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Village of Maryville, Illinois

Description Board Minutes
Date8/4/2004 Location Council Chamber
Time Speaker Note
6:59:21 PM    
7:00:00 PM Gulledge Called the Board meeting of August 4, 2004 to order, and asked those in attendance to join in the Pledge of Allegiance. He then asked for a roll call of those officers present. Answering the roll call were Trustees Limberg, Bell, Callahan, Kostyshock, and Garcia. Trustee Schmidt was absent. Also in attendance were Clerk Long, Attorney Wigginton, Building & Zoning/Fire Chief Flaugher, Police Chief Schardan, Water & Sewer Superintendent Presson, Street Superintendent Mann, three reporters, and one citizen.
7:00:53 PM Gulledge Asked for approval of the minutes of the July 21, 2004 meeting. He asked if there were any questions, additions, or subtractions to the minutes as prepared by the clerk. There were none. He called for a motion to have the minutes placed on file. The motion was made by Bell, seconded by Kostyshock. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes, Garcia - yes. Motion carried.
7:01:32 PM Gulledge Called for approval of the bills submitted for payment. He asked if there were any questions, additions or subtractions to the bills. There being none, he asked for a motion to pay the bills submitted. Kostyshock made the motion and Bell made the second to his motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:02:11 PM Gulledge Went to Communications.
7:02:20 PM Long Read a thank you note from the Frank Vallino family thanking the Village for the floral arrangement sent in memory of Frank Vallino. Also, she read a thank you note from the Ten and Under "Black Widows" ball team, for honoring their championship on the Village Marquee.
7:03:29 PM Gulledge Called for a motion to place the communications on file. Kostyshock made the motion to place the communications on file, and Garcia made the second. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:04:00 PM Gulledge Went to Legal Matters.
7:04:05 PM Wigginton Read Ordinance 2004-31, An Ordinance Amending Village of Maryville Zoning Ordinance No. 70-1.  He explained that the amendment is for the rezoning of property located at 2200 South Center Street, from MR-2 to B-1.
7:06:03 PM Gulledge Called for a motion to approve Ordinance 2004-31, the rezoning of the property located at 2200 South Center Street, commonly known as the Presson Property. Kostyshock made the motion to approve and the second was made by Garcia. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:06:44 PM Wigginton Read Ordinance 2004-32, An Ordinance Authorizing the Execution Of A Water Service And Pre-Annexation Agreement. This agreement is for the property located on Lot 10 Blake Trails Subdivision, commonly known as the John A. & Monica L. Reyes property, 18 Bliss Terrace, Collinsville, Illinois.
7:08:30 PM Gulledge Called for a motion to approve Ordinance 2004-32, a water service and pre-annexation agreement for the property of John A. and Monica L. Reyes, 18 Bliss Terrace, Collinsville, Illinois. Kostyshock made the motion and Garcia made the second. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:09:10 PM Wigginton Read Ordinance 2004-33, An Ordinance Of The Village Of Maryville, Madison County, Illinois, Authorizing The Mayor To Execute And The Village To Enter Into A Purchase Agreement Between The Village Of Maryville and Elmo J. Johnson and Barbara Thomas Johnson, For The Sale Of Lot 8, Schiber Court, Maryville, Illinois.
7:10:33 PM Gulledge Called for a motion to approve Ordinance 2004-33, authorizing the Mayor to sign on behalf of the Village of Maryville a purchase agreement with Elmo Johnson and Barbara Thomas Johnson. The motion was made by Bell, and the second was made by Kostyshock.
7:10:50 PM Bell Asked if the last couple of issues the Board discussed was okay.
7:11:04 PM Gulledge Answered that all final documentation is in the agreement. He said the only difference is the money to be held back until they leave, and when they leave they get the money. There is a penalty clause of $200.00 per day. They were agreeable to this.
7:11:26 PM Bell Asked if the date is the same.
7:11:29 PM Gulledge Replied that the date is the same. With no other questions or comments, he asked for a roll call on the motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:11:49 PM Gulledge Thanked Attorney Wigginton and the Board for all the work put in over the last six months to purchase this property for the Village, for the Parks, and Public Works Department. He said this is going to alleviate some of the parking problems for parking cars and also additional equipment that the current public works building has no room to house.
7:12:28 PM Gulledge Asked if there were any reasons for a Closed Session. There were none. He went to Old Business.
