermann Trustee Lee Trustee Marecek Trustee Sperling Aye Nay Absent Abstain Approved, by me as President of the Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, this 10th day of December, A.D Matthew Brolley Village President
25 VILLAGE OF MONTGOMERY REQUEST FOR BOARD OF TRUSTEES ACTION FOR INCLUSION ON BOARD AGENDA Resolution or Ordinance (Blue) Recommendation of Boards, Commissions & Committees (Green) X Other Business (Pink) To: From: Village President and Board of Trustees Jeff Zoephel, Village Administrator Date: November 20, 2018 B of T Date: November 26, 2018 Subject: Award of a Contract for Leak Detection Survey to M.E. Simpson Company, Inc. in the Amount of $21, Submitted By: Rick Radde, Director of Public Works Background/Policy Implications: On September 14, 2018 the Public Works Department placed an ad in in our local paper (Chicago Tribune, Aurora Beacon) soliciting proposals for a Village-wide leak detection survey. We received two proposals, from M.E. Simpson and ACE Pipe Cleaning. After reviewing the proposals and receiving feedback from the Village Attorney, it was determined that ACE Pipe Cleaning did not meet our specifications. We had asked for contact information for three similar projects of conducting leak detection services for municipalities but they only provided one. M.E. Simpson has worked with the Village on several water-related projects in the past and they are our current vendor for emergency leak detection for water main breaks. Staff recommends that we move forward with awarding M.E. Simpson a contract to provide a Village-wide leak detection survey in the amount of $21, Describe Fiscal Impact/Budget Account Number and Cost: Budget # $22, Amount of Award: $21, for Village Wide Leak Detection (Lump Sum Review: Village Administrator Jeff Zoephel NOTE: All materials must be submitted to and approved by the Village Administrator by 12:00 noon, Thursday, prior to the Agenda distribution.
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38 VILLAGE OF MONTGOMERY REQUEST FOR BOARD OF TRUSTEES ACTION FOR INCLUSION ON BOARD AGENDA _X Resolution or Ordinance (Blue) Recommendation of Boards, Commissions & Committees (Green) Other Business (Pink) To: From: Village President and Board of Trustees Jeff Zoephel, Village Administrator Date: November 20, 2018 B of T Date: November 26, 2018 Subject: Ordinance 1835 Amending Section 18 ½ of the Village Code (Tree Ordinance) (First Reading) Submitted By: Rick Radde, Director of Public Works Background/Policy Implications: The amending of the Village Code is required based on feedback from the Morton Arboretum and Tree City U.S.A (Arbor Day Foundation) that our current ordinance is lacking in language referring to tree protection and management. These amendments are required to satisfy the criteria needed to qualify for Tree City U.S.A. recognition and the Tree Grant we have been awarded. This is the first reading pending review from the Morton Arboretum. Attached is the redline version showing the changes, additions and subtractions to the ordinance. Describe Fiscal Impact/Budget Account Number and Cost: Review: Village Administrator Jeff Zoephel NOTE: All materials must be submitted to and approved by the Village Administrator by 12:00 noon, Thursday, prior to the Agenda distribution.
39 VILLAGE OF MONTGOMERY ORDINANCE NO AN ORDINANCE AMENDING SECTION 18 ½ OF THE VILLAGE CODE OF THE VILLAGE OF MONTGOMERY, ILLINOIS PASSED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS 10 TH DAY OF DECEMBER, 2018 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS THIS 10 TH DAY OF DECEMBER, 2018.
