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Village of Maryville, Illinois

Description Board Minutes
Date2/21/2007 Location Council Chamber
Time Speaker Note
7:00:07 PM Gulledge Called the Board meeting of Wednesday, February 21, 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 Limberg, Schmidt, Callahan, Kostyshock and Garcia; Bell arrived later. Also in attendance were Clerk Long, Attorney Wigginton, Public Works Director Presson, Public Service Officer Jones, Building and Zoning Administrator/Fire Chief Flaugher, four (4) reporters and two (2) citizens.
7:01:09 PM Gulledge Called for approval of the February 7, 2007 meeting minutes. He 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.
7:01:33 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 were none. Motion to pay was made by Limberg and seconded by Kostyshock. Voting on the motion: Limberg - yes; Schmidt - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:02:02 PM Gulledge Went to Communications.
7:02:11 PM Long Presented a letter of resignation from Terry Drenkhan dated February 20, 2007. She read the letter in its entirety. Presented an e-mail addressed to the Mayor from John and Cheryl Ridgeway resigning from the Maryville Community Improvement Board. She read the e-mail in its entirety.
7:03:06 PM Bell Arrived and was seated.
7:03:13 PM Gulledge Asked for a motion to place the Communications on file. Motion was made by Garcia and seconded by Kostyshock. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:03:36 PM Gulledge Asked Kostyshock and Callahan to bring up the Drenkhan and Ridgeway resignations, respectively, under New Business/Trustees Comments.
7:03:52 PM Gulledge Commented the first agenda item is Legal Matters; however he had a request from Joe Osborn to address the Board prior to the discussion of Legal matters. All Trustees were in favor of allowing Osborn to the podium to speak.
7:04:24 PM Joe Osborn 1 Stonebridge Crossing, Maryville, Illinois. Thanked the Board for the opportunity to address the issue of the Remington agreement. Explained he is the developer of Remington, and is in the process of doing the second addition. Discussed the agreement with the Village in which Osborn Development will be required to offset the cost of improving Lakeview Acres Road. Commented his agreement with this improvement as well as his company helping with the cost; however he disagrees with the actual cost the Village has indicated should be charged to his company, per lot. Stated under the current ordinance it states anyone that develops on an existing street owning the ground on both sides is required to pay 100% of the cost of improvement; and owning the ground on one side is required to pay half the cost of the improvement. Stated he spoke with the Village previously to indicate his opinion it is unfair that the property owners on either side bear the cost, while the owners of the land behind it do not pay anything. Stated for this reason he suggested the agreement should be on a per-lot basis. Explained they have 210 proposed lots in the preliminary plat; he took the cost of the streets they installed using curb per foot and asphalt per square yard with additional figuring on storm sewer, and for the section in front of his development he came up with an approximately cost of $370,000. Stated dividing this figure by 210 lots at 100% of the cost it comes to approximate $1,700 per lot. Commented he does not own both sides of the street, so he feels it would be even less. Stated he understands the Village obtained estimates from someone that says the street will cost more, which is where they came up with the $2,235 figure. Stated his opinion the number the Village is using is unfair, and he is not sure the Village has the legal right to force him to pay the amount when the ordinance says he must improve the road. Stated he has no problem improving the section in front of his development; however he understands the Village is attempting to get grants to improve the entire road at once, which is why they want the money.
7:07:26 PM Schmidt Asked if Osborn was involved in any of the discussion that resulted in the draft of the agreement.
7:07:32 PM Osborn Answered no. Schmidt asked if his attorney was. Osborn answered no. Explained his brother dropped off a copy of an agreement from Glen Carbon. Explained Glen Carbon's agreements are based on when the ground is annexed. Stated his opinion that they cannot come back after everything has been approved and force the developer to pay more.
7:08:12 PM Schmidt Asked if Osborn has read through the agreement in its entirety. Osborn answered yes. Schmidt asked what portions he does not agree with. Osborn answered he has no problem with the agreement other than the dollar amount. Schmidt commented even though they have an ordinance in effect now that the Village could require Osborn to do half the work.
7:08:35 PM Osborn Answered it would be less expensive for him to build the road than to pay the fees as listed in the agreement.
7:08:47 PM Schmidt Commented his opinion that for the past two to three years he has been more of a developer versus a builder of residential homes. Osborn concurred. Schmidt further commented the cost of the lots will be tacked on to the building permit for whomever he sells the lots to. Osborn concurred. Schmidt asked if Osborn's concern is whether or not he will be able to sell lots once the additional fees are made known.
7:10:05 PM Osborn Answered yes; a builder building in this subdivision compared to building in any other subdivision has to compete with those people on the price of their product. Stated if there is a fee in this subdivision that is not in others, it will effect the profit in the house.
