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Village of Maryville, Illinois

Description Caucus Minutes
Date8/30/2006 Location Council Chamber
Time Speaker Note
6:30:00 PM Gulledge Called the Caucus meeting of Wednesday, August 30, 2006 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 and Kostyshock. Bell was absent. Garcia arrived late. Also in attendance were Clerk Long, Attorney Wigginton, Village Auditor Jim Ferris, Village Engineer Charlie Juneau, Public Works Director Presson, one (1) citizen and two (2) reporters.
6:30:52 PM Gulledge Called for approval of the August 23, 2006 Caucus 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 Kostyshock and seconded by Schmidt. Voting on the motion: Limberg - yes; Schmidt - yes; Callahan - yes; Kostyshock - yes. Motion carried.
6:31:32 PM Gulledge Went to first agenda item, 2005-2006 Audit, and invited Ferris to the podium to discuss.
6:31:45 PM Ferris 7527 Stonebridge Golf Drive. Commented this is the seventh year he has done the audit. Commented a copy of the audit has been distributed to each Trustee, and invited any questions. Commented he typically highlights some of the areas, as he does not want to go through the entire report.
6:32:53 PM Callahan Asked how the Village is doing. Ferris answered they are doing well.
6:32:55 PM Schmidt Asked if there were areas where they have regressed or improved compared to last year.
6:33:04 PM Ferris Answered regarding MFT, they have taken a hit; however they know what that is from and knew the money was going to be expended. Commented for the most part, everything is on track. Commented regarding water and sewer, they have transferred water softening into this category, where it used to be separate. Commented this results in no longer being able to look at the items individually. Commented it is the nature of Police and Fire to be a drain on the General Fund, as they have the most payroll and expenses. Commented his opinion that for the most part the Village is doing very well and is progressing, making improvements when needed; however it seems the spending is abnormally high. Commented eventually they should slow down and be a little more frugal. Commented his agreement with the fact they are trying to supplement spending with grants. Commented it is nothing he is concerned with, he simply wants to make them aware.
6:35:16 PM Schmidt Responded the Board is often told by Juneau and Attorney that they are behind in some areas compared to other municipalities, which is the reason for some of the improvements and large purchase items. Asked to whom they should be listening.
6:35:46 PM Callahan Commented most communities borrow money. Gulledge commented Maryville does not do that much.
6:35:50 PM Ferris Agreed, saying they use their cash, which is better to do than borrowing on some of the projects; however if there is a big expense it is sometimes best to borrow. Commented he is talking about equipment purchases. Commented he is not an expert regarding such items, he simply sees a lot of expenditures in Streets, Water and Sewer, Police and Fire. Conceded that some of this is paid for by grants.
6:35:54 PM Garcia Arrived and was seated.
6:36:57 PM Schmidt Commented regarding this issue, if they didn't own it they would either have to rent equipment or subcontract the work; therefore sometimes in the long run purchasing is better.
6:37:21 PM Ferris Commented on Presson's purchases of used equipment, which is good. Reiterated he is not concerned, he is simply making the Board aware.
6:37:40 PM Schmidt Asked his opinion of the weakest area, other than watching spending.
6:37:54 PM Ferris Responded he does not believe there is any one area. Commented as Water and Sewer has big items coming in the future, they should possibly start reserving funds for replacement and repairs. Gave the example of the water softening needing to be refurbished again, as they did this not too long ago. Schmidt asked his opinion as to whether there is enough reserve in that area to accomplish this. Ferris answered his opinion is yes in Water and Sewer. Commented there is only $294,000 in reserve currently. Commented Water and Sewer has a lot of cash fluctuation; however it is not like most of the other funds, as that income is mostly from taxes which are invested and used over time. Commented Water and Sewer is a business, and so can have a reserve.
6:40:10 PM Gulledge Added to Ferris' comments regarding MFT: They knew the Route 159 project was coming and was going to be a large expenditure, and so they were saving for that project. Commented the MFT fund looks a little bleak right now, but will bounce back. Commented they didn't have to borrow any money for that project, which is a credit to this Board. Commented regarding Water and Sewer, they have had a lot of major expenditures, one of the biggest being the switch from traditional meters to radio read meters. Commented his estimation they have spent close to $300,000 in the last year on that project, which in the long run will pay off as it will give a more accurate reading. Commented his thanks to the Board and Department Heads, as his opinion is they are pretty frugal. Commented he understands they have spent a lot this year; however they have been saving a long time for it.