40 ORDINANCE NO AN ORDINANCE CREATING ADESIGNATING TREE BOARD MANAGEMENT FOR THE VILLAGE OF MONTGOMERY; AND REGULATING THE PLANTING, MAINTENANCE, PROTECTION, AND REMOVAL OF TREES, SHRUBS AND OTHER PLANTS. AN ORDINANCE AMENDING SECTION 18 ½ OF THE VILLAGE CODE OF THE VILLAGE OF MONTGOMERY, ILLINOIS BE IT ORDAINED by the Village President and Board of Trustees of the Village of Montgomery, Kane and Kendall Counties, Illinois, as follows: WHEREAS, the Village of Montgomery ( Village ) is not a home rule municipality within Article VII, Section 6A of the 1970 Constitution of the State of Illinois, and accordingly, acts pursuant to those powers granted to it under 65 ILCS 5/1-1 et seq.; and, WHEREAS, Chapter 18 ½ of the Village of Montgomery Village Code contains certain provisions pertaining to trees and shrubbery, and specifically, provisions providing for the planting, maintainence, protection, and removal of trees, shrubs, and other plants, and the designation of individuals to oversee and effectuate said provisions; and, WHEREAS, tthe Village of Montgomery deems it to be in the best interest of the Village its citizens to update and amend certain provisions of Section 18 ½ ( Vegetation ) Article II ( Trees and Shrubbery ) to update said ordinance in accordance with the foregoing.- establish a Tree Boarddesignate The Village Arborist and/or Director of Public Works for regulating the planting, maintenance, and removal of trees, shrubs, and other plants: NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MONTGOMERY, KANE AND KENDALL COUNTIES, ILLINOIS AS FOLLOWS: SECTION ONE: Amendment to Certain Provisions of Chapter 18 ½ of the Village of Montgomery, Illinois, Village Code of Ordinances The Village of Montgomery Village Code of Ordinances Chapter 18 ½ (Vegitation) Article II (Trees and Shrubbery) is hereby amended to read as follows, with all remaining provisions not modified herein to remain in full force and effect: Section 18 ½-21 shall be repealed in its entirety and replaced with the following: Section 18 ½ Definitions. As used within this chapter, the following terms shall have the meaning set forth below:
41 (a) Village-owned propertyty. Property within the corporate village limits of Montgomery, Illinois, and 1) owned by the village in fee simple absolute, or 2) implicitly or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic. (b) B) Property owner. The owner of the record of any parcel of land. (c) C) Trees and shrubs. All vegetation, woody or otherwise except lawn grass and flowers less than 24 inches in Height. Section 18 ½-22 shall be repealed in its entirety and shall be indicated as Reserved. Section 1 2. The Village of Montgomery Tree Board; Establishment, composition, appointment of members, duties. There is hereby established and created in the Village of Montgomery a Tree Board, which shall be composed of 3 members as follows: Examples: 1) Members of the public interested in trees as a major component of the Village s physical and aesthetic environment; or 2) Arborist, ornamental horticulturists, nursery workers and landscape architects and designers, or those with a technical background in a related field; or 3) Related municipal departments such as parks and public works should be represented. There shall be a Tree Board in the Village consisting of three (3) members, appointed by the Village President, subject to approval of Village Council. Their term of office shall be three (3) years and until their successors are appointed and qualified. The members shall serve without compensation, but all necessary expenses shall be paid by appropriate council action. The Village Council may remove any appointed member of said Tree Board from office prior to the expiration of their term, with or without cause by an affirmative vote of not less than three-fifths of the members of the Village Council. Vacancies on the Tree Board, shall be filled by appointment by the Village President, subject to approval of the Village Council.