7:10:26 PM Schmidt Commented a lot of the homes in Remington are some of the least expensive new homes available in Maryville.
7:10:51 PM Osborn Answered his opinion that Trotter's Run are the least expensive homes; the Remington homes will be approximately $200,000. Schmidt commented the homes in the first addition were not that expensive. Osborn agreed.
7:11:19 PM Gulledge Commented that Osborn has a few items wrong. Explained the Board hired Crawford Buente and Braemeier, an independent firm, in the interest of looking at the ordinance pertaining to improving streets and roads that need work. Stated one of the things taken from the initial meetings with Osborn a few years ago was the sense of fairness, as mentioned. Explained anyone coming in behind his development that will also use that road will pay the $2,235 figure. Explained these numbers came from CBB; he had Juneau run some numbers which came back at $471,000 for half of the road for 1,714 feet of frontage that Osborn has. Stated if his figures are right, he has 76 lots at $2,235, which is $169,860. Explained if they used the $471,000 figure, Osborn would be out another $301,140. Commented no where in the existing ordinance does it state that the developer puts in the roads; it says they are responsible for the expense. Stated he understands his feelings, but they have known for over a year there would be a road improvement impact fee of some type. Commented if they believe the fees are unfair, they cannot be forced to sign the agreement. Explained the Village's feeling was, in a sense of fairness, they should charge by the lot versus the developer fronting the money, which is what the current ordinance says. Stated if Osborn is uncomfortable signing the agreement, they will pull it from the agenda.
7:15:16 PM Callahan Asked where in the agreement it states it is not just the people on the road frontage.
7:15:32 PM Gulledge Answered that is within the agreement.
7:15:37 PM Wigginton Commented, as indicated in the past when they went through the study with CBB, there are two ways to obtain compliance in a road improvement program: Through a development agreement for those properties located within the corporate limits, or through an annexation agreement. Stated any properties behind Remington or further out and not in the corporate limits, if they ever want public utilities, they will have to sign an annexation agreement. Stated their fee will not be less than what is in this agreement. Stated he included verbiage as such in this agreement. He read the section in its entirety.
7:17:08 PM Gulledge Explained they are not trying to penalize Osborn for their 76 lots; whoever else that builds behind them and uses Lakeview Acres Road for access, on either side, they will also pay for the usage of that road.
7:17:38 PM Osborn Handed out a copy of the existing ordinance as given to him, which he highlighted to show it says the developer shall improve the street.
7:18:17 PM Wigginton Explained they are looking at a code that no longer exists. Stated they should be looking at Section 154.054 of the revised code, which is similar in nature. Stated the one that Osborn handed out does not include the very first sentence in the current ordinance.
7:18:39 PM Gulledge Explained the ordinance handed out is the one they must go by, as this is a second addition.
7:18:51 PM Osborn Commented in conclusion, he agrees with the whole agreement except for the dollar amount, as he does not believe they need that much per lot to build the road. He thanked the Board for their time.
7:19:11 PM Gulledge Confirmed that Osborn wants the Board to go forward with the approval of the agreement. Osborn indicated he does.
7:19:19 PM Gulledge Went to Legal Matters and asked attorney to discuss.
7:19:21 PM Wigginton Presented the development agreement that has been the subject of negotiation with Don and Joe Osborn of Osborn Development Inc. Stated this agreement pertains to 76 single family residential units located in a subdivision to be known as Second Addition of Remington Place. Stated it provides the developer and Village agree that the new development will generate additional traffic on Lakeview Acres Road and the road must be improved to handle the additional traffic. Stated it also recognizes the fact the Village has studied the issue and commissioned the traffic engineering firm of Crawford Buente and Braemeier to perform a roadway improvement study, which has been discussed in detail in several meetings over the past year. Stated the developer and Village agree the developer shall pay a roadway improvement fee in accordance with the fee schedule, which calls for $2,235 per unit in 2007. Explained the fee was a subject of public hearings and meetings last year. Stated this agreement will be binding on the developer and Village and their successors or assigneds. Stated the developer, its successors or assigneds shall pay the roadway improvement fee prior to or at the time an application for a building permit is submitted to the Village. Stated the issuance of the building permit shall be conditioned upon the receipt of payment for the roadway improvement fee for that lot. Stated the Village will not be held liable for the refusal to issue the building permit if the roadway improvement fee is not paid. Stated they have also agreed that any funds received for the roadway improvement shall be placed in a separate account titled "Lakeview Acres Road Improvement Account", which will be an exclusively dedicated account for payment of roadway improvements, repairs and maintenance on that road. Stated they will establish a similar account for agreements pertaining to Pleasant Ridge Road.