7:12:50 PM Gulledge For Trustee Schmidt, who is absent because he is ill, said newsletter articles are due by the 15th of August. If anyone has articles, or questions, etc. get in touch with Schmidt or himself.
7:13:24 PM Gulledge Went to New Business. He said he has some items to discuss for Schmidt. The first item discussed was the Shepard Enterprises final development plan. He said Jim Shepard is present if anyone has questions or comments. He said the recommendation from the Planning Commission is to approve the final development plan. He said at the last Caucus meeting there were eight items that were still to be worked on by Shepard's engineer and the Village engineer. He received a fax this evening from John Dutton of Juneau Associates stating that all eight items have been accomplished. He called for a motion to approve the final development plan of Shepard Enterprises. Garcia made the motion to approve and Kostyshock made the second.
7:14:38 PM Callahan Said he had a question for Attorney Wigginton, not about the recommendation, but about the vote. He said if there are four members present on the Planning Commission, it takes all four to pass something. But if there are five present it only takes three. He went on to say several months ago there was an issue on the Planning Commission where four members were present and the vote was three to one. The person was told that it passed. But, later the Board had to go back and tell the person it didn't pass, it failed because it needed all four votes when there are only four members present. He asked if there are five present, why does it only take three to pass something. He said on this particular item, the vote was three to two.
7:15:44 PM Wigginton Tried to explain, that it takes a majority.
7:15:47 PM Callahan Commented he doesn't have a problem with this passing, he just doesn't understand why it takes four votes if four members are present, and only three if five are present. This doesn't make sense.
7:15:58 PM Petty Commented she thinks it has to do with a quorum.
7:16:05 PM Wigginton Said four would be a quorum, and they would need a majority of the quorum.
7:16:16 PM Callahan Asked if it is true that it takes four of four if there are only four members present. He said they actually backed something out and re-did it.
7:16:22 PM Bell Commented that the vote was three to one, with four present. He commented that Callahan is asking why when there are five present, it can be a three to two vote.
7:16:49 PM Callahan Commented that this is a procedural point, he still doesn't have a problem with the current item.
7:16:55 PM Garcia Asked if they didn't have to re-do the car wash because of this.
7:17:07 PM Callahan Replied that they had to re-do the entire vote.
7:17:11 PM Kostyshock Suggested that perhaps it was because they had to have two thirds of the members present.
7:17:19 PM Wigginton Replied he doesn't think so.
7:17:20 PM Callahan Commented he didn't realize that it had to be four out of four until it was brought up on the car wash.
7:17:45 PM Gulledge Said there is a motion and a second on the floor. He asked if there were any other questions.
7:17:54 PM Bell Asked about the letter from John Dutton. He asked if it covers all eight items.
7:18:13 PM Gulledge Answered yes, all eight items have been taken care of. He asked for a roll call on the motion to approve the final development plan of Shepard Enterprises. Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:18:54 PM Gulledge Said the next item he will discuss for Schmidt is the Preliminary Plat Approval on the Villas at Remington. It has been recommended for approval by the Planning Commission. He said before the vote he wants to discuss the matter discussed at the caucus concerning the correct time for making recommendations on a PD-R. He said John Dutton told him that if you know the approach you want, it should be done in the preliminary hearing. He said nothing is final, until the final plat. He said there questions about brick or what was going to be on these villas. He said he talked with Flaugher, and they went out and checked the other Villas. The plan is for these villas to be a brick front just like the ones H&L did on Keebler, with vinyl siding on three sides. This is exactly like all of them on Keebler. He said the Villas at Remington are smaller, but they are going to have architectural shingles. He said he is not sure the ones on Keebler have this. He said there will be thirty-one buildings, sixty-two units.
7:23:24 PM Bell Asked the size of the villas.
7:23:29 PM Gulledge Replied the Villas at Stonebridge are 1640, with two car garages.
7:23:51 PM Bell Asked if the vote was four to one at the Planning Commission.
7:24:01 PM Gulledge Replied it was six to one.
7:24:15 PM Kostyshock Asked if they are going to rent any of these or are they going to sell them to individuals.
7:24:20 PM Gulledge Replied he doesn't know for sure. He thinks they will sell them.
7:24:30 PM Limberg Asked if there is going to be an association.
7:24:32 PM Gulledge Said he thinks they filed an association when they filed the plat.
7:24:57 PM Callahan Asked if this still at the preliminary stage. He said even though it is better to do something at the preliminary stage, the Board still has the opportunity to request changes at the final.