6:42:12 PM Ferris Commented they could have almost $10 million in bond debt; however they only have a little over $3 million, so they are no where near their maximum. Commented if something were to happen and they do need to borrow, it can easily be done.
6:42:33 PM Schmidt Asked if there is a credit rating for municipalities similar to an individual consumer.
6:42:37 PM Ferris Answered he believes it is just a bond rating.
6:42:41 PM Callahan Commented they would have to pay for it.
6:42:47 PM Wigginton Commented they do not do that; they buy credit enhancements on their bonds, which is insurance.
6:42:56 PM Ferris Commented regarding NESSE, that is not taxed anymore, as Special Service Areas 1 and 3 are until that debt is paid off. Stated NESSE is completely paid, and all that is sitting in there is the designated cost for that project, less depreciation. Commented his opinion that they should transfer the assets from NESSE into the Water and Sewer, as it is part of that fund.
6:43:48 PM Gulledge Commented his belief they took those funds from Water and Sewer originally. Schmidt concurred.
6:43:54 PM Ferris Asked if the Board ever said they would transfer the remaining assets.
6:44:01 PM Callahan Answered yes, many times.
6:44:04 PM Ferris Clarified whether they did it after it was paid off.
6:44:10 PM Gulledge Answered they did not, but they had discussed closing the account once it was paid off.
6:44:19 PM Callahan Commented his belief they had instructed the money be transferred in the past.
6:44:34 PM Ferris Commented this will set the precedent for the future with Special Service Areas 1 and 3.
6:44:45 PM Gulledge Asked if they need to do that through a Board vote, or can he just authorize the transfer.
6:44:51 PM Ferris Answered he did not know, as he is not an expert in that area. Commented it is not cash, it is just an asset.
6:44:57 PM Gulledge Stated as long as there are no objections, the item will be placed on the agenda for the next Board meeting.
6:45:07 PM Callahan Asked how much is in there.
6:45:07 PM Ferris Answered there is no cash, it is approximately $200,000, which is the original project cost of approximately $225,000 depreciated over time. He indicated he will look at it and call tomorrow with the exact amount so it can be included in the minutes.
6:45:51 PM Callahan Clarified it will be a depreciation amount, not a cash credit. Ferris answered that is correct; it will be an operating transfer.
6:46:09 PM Callahan Asked how this will help the other account.
6:46:11 PM Ferris Answered it will get rid of the fund and lessen the paperwork; it will also show more value in Water and Sewer and increase overall fixed assets.
6:46:57 PM Gulledge Asked for other questions for Ferris. There were none. He thanked Ferris for coming. Went to Agenda items #8 and 9, as Juneau is in attendance and needs to leave for another engagement. Asked to discuss Item #8 first, Old Town Roads and Sidewalk Bids.
6:47:26 PM Juneau Commented they received seven (7) bids on that project. Commented, with the exception of the high bid, the bids were close. Stated the lowest bidder was Petroff Trucking Company in the amount of $1,178,282.12. Stated the engineer's estimate was $1,382,348.69. Stated this is the base bid with the alternate. Stated the alternate is they bid the sidewalks separately, so the base bid included the curb and gutter and roadway; the alternate is for the sidewalks. Stated they have talked with Petroff since the bid opening to get clarification regarding the scope of work. Stated he distributed to the Board a memo of his phone call with Mr. Petroff. Explained the project is concrete, but they will also be doing a lot of asphalt work; he asked Petroff whether he would do the asphalt work himself or subcontracting it, and if so, could he have the subcontractor's name. Stated it is Mr. Petroff's intention to do the work himself, as he has purchased new equipment and has become prequalified with IDOT to do asphalt work. Stated he outlined the conversation that Petroff has now been awarded projects with the City of Edwardsville, City of Fairview Heights, and has also done work for IDOT. Stated these projects will be done well ahead of starting the Maryville project, and Petroff encouraged them to review the projects; if Maryville is unsatisfied with the work product as displayed on those jobs, he would reconsider having a subcontractor do that work. Stated as a backup for any future problems, the contract provisions require the contractor to have the proper equipment and experienced personnel to do the job. Stated if they see inexperienced equipment operators, laborers, or the equipment is insufficient, the engineer has the authority under IDOT specifications to require the general contractor get the right equipment and personnel on the job. Stated he has attached this provision to the memo. Stated with that understanding, it is his recommendation the project be awarded to Petroff Trucking. Clarified the comment made on Number 9 of the phone call memo, when referring to a contractor with which they have recently had problems, that was not Petroff.