7:22:49 PM Wigginton Presented Ordinance 2007-09, authorizing the Village to enter into a development agreement with Osborn Development Inc. relating to the second addition of Remington Subdivision. He read the ordinance in its entirety.
7:23:58 PM Gulledge Called for a motion to approve Ordinance 2007-09. Motion was made by Limberg and seconded by Kostyshock.
7:24:33 PM Callahan Commented to Joe Osborn that there is no ordinance requiring this agreement. Stated CBB made the recommendation and the Board decided to come up with this format and use it any time developers came in for negotiations. Commented there is no ordinance, this is just a negotiated agreement. Stated he was under the impression they would have to vote on the particular agreement, but he has been told they do not. Explained this is something that is negotiated with each developer that comes in.
7:26:04 PM Schmidt Asked for clarification from attorney that they are voting to give the Mayor the power to negotiate the agreement. Mayor answered they have already negotiated it. Schmidt responded he heard Osborn indicate they are not in agreement.
7:27:05 PM Wigginton Explained this ordinance authorizes and directs, at the Board's order, for the President to sign the document that is attached. Stated it will not be further negotiated, because the only document he can sign is the one attached. Explained the developer can refuse to sign the agreement and the Village cannot force them to. Explained he does not want anyone to think that Mr. Osborn does not know what he is signing; it is his decision whether or not to sign it.
7:28:24 PM Schmidt Asked regarding paragraph 6, it references other agreement by other developers adjacent to or adjoining Lakeview Acres Road. Wigginton commented it is missing a word, as it needs to read "accessing" as well. Schmidt asked if passing this ordinance means that other agreements similar to this one will be tendered with other developers.
7:29:24 PM Wigginton Responded they will tender similar agreements; however they cannot force the developer to sign it. Stated if they do not wish to sign it, they will force them to live by the current wording in the ordinance which requires the developer to put up all the money up-front.
7:29:53 PM Garcia Asked if they don't sign the agreement, does that mean they don't annex into the Village.
7:29:56 PM Wigginton Answered no, this is not about annexation; it is simply about road improvement. Stated in order to have the final plat signed, they have to improve Lakeview Acres Road. Stated there are two ways to do that: Either follow the current ordinance which the developer believes is unfair, or negotiate an agreement, which is what has been done.
7:30:20 PM Gulledge Responded the Osborn's are under no obligation to sign it.
7:30:25 PM Garcia Clarified if they don't sign they will have to pay up-front.
7:30:30 PM Gulledge Answered if they decide to develop the property they have to pay all their fees. Stated in order for the Mayor to sign their plat, the fees must be paid.
7:30:44 PM Callahan Asked if the Osborn's decide not to sign the document and decide to build the lots, would they be responsible for building half of the road.
7:31:03 PM Gulledge Answered they are not going to build anything; they will give the Village the money to build it.
7:31:16 PM Wigginton Commented they can agree to disagree, at which point a third party will have to decide the dispute over who builds the road. Stated in the meantime there will be no lots built.
7:31:40 PM Gulledge Concurred. Asked for other questions. There were none. Asked for a roll call.
7:31:47 PM Limberg Commented if Osborn does not sign the agreement they can't develop anything because Mayor will not sign the plat, so they can't proceed.
7:32:01 PM Wigginton Wants to make sure the record is clear: They can proceed; however they have to proceed with all the money up-front. Stated the money calculated is approximately $471,000. Reiterated they can proceed.
7:32:27 PM Bell Commented this agreement says they will pay $2,235 times 76 lots that they own, which is approximately $160,000; the rest of the money will come from other developers that access that road. Stated this is actually a lot cheaper than the original ordinance. Stated the Board agreed on the road impact fees.
7:33:21 PM Callahan Commented he had another developer question him. Stated he is going to vote for it, as Osborn has the option to turn it down. Stated the difference is if they require him to build the road, he would have to build it. Stated the Village is not required to build it; they are putting the money in a pool in the hopes that someday they will get enough money to build it. Stated they will build it, but it will take a while. Stated another developer had the argument that he is giving the money, but they might start at the other end of the road and not get to his development for five years. Stated he thinks there are some problems with the agreement. Stated the main thing is they are not obligated to build the road right away, nor are they obligated to start at any certain spot.
7:34:27 PM Limberg Commented it is unfortunate that the Board did not see that the area would develop as quickly as it did and that the condition of that road would not support that development.
7:35:05 PM Gulledge Stated they have a motion and second on the floor. Asked for a roll call. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:35:36 PM Gulledge Asked for other Legal Matters. There were none.