7:25:20 PM Bell Commented that at the preliminary if the developer is told it is okay to have vinyl on three sides, and brick on one, then at the final tell him it must be all brick, this isn't right.
7:25:43 PM Gulledge Commented it may not be fair, but it can be done. He again invited all the trustees who can, to attend the Planning Commission meetings because this is where a lot of these questions can be answered and taken care of.
7:26:13 PM Bell Said the Village has a good commission, they are looking out for the best interest of the Village.
7:26:31 PM Limberg Commented that if Osborn Development does as well as H & L Builders did on their villas, he thinks it will be an improvement to the Village.
7:26:59 PM Callahan Asked if they are one or two story buildings. He was told they are one story.
7:27:07 PM Gulledge Commented that there is a recommendation from the Planning Commission to approve the Preliminary Plat of the Villas at Remington. He asked for a motion to approve. The motion to approve was made by Limberg, and seconded by Bell.
7:27:45 PM Kostyshock Said the only question he has is the one he brought up before. This is only the preliminary, so there will be a final, and he wants to find out if they are going to rent any of the Villas.
7:27:59 PM Bell Replied this has come up before on the others.
7:28:03 PM Kostyshock Commented that his concern is with this particular set of villas.
7:28:05 PM Garcia Commented that it came up on the Town Houses, they were supposed to sell them.
7:28:09 PM Bell Commented that they can have an option. He said by law he doesn't think the Village can tell them they can't rent the Villas out.
7:28:14 PM Gulledge Commented that this is what Attorney Wigginton has said. The Village cannot tell them they must sell them.
7:28:17 PM Bell Commented that he remembers him telling them this.
7:28:24 PM Garcia Commented that they are saying that the Village cannot put it in the contract that they cannot rent the places.
7:28:29 PM Gulledge Said they can't do this for a house. If she wanted to rent her house, she could.
7:28:36 PM Garcia Said when the Town Houses were built, they told the Board they were going to sell them. She said they are not sold, they are rented.
7:28:39 PM Wigginton Commented that they told them that ideally they would like to sell them. They do not want to be landlords. The Village cannot force them to have their property only owned because events occur in a person's lifetime that may cause them to lease it out.
7:28:58 PM Limberg Commented that they must understand from the builder's point of view. Sometimes when they build a spec house, they want to sell it, but sometimes it reaches the point where the money situation comes into play. The builder needs money coming in, therefore he will rent the property until it can be sold.
7:29:20 PM Callahan Commented that his only argument would be if it was multi-family developments without all the Planned Urban Residential Agreement, he agrees the Village couldn't do this in a multi-family situation. But, if part of the deal is, if it is negotiated he doesn't see why it couldn't be done.
7:29:51 PM Wigginton Said the Village would run into a lot of problems with the State and Federal Housing laws if they tried to restrict a development with only home ownership. This would be the immediate problem. The second problem he sees is future enforcement. How would the Village know who is occupying that residence, and what the terms of the occupation are in terms of leasing, family member watching the house, etc.
7:30:35 PM Gulledge Commented that he personally doesn't care if they are rented, as long as they are kept up. The Village has property maintenance codes, and if they do their job, there should be no problem keeping them up.
7:31:02 PM Gulledge Said there is a motion and a second. He asked if there were any more questions. There were none. He called for the roll call vote on the motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - no; Garcia - yes. Motion carried.
7:31:34 PM Gulledge Discussed Lot 4 Executive Plaza Osborn Car Wash Development plan. The Planning Commission is recommending approval. He asked for a motion to approve. Kostyshock made the motion, and Callahan made the second.
7:32:31 PM Callahan Commented that the car wash is water intensive, and asked if they did an upgrade on the sewer.
7:32:39 PM Gulledge Replied it is gravity all the way to the corner. He said the engineer doesn't suspect any problems.
7:32:57 PM Presson Commented also, that it is gravity flow and should be no problem.
7:33:25 PM Callahan Asked if it was hooked up to the force main across the front. He asked if they sized the water usage to the force main.
7:33:31 PM Gulledge Asked for a roll call on the motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:35:51 PM Bell Made a motion to purchase a new PC for the Public Works Department from Computron with Microsoft Office as well, in an amount not to exceed $2100.00. Kostyshock made the second.
7:36:41 PM Bell Asked Presson in Mike or Linda has talked to him or Fastechnology.
7:36:58 PM Presson Replied he has talked to Linda, but she has not called him back.
