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Village of Maryville, Illinois

Description Caucus Meeting
Date 10/29/2008 Location Council Chamber
Time Speaker Note
6:30:01 PM Gulledge Called the Caucus meeting of Wednesday, October 29, 2008 to order and invited those in attendance to join in the Pledge of Allegiance. After the Pledge, he asked for a roll call of those officers present. Answering the roll call were Trustees Limberg, Schmidt, Callahan, Kostyshock and Garcia; Bell arrived late. Also in attendance were Deputy Clerk Fenton, Attorney Wigginton, Police Chief Schardan, Comptroller Brussatti, Public Works Director Presson, three (3) citizens and two (2) reporters.
6:30:45 PM Gulledge Called for approval of the October 22nd 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: Limberg - yes; Schmidt - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
6:31:19 PM Gulledge Went to first agenda item, 2009 Risk Management Proposal.
6:31:37 PM Schmidt Stated they have received quotes from the IML Risk Management Association, which provides property coverage on buildings, vehicles and workmen's compensation. Explained they have given several different proposals. Stated due to the number of claims in the last year, the figure for next year is $169,687. Stated they have proposed two different ways to pay: One method with four options and a second method that is called the Minimum/Maximum option which is dependent on how many claims are made within the next year. Stated due to the number of claims the Village has, he does not recommend the second option. Explained they have offered four ways to pay; his recommendation is to go with #3, for which the first installment of $84,809.57 would be due November 21, 2008 and the second installment of $84,809.56 due June 12, 2009.
6:34:13 PM Gulledge Asked for questions.
6:34:19 PM Schmidt Explained option 1 is if the entire amount is paid by November 21st with a small 2% discount. Stated option 2 is due December 12th, which is the full amount. Stated option 3 is the split payment option, which for some reason is a few dollars cheaper than if they pay up front. Stated option 4 charges an initial amount and then a 2% interest fee on the entire amount with an additional month to the pay first installment, with the second installment due in June.
6:35:24 PM Gulledge Commented his agreement. Explained this takes the second installment payment into the next fiscal year. Explained the price difference between option 1 and option 3 is $3,325.87. Explained they will make up some with interest bearing accounts.
6:35:59 PM Schmidt Stated last year the Village paid a whole amount in one payment early to take advantage of the discount, which was a little over $138,000. Explained there is an approximate 17% increase over last year. Stated they figured the budget at 14%.
6:36:44 PM Bell Arrived and was seated.
6:37:07 PM Limberg Commented it is $31,000 more than last year.
6:37:18 PM Gulledge Commented they had a number of problems last year.
6:37:25 PM Brussatti Stated they had a 336% increase in workmen's comp claims. Explained that drives up the premium.
6:37:44 PM Gulledge Confirmed all were in favor of paying with option 3. All were.
6:38:04 PM Wigginton Arrived and was seated.
6:38:08 PM Gulledge Went to next agenda item and asked Schardan to discuss.
6:38:17 PM Schardan Explained they had a resignation of a telecommunicator last week. Stated they have the schedule worked out through November 13th. Explained this individual would have been scheduled to work on November 14th. Stated he is asking to proceed with interviews. Explained he has talked with three individuals today and have two more scheduled. Stated they hope to have someone in place to start the rotation on the 14th.
6:39:15 PM Gulledge Asked for questions. Commented the individual gave no notice and put the Police Department in a bind.
6:39:31 PM Schmidt Asked if he feels comfortable with not advertising the position.
6:39:35 PM Schardan Stated they advertised before and 80% to 90% of the applicants had no experience and were not certified. Explained the current candidates are already working in the field with their certifications.
6:40:00 PM Callahan Commented they discussed the issue last Friday and he is in favor.
6:40:05 PM Gulledge Went to next agenda item and asked Schardan to discuss.
6:40:23 PM Schardan Referred to the list of items designated as surplus that he would like to dispose of. Explained some is outdated or inoperable. Stated they plan to hold a few of the vests for demonstration and training purposes.
6:42:25 PM Gulledge Stated they will get an ordinance prepared for next week. Went to next item Planning Commission items.
