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Village of Maryville, Illinois

Description Board Minutes
Date 7/2/2008 Location Council Chamber
Time Speaker Note
7:00:02 PM Gulledge Called the Board meeting of Wednesday, July 2, 2008 to order and invited those in attendance to join in the Pledge of Allegiance. After the Pledge, he asked for a roll of those officers present. Answering the roll call were Trustees Schmidt, Bell, Callahan, Kostyshock and Garcia; Limberg was absent. Also in attendance were Clerk Long, Attorney Wigginton, Police Chief Schardan and Water Superintendent Hoffmann, seven (7) residents and two (2) reporters.
7:01:05 PM Gulledge Asked for a motion to amend the agenda to include a motion to allow the Fire and Police Board to fill an opening due to the resignation of officer Phil Huniak. Motion was made by Bell and seconded by Callahan. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:01:57 PM Gulledge Called for approval of the June 18th meeting minutes. Asked if there were any questions, additions or subtractions to the minutes as prepared by the Clerk. There were none. Motion to approve was made by Schmidt and seconded by Kostyshock. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:02:20 PM Gulledge Called for approval of the bills submitted for payment. Asked if there were any questions, additions or subtractions to the bills. There were none. Motion to pay was made by Kostyshock and seconded by Schmidt. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:02:54 PM Gulledge Went to Communications. There were none. Went to Legal Matters and asked attorney to discuss.
7:03:47 PM Wigginton Presented Resolution 2008-15, authorizing delegates to attend the Illinois Municipal League Conference to be held September 25 through 28, 2008. Explained this resolution is passed each year.
7:04:19 PM Gulledge Called for a motion to approve Resolution 2008-15. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:04:59 PM Wigginton Presented Ordinance 2008-28 Rezoning the Tottleben Property located at 6537 State Route 162, Maryville from SR-1 to B-1. Stated the ordinance was the subject of a public hearing held June 23, 2008 before the Planning Commission, at which time the Planning Commission issued an advisory report recommending the rezoning request. Stated a public hearing was held July 2, 2008 before the Board of Trustees to consider the rezoning request.
7:06:02 PM Gulledge Called for a motion to approve Ordinance 2008-28. Motion was made by Kostyshock and seconded by Schmidt. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:06:37 PM Wigginton Presented Ordinance 2008-29 Rezoning the Langridge Property located at 6529 State Route 162, Maryville from SR-1 to B-1. Stated the ordinance was the subject of public hearing held before the Planning Commission on June 23, 2008, at which time the Planning Commission issued an advisory report recommending the rezoning request. Stated a public hearing was held July 2, 2008 before the Board of Trustees to consider the rezoning request.
7:07:48 PM Gulledge Called for a motion to approve Ordinance 2008-29. Motion was made by Kostyshock and seconded by Schmidt. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:08:24 PM Wigginton Presented Ordinance 2008-30 authorizing the execution of a redevelopment agreement with Maryville Acquisitions LLC prescribing the form and details of the agreement and authorizing other related actions in connection with the redevelopment of certain properties within a business district. Stated on April 23, 2008 the Village passed a resolution setting forth the Village's intent to establish a business district. Stated on June 18, 2008 the Village adopted Ordinance 2008-24 designating a portion of property located in the Village as the Route 159/162 Business District. Stated on June 18, 2008 the Village adopted Ordinance 2008-25 approving the Route 159/162 Business District Plan. Stated on June 18, 2008 the Village adopted Ordinance 2008-26 which imposed a retailers occupation and service occupation tax in accordance with the Business District Act, which is an additional 1% sales tax imposition allowed in a Business District. Stated the ordinance would authorize the Village to enter into, the Mayor to sign and the Clerk to attest a Redevelopment Agreement between the Village of Maryville and the developer Maryville Acquisitions LLC to develop an approximately 7 acre tract located at Routes 159 and 162. Stated everyone was provided with a copy of the redevelopment agreement, which is a limited obligation of the Village of Maryville and provides for up to $350,000 in economic incentives that would be repaid through the business district tax and sales tax generated from the redevelopment project. Stated the restrictions included are that at least 70% of the building's square footage within the redevelopment project would be restricted to occupations generating retail occupation taxes, and the funds coming in from the business district tax and sales tax would go into a special tax allocation fund to be shared equally. Stated the agreement can last for up to 23 years, which is pursuant to statute; however the Village has the right to terminate the business district if it so chooses once the $350,000 limit has been met.
7:11:16 PM Gulledge Asked for a motion to approve Ordinance 2008-30. Motion was made by Schmidt and seconded by Kostyshock.
7:11:39 PM Bell Asked if Exhibit A is the agreement itself. He was told yes.