42 The Tree Board shall hold regular meetings as needed, and may hold such additional meetings as it deems necessary. A majority of the Tree Board Shall Constitute a quorum for the purpose of transacting the business of the Tree Board. The Tree Board shall, as soon as practical after the time of the annual appointment of a member to the Tree Board, elect a chairperson, vice-chairperson, and a secretary thereof. A) The Tree Board shall perform the following duties: The Tree Board shall advise and consult with the Tree Manager on any matter pertaining to this ordinance and its enforcement. The topics under which this advice and consultation may be given may include, but are not limited to, any of the following: 1) Develop and update the Urban Forestry Management Plan (Including the needs, goals and objectives of the Village) 2) Recommend and review the selection, planting, maintenance, and removal of trees and shrubs on Village streets or other Village-owned property; 3) Establish educational and informational programs for citizens of the Village; 4) Develop policies and procedures regarding the Tree Manager duties. Section 18 ½-23 shall be repealed in its entirety and replaced with the following: Section 18 ½-23 Designation of Village Arborist and/or Director of Public Works to perform certain functions with regard to trees and shrubbery Section Designation of Village staff personnel to service as Tree ManagerVillage Arborist and/or Director of Public Works. The Tree ManagerVillage Arborist and/or Director of Public Works is hereby charged with the responsibility for the enforcement of this ordinancearticle. (a) Duties and responsibilities of the Village Arborist and/or Public Works Director: The Village Arborist and/or Public Works Director shall have the responsibility to study, investigate, develop and administer a plan for the care, preservation, inventory, pruning, planting, replanting, removal or disposition of trees and shrubs in any public thoroughfare or parkway. The Public Works Director shall designate an individual from the Public Works staff to serve as the Village Arborist. The Village Arborist shall be certified as an Arborist. (b) Official Tree Plan: The Village Arborist and/or Public Works Director shall present a draft Official Tree Plan to the Village Board for its review and approval. After the Official Tree Plan has been approved by the Village Board, which approval shall be in the form of a written resolution, the Village Arborist and/or Public Works Director shall periodically review and analyze the Official
43 Tree Plan in light of current conditions in the Village. The Village Arborist and/or Director of Public Works may recommend to the Village Board changes to the Official Tree Plan, and the Village Arborist and/or Director of Public Works shall report annually to the Village Board his or her findings as to the operation of the Official Tree Plan and the state of Village-owned trees. Section 18 ½-24 shall be repealed in its entirety and replaced with the following: Section ½-24. Planting Requirements (a) Permit required to plant in Village right-of-ways (ROW) no cost. It shall be unlawful for any person to plant, or cause to be planted, any tree in a public ROW, including public parkways, without first making application to the Village Tree ManagerArborist and/or Director of Public Works for a permit allowing such planting. The Tree ManagerVillage Arborist and/or Director of Public Works in consultation with the Village Engineer, shall establish such planting locations as he/she deems advisable in view of the individual application made and shall issue a planting permit after the establishment of the location. (b) Types of trees permitted in Village ROW. It shall be unlawful for any person to plant or cause to be planted any tree other than the varieties listed in the List of Approved TreesAccepted Varieties for Parkway Tree Planting (attached as Exhibit 1, which shall be kept on file with the Village Clerk and as may be amended from time) in a Village ROW, except by special permit issued by the Tree BoardVillage Arborist and/or Director of Public Works. It shall be the responsibility of the Village Arborist and/or Director of Public Works to review and update the List of Approved and Prohibited TreesExhibit 1 periodically. (c) Planting near intersections corners, and fire hydrants. The Village Tree ManagerArborist and/or Director of Public Works shall not issue a permit allowing the planting of any tree in any public thoroughfare or parkway at a distance of not less than the distance specified by the visibility triangle formula or thirty (30) feet, whichever distance is determined appropriate by the Village Engineer, from the point of intersection of any given street lines within the Village. No street tree shall be planted closer than ten (10) feet to any fire hydrant unless the location was approved by the Village Engineer. Section 18 ½-25 shall be repealed in its entirety and replaced with the following: Section 18 ½ Maintenance; responsibility of adjacent property owners. It shall be the duty and responsibility of every person owning or occupying any real property within the Village, to keep all trees on that property trimmed in such a manner that there is a clearance of at least fourteen (14) feet above any street or alley, and a clearance of at least seven (7) feet over any sidewalk. It shall also be the duty and responsibility of every person owning or occupying any real property within the Village to have all trees on that property trimmed in such a manner that they do not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that sign or device.
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