6:43:21 PM Limberg Stated there were four items discussed at the Planning Commission meeting. First, was the rezoning of property located at 612 Drost Street, where the property owner wants to split the lot in order to build a second house for his children on the back side. Stated there is sufficient room. Stated they will build a small ranch home, approximately 1,700 square feet. Stated this item was approved for recommendation to the Zoning Board to change the zoning from SR1 to SR2.
6:44:42 PM Garcia Asked how they get to the house. She was told they will have access off of Williams Street.
6:45:02 PM Limberg Stated the next item was a zoning change for property on Vadalabene across from the Cancer Center. Stated this was the subject of lengthy discussion as to the type of building, which will be a doctor's office. Explained it will have normal day hours. Stated no homeowners from the area were present to comment. Stated it is currently zoned SR2, and the proposed change is to B1. Bell asked if it was B1 in future use. He was told no. Stated all surrounding homeowners were notified of the issue. Stated six members of the Commission were present; the vote was split three to three. Stated the issue will go to the Village Board with a non-approval recommendation. Explained the biggest problem was consideration of the houses in the area. Explained the property backs up to the houses in Tuscany.
6:47:38 PM Gulledge Stated Flaugher discussed the issue with him. Stated one individual attended the meeting, who lives in the last house to the west. Stated his only concern was it would not be a gas station or something similar. Stated in addition, an individual from Copper Creek called Flaugher to make sure it would not be a high-volume business. Explained both of these individual had a positive response to the proposal.
6:48:23 PM Callahan Asked if the development will require a berm and 50 foot buffer. He was told yes.
6:48:35 PM Limberg Responded 50 feet or a variance. Stated a variance request would go to the Zoning Board of Appeals.
6:48:51 PM Schmidt Stated the proposal is for two buildings with two tenants in each. Stated according to the documentation, they are only proposing a 20-foot wide buffer.
6:49:11 PM Gulledge Commented Schmidt is correct; however this request is strictly for zoning. Stated they still have to go to the Planning Commission and, if they request a variance, to the Zoning Board of Appeals. Various discussion ensued.
6:50:55 PM Limberg Suggested the Board visit the property and determine their opinion on the zoning before next week's Board meeting vote.
6:51:17 PM Gulledge Commented when Copper Creek was constructed, they wanted egress and ingress to the back there, and the State would not allow it. Stated the problem is they have one access, so they will put two buildings and share the entrance, similar to Boogies and the new doctor's office. Commented it is a 1.73 acre lot; if it does not become B1, the lot is unusable due to the access issues.
6:52:21 PM Callahan Asked what was shown on the last two Future Use Plans. He was told SR2. It was explained the whole other side of the street and all the way down to the entrance of Lynn Hi on the south side of Vadalabene is commercial.
6:53:30 PM Limberg Stated the next issue is acceptance of a preliminary plan for the medical building by Boogies. Stated the only question was about making sure the sidewalks line up and are consistent with the next building. Stated the developer was in attendance and will make sure they line up. Stated there was a discussion regarding the entrance, which will be shared with Boogies. Callahan commented there is an easement for the owner to get to his apartment. It was explained that is a common entrance from Boogies into the back.
6:55:36 PM Callahan Asked if the parking lot to the east hooked to the new building.
6:55:51 PM Gulledge Responded he does not know; he would need to contact Flaugher
6:56:02 PM Callahan Commented the sidewalks will dead end at the end of the property because Boogies does not have them. Mayor responded they are still trying to get as many easements as they can in case the road is ever improved.
6:56:32 PM Limberg Stated this is the last medical building planned in that area.
6:56:38 PM Callahan Commented with the last one built, they left room in the back for a fire truck. Commented this plan has some parking; confirmed there is still enough room for emergency vehicles.
6:56:54 PM Limberg Stated they will require that accessibility. Stated the next issue is the Osborn Development at Stonebridge. Stated it has been over a year since the issue was brought in, and it needed to be renewed. Stated this is an extension of Stonebridge Estates. Stated there was no opposition. Explained it is an extension of the golf course at the very back. Stated the next issue was the preliminary plan for a proposed law/business office from Richard Cain and Marcy Pinnell off of Autumn Oaks Drive. Stated there were a couple of variances they will have to ask for; first, instead of 50 foot at the back of the property, they want 29 feet. Stated they also want to cut the parking spaces back from 53 to 29. Stated this is an out lot that faces 162.