7:11:55 PM Gulledge With no further questions or comments, asked for a roll call. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - no; Kostyshock - yes; Garcia - yes; Mayor votes yes. Motion carried.
7:12:23 PM Wigginton Presented Ordinance 2008-31 establishing the Route 159/162 Business District Tax Allocation Fund. Stated the ordinance authorizes the Village to set up a separate fund to receive the additional business district tax imposed on retail sales in that district. Stated the money that flows from the State of Illinois Department of Revenue would go into this special tax allocation fund to be shared equally by the Village and developer.
7:13:04 PM Gulledge Asked for a motion to approve Ordinance 2008-31. Motion was made by Schmidt and seconded by Kostyshock. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - no; Kostyshock - yes; Garcia - yes. Motion carried.
7:13:37 PM Wigginton Stated they will need a motion authorizing the Village to enter into an Intergovernmental Agreement for the Glen Carbon/Maryville sewer project. Stated the parties to the agreement are: The Village of Glen Carbon, the Village of Maryville, and Madison County. Stated Glen Carbon and Maryville have determined that functional sewage disposal is a necessity in their ability to protect the health, safety and welfare of its citizens. Stated there are various federal agencies involved in the planning, design and assistance to Madison County in the development of plans and specifications that may involve the construction of a regional sewer system for Glen Carbon and Maryville. Stated the agreement would allow Maryville and Glen Carbon to participate with Madison County in planning a regional sewage system for this area. Stated under the terms of the agreement, Glen Carbon and Maryville will cooperate with the County in good faith on facility planning. Stated the County will serve as the grant administrator for the project and oversee it. Stated specifically in the agreement is a provision that Maryville will not be required to pay any of the costs for the stage one planning, design and engineering. Stated under the terms of the agreement Glen Carbon is paying 25% of the project costs of stage one, and the federal agencies would pay the remaining 75%. Stated it is estimated that Glen Carbon's costs for stage one is $156,000. Stated the total estimated costs for the design, technical planning and design assistance management is $1.8 million.
7:15:37 PM Gulledge Asked for a motion to approve the Intergovernmental Agreement. Motion was made by Kostyshock and seconded by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:16:43 PM Gulledge Excused the attorney from the meeting. Went to Old Business.
7:17:27 PM Schmidt Made a motion to install three (3) panic buttons to the Council Chamber from Barcom for a cost of $467. Second to the motion was made by Kostyshock. Voting on the motion: Schmidt - yes; Bell - no; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:19:05 PM Kostyshock Made a motion to increase payments to the cemetery grass cutter from $130 to $140 per cut. Second to the motion was made by Callahan. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:19:45 PM Kostyshock Made a motion to approve Pay Application #1 and final from JE Construction for the sidewalk extensions to Route 159 in the amount of $10,252. Commented his opinion the work is not 100% completed, so he would like to approve the payment tonight but authorize the Mayor to make the final decision on when to pay it, as if the grading work is not completed before Homecoming the Village will do it and deduct it from the payment.
7:20:40 PM Gulledge Called for a second to the motion as stated. Second was made by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:21:34 PM Gulledge Went to New Business/Trustees Comments.
7:21:44 PM Bell Commented the movie in the Park event was well attended.
7:22:24 PM Gulledge Further commented on the good job the Park Committee is doing with the movies in the park. Stated The Natural is the next movie to be shown.
7:24:08 PM Callahan Made a motion to authorize the Police and Fire Board to hire a police officer full time, with benefits from the approved hiring list pending passage of all required examinations. Second to the motion was made by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:25:00 PM Kostyshock Commented all the street signs from Division to East Main are completed and look good. Commended the Community Improvement Board for the work they are doing at the Memorial. Commented the Public Works Department is working on cleaning the sidewalks and streets for Homecoming.
7:26:47 PM Gulledge Went to Calendar Updates. Commented the Village Hall will be closed July 4th; Community Improvement Board meeting scheduled for Monday, July 7th at 7:00 p.m.; Homecoming July 11th and 12th, for which volunteers are encouraged; there will be no Economic Development Committee meeting; Comprehensive Plan Committee meeting July 17th at 7:00 p.m., at which the press and Board members are encouraged to attend; Park Committee meeting July 21st; second movie the in park event on July 25th.
7:28:36 PM Gulledge Went to Staff Reports.
7:28:46 PM Schardan Thanked the Board for allowing the Police Board to hire an officer to replace Huniak. Mayor asked the timing of offering of a position and start date for the officer. Schardan explained he is not sure yet. Explained there is a Fire and Police Board meeting July 8th, at which extenuating issues will be discussed. Gave June statistics.
