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Village of Maryville, Illinois

Description Board Minutes
Date4/18/2007 Location  Council Chamber
Time Speaker Note
7:00:00 PM Gulledge Called the Board meeting for Wednesday, April 18, 2007 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 and Kostyshock. Trustees Limberg and Garcia were absent. Also in attendance were Clerk Long, Attorney Wigginton, Public Works Director Presson, Fire Chief/Building and Zoning Administrator Flaugher, Public Service Officer Jones, Comptroller Brussatti, Police Chief Schardan, sixteen (16) residents and four (4) reporters.
7:01:05 PM Gulledge Called for approval of the minutes from the April 4, 2007 Board Meeting. Asked if there were questions, additions or subtractions to the minutes as prepared by the Clerk. There were none. Motion to place the minutes on file was made by Bell and seconded by Kostyshock. Voting on the motion: Schmidt - abstain, Bell - yes; Callahan - yes; Kostyshock - yes; Gulledge - yes. Motion carried.
7:01:48 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. Motion carried.
7:02:15 PM Gulledge Went to Communications.
7:02:24 PM Long Read a letter of resignation from the Economic Development Committee dated April 9, 2007 from David J. Massa. She read the letter in its entirety.
7:03:41 PM Gulledge Asked for a motion to place the Communications on file. Motion was made by Bell and seconded by Schmidt. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:04:06 PM Gulledge Went to Legal Matters.
7:04:12 PM Wigginton Presented Ordinance 2007-18, authorizing the execution of a water service and pre-annexation agreement pertaining to the property of Perry and Melinda A. Luna located at Lot 14 and Point 13 University Hills Subdivision, Fifth Addition, commonly known as 20 Valley View Drive, Collinsville, Illinois, 62234. Explained the agreement was the subject of a public hearing this evening at 6:45 p.m. Stated all other statutory procedures provided in Illinois Municipal Code have been complied with. Stated this ordinance will authorize and direct the Mayor to execute and the Village Clerk to attest a document known as Agreement for Water Service and Pre-Annexation dated February 2, 2007.
7:05:05 PM Gulledge Called for a motion to approve Ordinance 2007-18. Motion was made by Kostyshock and seconded by Schmidt.
7:05:29 PM Callahan Asked where this is.
7:05:31 PM Gulledge Answered in University Hills down Route 157 close to the University Hills Church. With no other questions or comments, asked for a roll call. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:06:04 PM Wigginton Presented Resolution 2007-06 authorizing the Mayor to apply for Community Development Block Grant funds from Madison County. He read the resolution in its entirety.
7:07:13 PM Gulledge Called for motion to approve Resolution 2007-06. Motion was made by Schmidt and seconded by Kostyshock. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:07:51 PM Gulledge Went to Old Business.
7:08:04 PM Schmidt Stated they have yet to receive documentation from AT&T via e-mail that they would like to review before proceeding on the Project Lightspeed; therefore he made a motion to table the discussion. Second was made by Kostyshock. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:08:42 PM Bell Stated they received the 2007 PEP Grant in the amount of $15,000.00 which will be used to purchase and install a new pavilion/electric storage at Firemen's Park. Stated plans are to tear down the old building right after the homecoming and proceed with the project.
7:09:15 PM Callahan Made a motion to purchase a Vitalbuilt Posture Control chair for a GSA bid of $1,055 with $85 in shipping for a total of $1,140 for the Police Department dispatchers. Second was made by Schmidt.
7:09:55 PM Gulledge Explained this is a special chair as they have two special size individuals that are dispatchers for the Village. With no further questions or comments, asked for a roll call. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:10:33 PM Kostyshock Made a motion to pay Pay Application #3, which is the final payment to Korte and Luitjohan for high service pump replacement in the amount of $85,903.75. Second was made by Callahan. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:11:22 PM Kostyshock Made a motion to pay Pay Application #3 to D&K Backhoe in the amount of $68,219.76 for the Copper Creek lift station improvements and 18 inch interceptor extension, contracts A and C. Second was made by Bell. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:12:23 PM Gulledge Went to New Business.