6:59:36 PM Gulledge Commented the first two medical buildings that went in there have a variance from 50 feet to 10 feet; this individual is asking for 29 feet, which is 19 more feet than their two neighbors.
6:59:53 PM Limberg Stated they wanted to cut down the parking spaces to build the size building proposed. Stated Flaugher explained the Village's ordinance on parking is more stringent than anyone in the area. Stated most in the area's maximum is the Village's minimum. Stated there have been variances approved in the past for square footage similar to the size of this building, where they don't need that many spaces due to the type of business.
7:01:01 PM Garcia Asked the exact location of the site.
7:01:12 PM Gulledge Stated it is west of the entrance to Autumn Oaks. Stated it is the last lot closest to Walgreen's. Explained the lot next to it is empty. The location was displayed on the wall via GIS. Discussion was held as to where the buffers are located on the existing businesses. Mayor stated the vote from the Planning Commission was three to three. Explained because there are variances, they need recommendation to go to the Zoning Board of Appeals. Stated he and Flaugher met with the owners today. Stated they will be heading back to the Planning Commission to find out what changes they could make for an approval vote before going to the Village Board.
7:03:31 PM Limberg Explained there was a member of the Planning Commission that did not remember they had approved the variance on the existing building. Explained Flaugher found the minutes approving the variance and e-mailed them to all the Commission members.
7:03:49 PM Callahan Asked if the two tie-vote issues were the same developer.
7:03:58 PM Limberg Responded not developer, but same property owner.
7:04:01 PM Bell Commented the difference between this plan and the existing buildings is the entrance is off of Route 162. Discussion ensued.
7:04:48 PM Gulledge Stated the individuals will work with the Planning Commission any way they want. Commented if they cut the size of the building to allow more parking, it will cut the amount of taxes for the Village, as well as cut down the amount of green space. Commented they want to work with the Board.
7:05:17 PM Gulledge Went to Calendar Updates. Commented the Halloween Party is scheduled at the school from 6:00 p.m. to 8:00 p.m.; trick or treating is from 6 p.m. to 9 p.m. Went to November. Commented the MCIB meeting is scheduled for Monday; the Turkey Trot event scheduled for the 15th. Discussed the Caucus meeting scheduled for the 26th, which is the night before Thanksgiving and traditionally has been cancelled. Polled the Board; all were in favor of canceling the meeting.
7:07:31 PM Gulledge Went to Public Input.
7:07:43 PM Fred Scholl 173 Oak Hill. Stated he has a drainage problem with the water that runs through his property. Stated he brought it to the attention of Flaugher in March of 2007. Explained with the rains of 2008 he has had flooding and water coming in through the window wells into his finished basement. Showed pictures of the water. Stated Flaugher and Juneau have been out to review. Stated a corner of his lot butts up to four other neighbors. Explained two of these neighbors have modified their backyards; one put in extra fill dirt because his basement floods, and the second added a basketball court at end of his property where it was low to build it up. Stated this causes all the water to come into his yard and basement. Stated he received a second letter from Flaugher and Juneau stating if he couldn't work with his neighbors his next step was to take legal action. Stated before doing so, he wanted to come before the Board to see if there is anything the Village can do. Stated one of the neighbors has been in contact with the developer, Osborn; they do not feel they have done anything wrong and will not fix the problem. Stated they have had several companies give estimates on fixes for costs as high as $20 to $30,000 to build french drains to correct the problem. Reiterated his last course of action before going to a lawyer was to come before the Board to see if there is some other way to resolve the issue.
7:10:03 PM Callahan Asked how much the neighbor filled in his property.
7:10:09 PM Scholl Stated approximately ten to fifteen truckloads of dirt. Stated Juneau explained there was to be an area where the water would go across the back of the property to flow out. Stated after he built his home in 2006, it began to flood and he filled it in and in 2007 he got a lot of water on his property. Commented he understands there has been a record amount of rainfall in 2008.
7:10:48 PM Callahan Asked if the property with the basketball court was raised as well.
7:10:52 PM Scholl Responded yes, which is displayed by the photos. Commented due to the changes, instead of getting one-third of the water, he is getting three-thirds.