7:31:38 PM Gulledge Read Fire Department and Building and Zoning reports for Flaugher in his absence.
7:34:08 PM Garcia Commented her disturbance there were only two new construction permits issued in June.
7:34:15 PM Gulledge Commented the prior month was a larger amount. Explained Amberleigh will come in to purchase 10 to 15 permits at once and then work on them. Agreed two is disappointing; however suggested they wait to see what happens in July.
7:34:52 PM Gulledge Went to Business From the Floor and invited Gary Shadwick from GDS 4X4 to address the Board.
7:35:16 PM Shadwick Gary Shadwick, President and owner of GDS 4x4 Inc., 24 Schiber Court, Maryville. Commented he learned of the business incentives on which a vote was taken tonight from an article in the News Democrat newspaper last week. Asked if any of the funds put into the Business District Tax fund are available to existing businesses.
7:36:19 PM Gulledge Explained the Business District is a seven (7) acre site. Stated the incentives are provided by the people that shop at the establishments within the District. Stated the normal sales tax, by State Statute is 6.25%; 1% of that comes to the Village. Stated the Village will continue to keep that 1%. Stated the additional 1% will be generated from people's purchases.
7:37:45 PM Shadwick Asked who is getting the other 1%.
7:37:50 PM Gulledge Answered the developer, Koman Properties. Clarified it is not Walgreen's, nor any of the retailers that will be in that district.
7:38:35 PM Shadwick Commented the area looks great and will be a great thing for Maryville in that they will have a nice district instead of run down properties. Commented it is great that there will be better availability to residents. Commented it will also increase tax revenue dramatically. Commented for those advantages, the disadvantage is the residents will unfortunately have to pay 1% additional sales tax. Asked once the $350,000 cap is reached, will the tax be stopped.
7:40:03 PM Gulledge Explained that decision will be up to whomever sits on this Board at that time. Explained it cannot go past 23 years, and his estimation is it should retire the cap in much shorter time than that. Stated at that time it will be up to the sitting Board whether they choose to stop the tax or let it go on. Explained the money can only be used for infrastructure in that seven acres. Stated the Board cannot take that money to spend for something else within the Village. Explained his opinion is the Board will more than likely retire it at that time.
7:40:59 PM Shadwick Commented when he came to the Village twelve years ago, one of the first things he asked was whether there was a tax increment funding district. Clarified that is not what this is.
7:41:14 PM Gulledge Responded it is not. Commented at that time they had no incentives. Explained the first one formed was eight years ago where Keller's property is located by the YMCA. Explained that and the one just formed are the only two business districts in the Village. Further commented there is a large difference between TIF and a Business District. Explained TIF takes possible monies from taxing districts like the school districts, CARD, library and fire districts, etc; a Business District is generated from sales tax on sales in that area. Commented they chose it because they did not want to hurt other taxing bodies.
7:42:31 PM Shadwick Stated that answers his questions and concerns.
7:43:09 PM Gulledge Further clarified the $350,000 is a hard cap. Stated by State Statute there are only certain items eligible for the funds. Stated redevelopment on that site was approximately $1.1 million; negotiations started somewhere below that number and ended at $350,000.
7:43:56 PM Callahan Asked Shadwick how he would feel if one of the businesses going in the district competed with him.
7:44:01 PM Shadwick Responded he would not have a problem with it as long as he knew they were not getting the 1%.
7:44:11 PM Callahan Commented the 1% is what is encouraging the developer to attract businesses. Commented one of his arguments against this is they have a business in town that has been here thirty years, and they are giving incentive to someone to put a Walgreen's in to compete with him one on one. Stated he does not believe it is fair to the existing businessmen.
7:44:53 PM Gulledge Responded it is open competition, and the person that would shop at the tire store would pay the additional 1%, which they will take into consideration in deciding where to shop. Stated there is no way the Village is in a position to choose who comes and who doesn't; what they tried to do was to be fair. Stated they wanted a portion of the Village's sales tax, and the Village did not give it to them. Stated that would have made the whole scenario different.
7:45:31 PM Shadwick Commented if he were to request a district for him to develop his corner in Schiber Court and the Village agreed, it would be great on the one hand; however now instead of having 6.6% he would have 7.6%, and people would turn to shopping on the internet.
7:46:16 PM Gulledge Commented different places in the general area have an additional 1% sales tax, including Collinsville Crossing, Edwardsville Crossing and others. Commented his opinion they are not creating an unfair advantage. Thanked Shadwick for his comments. Asked for other Business from the Floor. There was none.
7:46:55 PM Gulledge With no further business to come before the meeting, asked for a motion to adjourn. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.

Respectfully submitted,

Thelma Long, Village Clerk

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