7:12:33 PM Schmidt Commented that Dave Massa was an integral part of the Economic Development Committee, and hopes he comes back at a later time. Made a motion to accept the resignation of Dave Massa from the Economic Development Committee. Second was made by Callahan.
7:13:20 PM Callahan Commented Massa was on the committee for the six to eight years he was liaison; concurred with Schmidt regarding his commitment.
7:13:53 PM Gulledge Concurred with prior comments. Stated he would be missed. With no further comments or questions, asked for a roll call. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:14:27 PM Callahan Apologized for not attending the meeting held that day, and asked Bell to discuss.
7:15:06 PM Bell Explained the meeting was in regards to a program called Time Matters and would be useful for Jones for permits and tickets. Stated it is very customizable in terms of reports and letters. Stated he was impressed by the presentation. Stated the item will be discussed next week at Caucus.
7:15:22 PM Gulledge Went to Calendar Updates.
7:15:34 PM Bell Commented on Go Fly a Kite Day scheduled for this Saturday from 1:00 p.m. to 3:00 p.m. at Drost Park. Commented the event is fun.
7:16:12 PM Gulledge Commented on the Planning Commission meeting. Invited Flaugher to comment.
7:16:22 PM Flaugher Stated there are two (2) items on the agenda: Villa Marie Winery final development plan, and a special use permit request for a home occupation. Gulledge asked if final plat for first addition of Stonebridge Bluffs is on. Flaugher answered no, as nothing has been submitted.
7:17:06 PM Callahan Asked Flaugher about the concrete issue at the Fire House. Commented it looks like it is a compaction problem versus subsidence.
7:17:45 PM Flaugher Responded he does not know the cause of the problem. Commented on the amount of weight on the concrete with the trucks and water. Stated he had money figured in to this fiscal year's budget for repair; however due to budget restraints it was cut.
7:18:11 PM Callahan Commented one of the full time firemen mentioned that due to the new large truck's size the driveway is not quite wide enough. 
7:18:25 PM Flaugher Responded when the fire house was originally built they planned for the pads to go straight out. Explained they keep the four biggest trucks in the center, so there is not a major problem. Explained the east door is 14-foot; there is no way a ladder truck could fit if the Village was ever to purchase one. Concurred the pad width is an issue, though not a major one. 
7:19:09 PM Callahan Suggested they include a repair and re-construct in the budget, at least on the north side.
7:19:20 PM Flaugher Responded they would have to do so on both sides. 
7:19:20 PM Gulledge Went back to Calendar Updates.
7:19:44 PM Schmidt Asked about the MCIB Clean Up Day notation.
7:19:56 PM Bell Responded it is not only a clean up day, but they also plan to plant flowers.
7:20:17 PM Gulledge Went to May. Commented on the Mayor's Prayer Dinner at 6:30 p.m. on Thursday May 3 at the CMT YMCA on Town Center Drive; Bike Safety rodeo on May 12th; a Community Improvement Board meeting on May 7th; Economic Development Committee meeting on May 14th; Park Committee meeting on the 21st; Bell commented the event on the 20th will only be a jazz concert, not a dedication concert at this time. With no further questions or comments on the Calendar, went to staff reports.
7:21:17 PM Presson Commented the handicap ramp has been installed at the Library. Stated Mike Morgan graciously donated materials and labor for the project.
7:21:20 PM Gulledge Commented his appreciation, as at first the Village was going to donate materials and Morgan was going to do the labor. Commented Morgan did a nice job.
7:22:17 PM Schardan Stated the electric remodel has been started in the police station. Stated July 30 is the projected finish date. Gulledge commented he suspects to be finished long before that.
7:23:11 PM Gulledge Went to Business from the Floor. Invited Tommy Ishmael to the podium, who requested permission to address the Board.