6:51:47 PM Gulledge Asked if there were questions for Juneau.
6:52:06 PM Kostyshock Commented Petroff did come under the engineer's estimate, which is a plus.
6:52:15 PM Garcia Asked if the streets would be asphalt or concrete. She was told asphalt.
6:52:19 PM Gulledge Further commented it would be a concrete curb, gutter and sidewalks.
6:52:23 PM Juneau Clarified it would be four (4) inches of asphalt.
6:52:25 PM Schmidt Asked if they decided on four (4) inch curbs. He was told six (6) inch barrier curbs.
6:52:43 PM Gulledge With no further questions, stated the item will be placed on the agenda for next Wednesday's Board meeting. Next, asked Juneau to discuss the change order for the Drost Park Lift Station for a cost of $5,708.40.
6:53:30 PM Juneau Commented there were electric service problems on the project. Explained they are upsizing the pumps at this lift station from five (5) to twenty (20) horse power, which is a big change. Stated he had the manufacturer look at the capacity of the control panel and make changes to it accordingly. Stated they included certain equipment in the control panel for the new pumps; however it was discovered the pumps will draw 59 amps per pump. Stated if only one pump was running, there is a 100 amp service to the existing control panel. Stated during heavy flow conditions, they like the capacity for the second pump to come on. Stated if the two pumps came on at the same time, there would be 118 amps into that control panel for which they only have 100 amp service. Stated the wiring from the transformer was only for 100 amp service. Stated this will only allow one pump at a time to run, which meets peek demand; however again, for a safety backup, they like to have two (2) pumps operational. Stated in speaking with Southwestern Electric, it was decided they need to let the contractor get into their transformer with their observer on site and install a larger wire from the transformer to the control panel. Stated this is all included in the price. Stated they also found out from the manufacturer that they need to upsize the control panel to provide for the 200 amp service, for a cost of $2,300. Concluded the change order amounts to $2,237 for Vandeventer to increase the control panel, $2,000 to the electrical contractor for the increase in wire size, and additional costs for Plocher supervision and overhead profit, making the total cost $5,708.40.
6:56:49 PM Gulledge Asked if this was really needed. Juneau answered yes. Gulledge asked if there were any questions.
6:57:02 PM Callahan Asked when both pumps are operational, how much will be pumped.
6:57:06 PM Juneau Answered approximately 700 gallons a minute. Commented that lift station will provide a lot of relief when the Copper Creek lift station is upsized and online.
6:57:35 PM Gulledge With no further questions, stated the item will be placed on the agenda for next week's Board meeting.
6:57:49 PM Juneau Informed the Board they are closing out the Drost Park comfort station project. Stated the next day they have meetings with the Metro East Park and Recreation District, who will perform an inspection and will obtain the needed documentation for a meeting they will have Tuesday night after which they should be able to cut the check for the reimbursement of approximately $95,000, which was a grant. Stated in order to get reimbursed, they want to see the cancelled checks from the expenditures on the project. Stated they will also be meeting the next day with Steve Gonzales of Illinois Department of Natural Resources for the inspection of the comfort station, pavilion, docks, birdhouses, signage, etc. for the IDNR grant, which is about $98,000. Stated again, that is a reimbursement grant, which should be coming back soon.
6:59:22 PM Schmidt Asked where those reimbursements will go.
6:59:24 PM Gulledge Answered they will go back into the General Fund. Referred to the agenda, and commented they will not be speaking on Number 7, Telecommunication Consolidation Update, as Schardan informed Callahan that nothing has changed as there is a new Director who is not yet "up to speed". Commented Schardan will update them if something changes in the future. Next, went to last agenda item regarding possible zoning changes, and invited comments.