7:37:03 PM Bell Talked to Presson about using the PC to monitor the tower and plant. NOTE: Presson's response is not audible enough to hear his comments.
7:37:28 PM Gulledge Asked for a roll call on the motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:37:53 PM Kostyshock Commented that the Village received three bids for the 16" Interceptor Sewer Repair Project. He made a motion to accept the low bid from Haier Plumbing & Heating in the amount of $11,803. 00. Bell made the second to his motion.
7:38:36 PM Bell Asked where is this located.
7:38:48 PM Gulledge Explained it is located probably a quarter of a mile on the north side of the bike trail, just west of Pleasant Ridge Road. He reminded the Trustees this is the one that was hit by Cape & Sons two years ago. Attorney Wigginton went to court and represented the Village and won the case.
7:39:04 PM Bell Asked how many feet they are replacing.
7:39:12 PM Presson Replied twenty to thirty feet.
7:39:23 PM Gulledge Asked for a roll call on the motion: Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:39:42 PM Kostyshock Made a motion to pay Ehret Plumbing for the 159 water main relocation project, pay request #1 in the amount of $124,154.72. The second to his motion was made by Limberg. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:40:50 PM Gulledge Went Staff Reports.
7:40:58 PM Schardan Reported that one new squad car is on the street now, and they are in the process of getting the radios and other equipment in the other one. It should be ready for the street next week.
7:41:25 PM Callahan Asked Mann if the entry way to Lakeview Acres belongs to Maryville. He said the reason he is asking is that all the signs were torn up during some construction. Maryville Road sign is demolished and the stops signs are all bent.
7:42:09 PM Gulledge Said if it is Fairlane, it belongs to the Village. If it isn't Fairlane, it is not the Village.
7:42:14 PM Mann Replied he will check into it.
7:42:24 PM Bell Told Mann that Bill Thomas will be calling him tomorrow about getting power to the pole by the comfort station for the surveillance camera.
7:42:46 PM Callahan Asked Mann to have a tree limb on the north side of the new sign in Firemen's Park cut off. It is hanging down on the sign.
7:43:14 PM Gulledge Went to Business From The Floor. There was none. He went to Trustee Comments, Calendar Updates. He said there is a Museum/Library meeting on the 10th at 6:30 p.m. here in Village Hall. He said that He, Juneau and Wigginton have a meeting tomorrow with Collinsville at 10:00 a.m.
7:44:14 PM Bell Said there is a Park Concert on the 15th.
7:44:20 PM Gulledge Asked if there were any more calendar updates. There were no more. He asked for Trustee Comments.
7:44:31 PM Callahan Commented that the reason he knew about the signs on Fairlane, is he went to the Deli on Maryville Road. They were complaining about the sign being bent. They asked him about the possibility of putting a sign out there somewhere to advertise the Deli. He said he told them the Village didn't allow any off site advertising. He said they were okay with this. Then he went back on Monday, they were waiting for him at the door because the people selling sunglasses at Ceretto's had a sign in the church yard. They asked why they could do that, and they couldn't.
7:45:45 PM Gulledge Replied that this is a peddler's/solicitor's license that is handled by the Police Department. He commented that the Deli owners have asked him about getting a sign out on 159 on the east side of 159 near the YMCA sign. He said he has asked the State about it, but he doesn't think they will allow it because right now they will not allow the Village to put up the Master Gardner signs on 159 or 162 because of all the construction going on.
7:46:38 PM Limberg Commented that a lot of the interstate highways have signs advertising gas and food.
7:46:56 PM Gulledge Said he told them the have to make application with the State, and normally the State has to get approval from the Federal Government because they are Federal Highways.
7:47:36 PM Gulledge Said the work on159 and West Main projects has stopped due to a strike. Also Friday, August 13 is the last day to cancel reservations to IML conference in Chicago. He gave the building permit totals for July. The fees for the month were $8,405.44; assessed valuation was $2,594,000.00; the year to date fees are $80,739.05; assessed valuation year to date total is $23,714,000.00. Next, he told the Trustees that the gentleman opening the School Street Station next to the Antique Mall has invited the Board to stop by this evening. He said at the next Board meeting there are a number of water service and pre-annexation agreements on the agenda. He said if there was no other business to come before the Board, he would entertain a motion to adjourn. Bell made the motion to adjourn and Limberg made the second to his motion. Voting on the motion: Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:51:14 PM   The meeting adjourned.

Respectfully submitted,

Thelma Long, Village Clerk 

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