7:23:30 PM Tommy Ishmael 414 Hayden Lane. Distributed photos to help clarify his discussion. Read from a prepared statement, explaining that his property is flooded. Stated he has been told that because Hayden Lane is a private road, the Village has no responsibility, nor do they have responsibility over private property. Stated in 1962 the Village accepted the Hayden Lane subdivision into Maryville; at the same time an easement was made specifically for a drainage ditch to run from the west side of his property to the moor beside Judy Drost Weiman's property and back to the lake. Stated this ditch has filled in over time. State he is asking the Village to excavate the ditch from Hayden Lane back to the lake as originally done. Commented on the issue of standing water in relation to mosquito season and West Nile Virus. Commented his opinion it is time to consider turning Hayden Lane into a public road.
7:27:26 PM Gulledge Commented he was not aware of any documentation regarding a drainage ditch. Stated he would like a copy to give to the attorney for review. Explained they know there is a problem. Explained the procedure that complaints are heard at this meeting, after which comments are taken back to committee and a resolution is discussed. Ishmael presented a copy of the plat to the attorney. Commented on the issue of a private road: Hayden Lane has always been part of the Village; however it is a private road and is not maintained by the Village. Ishmael reiterated his comments that it is time to revisit this issue. Mayor explained there are restrictions and qualification on size of roads and easements and right-of-way; in the past they have tried, not only for Hayden but East Perry as well, to get sufficient amount of road access to do what Ishmael is requesting. Stated for whatever reason, they have not been able to so.
7:30:09 PM Ishmael Commented eminent domain has been used in the past, as well as abused. Commented his opinion eminent domain was put in place to protect the public and rights of way and such thing as roads. Submitted this situation is what eminent domain was designed for. Commented he is willing to work with the Village in whatever way he can.
7:31:26 PM Schmidt Asked how long he has owned the property.
7:31:30 PM Ishmael Responded since September of 2006. Explained ninety days after purchase, he found out the foundation was flooded. Stated for the next ninety days he fought the flooding, and in the mean time the water kept encroaching up. Commented the reason for the purchase was to bring his mother closer to him from Oklahoma. Commented on improvements made to the property.
7:33:10 PM Marjorie King Stated her father built the house to which Ishmael is referring and owned the road. Stated there was a ditch dug, as well as weeping willow trees planted along the property which take up a lot of water. Stated when her father sold the house the new owners tore out the trees. Further commented they had a ditch dug; however the homeowner to the back of this property had a farmer come in who plowed over it and filled it in. Commented these are the reasons the area is in the condition it is presently.
7:35:46 PM Gulledge Commented he agrees something should be done. Commented this is the first time they have been told there is an easement. Commented this has been an on-going problem. Commented this is a new development that they will look into.
7:36:27 PM King Commented her father owned the road. Stated in order for her family to get the road in condition for Maryville to take over, they wanted her to buy ten feet of Irene Kerkoff's property to make it wide enough. Stated she did not have the money for the purchase.
7:37:38 PM Gulledge Stated they plan to look at the situation and if there is something the Village can do, she can be assured they will do it.
7:37:56 PM Missy Bost 511 Perry. Referred to Ishmael's comments regarding health issues for seniors; commented children need to be considered as well. Commented she and her children like to play outside, and most of the surrounding land is flooded.
7:39:12 PM Callahan Commented the road behind UMB Bank is a private road; in fact they tried to talk the builder into not making it a private lane. Stated five years later the owner came back to the Board requesting a public road. Explained at that point it was not possible due to the width, and the owner could not give easements as he had sold the property to the homeowners. Explained unless easements are given, the Village cannot legally do anything.
7:40:52 PM Gary Purdy 507 East Perry. Explained the water is directly behind his house. Commented on the amount of mosquitoes around his house. Commented the drainage system at the church has also been filled with dirt. Commented the drain directly behind 511 East Perry was also plugged. Commented his opinion if the Fire Department were to come flush it out, it would alleviate the problem. Agreed it is time to take action on the issue.