7:00:48 PM Schmidt Commented that the Economic Development Committee is in the preliminary stages of establishing more diverse regulation of zoning of commercial areas. Stated currently they only have B1 and B2 classes. Stated the Committee believes that with the current growth, there is a need for sub-classes and spreading out different types of businesses in more regulatory areas in order to cluster similar businesses. Stated the idea is to split them out in more specified areas for Route 159, Vadalabene and Route 162. Commented this is a very large project and will not happen in a short time. Commented at some point they would bring the project to the Planning Commission for their input, as this will impact a revised Comprehensive Plan. Commented there are certain areas of concern, especially on Route 159, on which this Board may want to take action regarding possible rezoning of questionable areas to short-circuit development of areas not in the Comprehensive Plan as of now.
7:04:19 PM Callahan Commented this Board has been discussing for approximately the past twenty years rezoning Route 159 commercial. Commented his belief that the recommendation was made on the last two Comprehensive Plans, and in 2002 they also recommended parts of Vadalabene and Route 162; however this was never done. Commented his opinion that they focus on Route 159. Stated he does not have a particular opinion on Vadalabene and Route 162, but thinks they should consider that also.
7:05:50 PM Kostyshock Agreed with Callahan. Commented on the need for sales tax, and the fact that people interested in these areas are uninterested in the hassle of getting the area re-zoned. Commented his opinion for the long range program in going a step further in including Donk Street on the east side, and the loop on the west side. Callahan commented his recollection that these were included in the future use map done in 2002.
7:06:58 PM Garcia Asked if they had talked about rezoning a couple of areas if nothing else was done. Callahan answered yes, and indicated the map provided.
7:07:10 PM Wigginton Commented one item discussed for years is re-zoning Route 159 and properties that are adjacent as commercial. Stated in the 2002 Comprehensive Plan there was a future use plan that included areas that were more than just adjacent properties. Stated the project can be done; however it will take time and the involvement of the engineering firm, the legal and the Planning Commission, because ultimately this will have to be considered and approved by the Planning Commission.
7:07:57 PM Kostyshock Commented on the businesses going in on Route 159 such as lawyers, banks, doctors, etc; however they are not getting anything that generates sales tax for the Village.
7:08:09 PM Schmidt Commented rezoning the area commercial will not solve that issue.
7:08:17 PM Callahan Commented there is no consistency in what the Planning Commission has done.
7:08:22 PM Schmidt Agreed; however just simply rezoning will not solve that problem.
7:08:31 PM Kostyshock Reiterated his opinion if they make the process easier, businesses will be more likely to come in.
7:08:39 PM Callahan Commented his question that if the decision is made to rezone this area commercial, regardless of the type of commerce, why do they have to argue at the local level because somebody doesn't want to make a particular piece of property commercial when they've all agreed to make it commercial anyway.
7:09:01 PM Schmidt Commented he does not see a problem going forward with rezoning these areas now, as they are just getting started on sub-dividing the current classifications.
7:09:26 PM Callahan Asked what it takes, other than a vote, to rezone these areas.
7:09:30 PM Wigginton Explained they have to have a petition, which can be initiated by the Village; then a public hearing is held; notice to adjoining property owners is given; then the Planning Commission will submit an advisory report to this Board; then another public hearing is held before this Board; then a vote is taken.
7:09:56 PM Callahan Asked about the legwork to get the parcel information.
7:09:59 PM Wigginton Answered that is the biggest part of the project, which is identifying the properties, after which they identify the adjacent property owners, as required by ordinance. Commented it is a manageable task; however it will be time consuming. Suggested if they plan to rezone everything adjacent to Route 159, do it at one time versus a piece at a time, as this avoids multiple public hearings.
7:10:53 PM Gulledge Commented he was on the Board in the past when they discussed Route 159, at which time the only other current Board member was Limberg. Stated they discussed rezoning Route 159 B1 commercial. Explained there were not enough votes, as they were all in favor at the start; however when they found out the individuals that would be impacted by the decision, a lot of the residents did not understand they could still live in their houses, it would not change their tax rate and would actually make their property worth more if they chose to sell. Stated due to these problems with understanding, it did not get done. Commented before he is willing to spend any of the Village's money, he wants the Board to take a formal vote regarding exactly what they want to do. Commented his agreement with Wigginton that this is not as big a project as the Board is making it out to be. Commented if they choose to pursue this, they need to send information to every property owner directly impacted, outlining what they are trying to do and what the impact on their property is.