7:11:10 PM Callahan Asked if they require platting by elevation. Mayor responded it was after this subdivision was built.
7:12:05 PM Scholl Discussion was held as to exactly which lot is his via the GIS display on the wall and the comparison of neighboring lots.
7:14:11 PM Bell Asked where the closest drop box is located. He was shown via the display. More discussion ensued.
7:14:57 PM Callahan Asked how long he has lived there.
7:15:00 PM Scholl Responded four years, and his house was built and he was moved in before the neighboring houses were even completed.
7:15:48 PM Callahan Asked after the homes were built, but before they started filling in, did he have water problems.
7:15:55 PM Scholl Stated the neighbor next to him had problems in 2006, after which he filled in his yard, which caused Scholl's water problems in 2007.
7:17:28 PM Gulledge Commented he wishes he had a better answer; however he does not know what to tell him to do other than try to talk to his neighbors.
7:17:50 PM Scholl Explained he has talked with his neighbors. Stated he has been patient and has tried to correct this in the right way.
7:18:13 PM Gulledge Asked what response he has had from the neighbors.
7:18:16 PM Scholl Stated one neighbor contacted companies to propose a fix, which will cost upwards of $20 to $30,000. Reiterated they approached Osborn, who is unwilling or unable to help. Commented the neighbor's thought process is it is not their water on his property; they are correct, as the water is coming from all the homes on Keebler Oaks Drive with walkout basements.
7:19:38 PM Callahan Asked if the neighbor had not raised their levels, where would the water end up.
7:19:48 PM Scholl Stated he and his neighbors have received conflicting letters from Juneau: One says it would go between lots 169 and 173; the other letter states it was designed for the water to go between 173 and 169, but where the four corner lots come together there was also supposed to be a run-off that started from the corners and would run across the backyard of 169, then go between 169 and the corner house to the street to enter the drop box.
7:20:51 PM Gulledge Asked if any of the berms were built on Village easements on the corners of the property.
7:21:05 PM Scholl Stated the house at 169 has a fence that is all the way to the ground. Stated he is within a foot off of his property.
7:21:35 PM Gulledge Asked whether Presson has ever been to the property; he was told no. Suggested Scholl give Presson his phone number to set up a meeting to review the situation.
7:22:16 PM Limberg Commented they need to verify with Juneau which letter is correct.
7:22:23 PM Gulledge Stated they will.
7:22:28 PM Scholl Stated he will contact the neighbors to bring their information to the meeting.
7:22:47 PM Gulledge Commented he would rather just review Scholl's problem first; then if they need to they will meet with the other neighbors.
7:23:24 PM Gulledge Asked for other Public Input. There was none. More discussion was held on the Scholl issue. Gulledge reiterated they will review the problem.
7:25:08 PM Gulledge Went to To Do List, page 1. Commented they will go into Closed Session for an update on the union contract. Went to page 2; there were no comments. Went to page 3; there were no comments.
7:25:50 PM Gulledge Went to Trustees' Comments.
7:25:56 PM Limberg Complimented the Park Committee and Presson on the Merz Gazebo lighting, as it looks nice.
7:26:22 PM Bell Concurred. Asked if there is a way to protect the lights with perhaps a screen around them. Presson stated it will detract from the aesthetics.
7:27:13 PM Gulledge Stated the decision was made to try it this way, and if they get damaged they will figure something out.
7:28:24 PM Gulledge Went to Mayor's Comments. Encouraged all to be safe for Halloween. Encouraged all to exercise their right to vote next Tuesday. Asked for a motion to go into Closed Session to discuss Appointment, Employment, Compensation, Discipline, Performance of one or more Employees under 5ILCS120/2(c)1 and on Collective Negotiating Matters between the Village and Firefighters and Public Works Unions and the FOP under 5ILCS120/2(c)2. Motion was made by Bell and seconded by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:13:24 PM Gulledge Asked for a motion to come out of Closed Session. Motion was made by Schmidt and seconded by Kostyshock. Voting on the motion: Schmidt - yes; Limberg - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:13:47 PM Gulledge With no further business to come before the meeting, asked for a motion to adjourn. Motion was made by Schmidt and second by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:14:05 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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The Village of Maryville