7:43:19 PM King 612 Hayden. Commented the pipe to which Purdy is referring comes across from the diamond and over to the lake where Seigers had been. Stated the pipe runs along side their house and busted open. Stated they went in and filled it.
7:43:19 PM Gulledge Explained that was not a Village project but private drainage issues. Explained baseball teams used to play back there.
7:44:34 PM Dawn Vandersloot 508 Hayden Lane. Asked who put in the drainage at the church. Gulledge responded the church. Vandersloot asked whether the church is responsible for it. Gulledge responded he is simply answering her question and does not know. Vandersloot commented it is collapsing.
7:45:13 PM Callahan Commented as a child he played soccer in this area, and at one time there was a mine back there. Commented once every two to three years the mine shaft would be filled as the playing field was no longer level. Gulledge commented the area is not very far from where the entrance to the Donk Mine was. Callahan commented that the church has had mine subsidence damage.
7:46:09 PM Norma Arnold 600 Hayden Lane. Commented they were told by other cities that Maryville could grandfather the road in and property would not need to be taken from Mrs. Kerkoff as the front end would be smaller than the back end. Asked whether there was any truth to this statement.
7:46:45 PM Wigginton Responded they would have to disregard the ordinance which would necessitate the granting of variance. Commented there are two separate issues at hand: The first is the water to which all will agree is a mess. Commented he has been to the property with the Code Enforcement Officer and knows first hand it is a mess. Explained this is the first time an easement has been brought to the Board's attention. The second issue is the roadway, for which the problem is the entrance is only twenty feet. Stated a twenty foot width road would be a large stretch.
7:47:49 PM Arnold Commented on the work currently being done on Lange Street. Asked how they will get fire trucks down the road.
7:47:53 PM Wigginton Responded they know they can, as they have already tested it. Stated there is no automatic grandfather clause; the Village would have to get a variance.
7:48:00 PM Arnold Asked if this is possible
7:48:03 PM Gulledge Responded anything is possible; however that brings up the problem of other private streets within Maryville. Stated they will take the comments under advisement. 
7:48:34 PM Wigginton Added the neighborhood also has to consider they need the cooperation of every lot owner on that street. Commented he has been with the Village since 1997, and this is not the first time the issue has come up, and they have not seen the cooperation from the property owners on Hayden Lane.
7:49:05 PM Ishmael Addressed the comments of Callahan regarding obtaining easements. Clarified he is advocating the taking of the land versus going to every homeowner to ask for land. Encouraged the Board not to deny or discourage variances simply because they are being submitted; rather look at the need for each of those variances. Reiterated the road is not his primary issue; the health issue of the water needs to be addressed.
7:50:36 PM Callahan Commented the problem with the road is that the property owners are the ones that would have to bring it up to spec. Ishmael disagreed. 
7:50:52 PM Gulledge Interjected to deflect an argument.  Stated they will work on the issue and he will call Ishmael with the result.  Stated they will also take the comments on the road under advisement.
7:51:35 PM Gulledge Went to Mayor's comments. Gave statistics for Allied Waste for March: Solid waste recyclable curbside pickup was 270.59 tons; recyclable curbside pickup was 24.92 tons. Next, commented Jolene Henry has put out the budget sheets to the Department Heads. Encouraged Schmidt to think about putting a meeting together to discuss the 2007/2008 budget. Next, made everyone aware the primer will be put down starting tomorrow evening down South Lange Street off of East Main headed south where it turns on to Third Street and the small part of South Donk. Asked residents not to drive down these streets if at all avoidable. Stated the binding coat will be put down Friday starting around 8:00 a.m. Stated by Friday evening they will open it back up. A question was asked as to whether this will affect the bus route. Gulledge responded he did not think so. Commented his appreciation of the residents attending the meeting. Commented on the bills voted on, explaining any action taken at this meeting has already been discussed at a Caucus meeting. With no further business to come before the meeting, asked for a motion to adjourn. Motion was made by Schmidt and seconded by Kostyshock. Voting on the motion: Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes. Motion carried.
7:54:58 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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