7:35:40 PM Gulledge Went to Old Business.
7:35:58 PM Kostyshock Made a motion to approve Pay Request #1 from D&K Backhoe in the amount of $123,660.43 for the Copper Creek Lift Station Improvement Force Main Extension and 18" Interceptor, contacts A and C.
7:36:21 PM Gulledge Asked for a second to the motion. Second was made by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell -yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:36:58 PM Kostyshock Made a motion to purchase two tapping machines from HD Supply in the amount of $2,944. Stated this is the lowest bid of four (4).
7:37:13 PM Gulledge Asked for a second to the motion. Second was made by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:37:45 PM Garcia Made a motion to approve insurance policy changes to the Employee Personnel Handbook (copy attached).
7:37:53 PM Gulledge Asked for a second to the motion. Second was made by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:38:34 PM Gulledge Went to New Business/Trustee Comments.
7:38:39 PM Limberg Commented there is a Planning Commission meeting scheduled for Monday at 7:00 p.m., to which all are invited.
7:39:07 PM Schmidt Asked that the Trustees review the booklet on the AT&T Light Speed issue. Commented the meeting is scheduled with the representative on March 6 at 10:30 a.m. Requested that attorney try to make it to this meeting. Asked Trustees to submit questions to him or Mayor so they can be asked at that meeting.
7:39:39 PM Callahan Asked if there was a time frame on the project.
7:39:48 PM Schmidt Answered no; however from the short conversations he has had with the representative, they are eager to start.
7:39:56 PM Gulledge Commented they have been talking to Collinsville for a while now.
7:40:10 PM Callahan Made a motion to accept the resignation of John and Cheryl Ridgeway from the Maryville Community Improvement Board.
7:40:21 PM Gulledge Asked for a second to the motion. Second was made by Kostyshock. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:40:50 PM Kostyshock Made a motion to accept the resignation of Terry Drenkhan from the Public Works Department effective March 2, 2007 at 4:30 p.m.
7:41:06 PM Gulledge Asked for a second to the motion. Second was made by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:41:36 PM Gulledge Went to Calendar Updates. Commented on the Planning Commission meeting scheduled for next Monday; commented on the last Discovery Series scheduled for Sunday regarding gardening. Garcia asked how the program is going. Gulledge answered very well. Went to March.
7:42:27 PM Callahan Commented on the Community Improvement meeting scheduled for the first Monday, March 5, at 7:00 p.m. at the Village Hall. Gulledge commented they are looking for a couple of new members.
7:42:51 PM Gulledge Asked for other Calendar Updates. There were none. Went to Staff Reports.
7:43:01 PM Flaugher Commented there are two public hearings on the Planning Commission agenda for parcels annexing into the Village which are potential developments. Stated the public hearings are for the zoning requests on both parcels. Stated also on the agenda are the preliminary plat reviews for both. Stated the other item is the preliminary development plan for Villa Marie Winery.
7:43:39 PM Gulledge Asked if there were any questions.
7:43:41 PM Callahan Asked how they will get sewers to the winery.
7:43:45 PM Flaugher Stated they have worked it out with Juneau and plan to do a force main to the gravity flow at East Main near the bike trail. Stated the easements are already in place from Mr. Meier. Next, Flaugher asked Bell to add the Fire Department Chicken and Beer Dance on March 24th at 7:00 p.m. Tickets are $20 per person and will be held at the VFW in Collinsville. Stated the band playing will be "Who's Driving", which is a band that played at the last homecoming for which they received a good response. Commented the previous band, "Dixie Express" became quite costly.
7:45:17 PM Garcia Asked if the parade theme has been decided.
7:45:22 PM Flaugher Answered it is under discussion, but he has not yet heard the final decision. Commented the Auxiliary is in charge of the parade and determines the theme each year.
7:45:38 PM Gulledge Asked for other questions for Flaugher. There were none. Went to Public Service Officer; there was no report and no questions. Went to Public Works Department; there was no report and no questions. Went to Clerk's office; there was no report and no questions.
7:45:59 PM Gulledge Went to Business from the Floor. There was none. Went to Mayor's comments. Reported Allied Waste monthly totals: 224.29 tons of trash curbside pickup; 26.02 tons of recyclables; yard waste not available. Next, announced the request for re-zoning of Wynncrest Corporation from agriculture to PDR and SR2 has been withdrawn from the agenda for Monday night's Planning Commission meeting and public hearing. Garcia asked which development this is. She was told the one on Pleasant Ridge by the interstate on the west side.
7:47:33 PM Gulledge With no other business to come before the meeting, asked for a motion to adjourn. Motion was made by Schmidt and seconded by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:48:01 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

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The Village of Maryville