7:14:18 PM Wigginton Commented in looking at this in preparation for this discussion, he came up with rough numbers: Going forward with just properties adjacent to Route 159 and turning them into B1 (certain properties will not be re-zoned, as they are already zoned B-2) which would be current SR1, SR2, MR1 and MR2 properties, that would be approximately twenty (20) SR1 properties, fourteen (14) SR2 properties, three (3) MR1 properties, and sixteen (16) MR2 properties. He referred to the map.
7:15:47 PM Callahan Displayed the two-tier use map done in 2002, on which the properties to re-zone are indicated.
7:16:09 PM Gulledge Reiterated, all they are asking for is clear direction so that no one on the Board can claim they did not know certain items would be included, etc. Commented he is in favor of the project.
7:16:29 PM Wigginton Commented he is as well. Stated the reason they want clear direction and support is because inevitably there will be opposition, during which they want to make sure everyone understands the Board directed and supported the action.
7:16:48 PM Callahan Commented the only person that was not on the Board in 2002 is Schmidt; the future use plan was adopted in 2002. Comments were made as to whether Callahan has the most current map. It was determined the map to which he is referring is from May of 2004. Callahan apologized. Commented in that case, all seven (7) Board members agreed to this plan and it was never done.
7:18:12 PM Gulledge Responded the difference is the Comprehensive Plan; no one ever said for sure that was what they wanted it to become. Commented he doesn't remember ever agreeing to change the zoning to match both plans.
7:18:45 PM Wigginton Suggested they put the item on the agenda for next week and vote to rezone the properties shown on the map. Commented the question is whether they want to just do adjacent properties or follow the future use plan worked on in 2004.
7:19:24 PM Gulledge Went to get copies of the map so everyone could follow.
7:19:32 PM Callahan Commented he remembers they went through parcel by parcel and argued whether they would go back one or two lots. Stated in some areas they went back two and three. Stated there is even a note stating one of the large multi-family developments would be rezoned commercial.
7:20:19 PM Kostyshock Commented one thing that might be in their favor is that half of these properties have changed hands since the original discussion.
7:20:54 PM   Discussion ensued referring to the displayed maps. Callahan referred to certain parcels that were identified as potential community facilities properties, whereby if they were sold property owners would have to seek Board approval for commercial use versus public parks.
7:22:35 PM Gulledge Explained the Village can hold these transactions up for one year while they negotiate the purchase of that ground.
7:22:41 PM Callahan Commented his belief that they have identified a piece of property for which the Village has some interest.
7:23:03 PM Gulledge Explained they identified more parks than they will ever build in Maryville. Stated the reason was to gain some control over potential park sites.
7:23:15 PM Schmidt Commented regarding Buffalo Park, saying they could keep that as a designated park area on the Comprehensive Plan. He clarified how it is zoned on the map to which Wigginton is referring. Gulledge answered it looks like agricultural. Schmidt stated he would keep it on the list for zoning, and keep it green on the Comprehensive Plan.
7:24:23 PM Wigginton Commented the Comprehensive Plan will reflect actual zoning and desired zoning. Explained they can't actually zone it to commercial but keep it agriculture on the Comprehensive Plan, as this Plan is the guide for the future. Commented his opinion that they should leave it alone. Commented anyone that buys that property is going to apply for commercial zoning. Arguments ensued whether it was already commercial. Wigginton commented they are falling down the road of picking apart each lot, which was already done in 2004. His suggestion is to stay focused on whether they want this project done, and if so, should they just do properties adjacent to Route 159 or follow the plan put together by the Economic Development Committee in 2004.
7:26:13 PM Callahan Commented it would be easier to follow the 2004 plan, as it is already done.
7:26:24 PM Gulledge Reiterated if they are going to change zoning, they will take a vote, regardless of what was decided back in 2004, as that vote was for a Comprehensive Plan back then.
7:26:46 PM Callahan Argued the recommendation was made from Economic Development and Planning to adopt this as the Comprehensive Plan, but they also made the recommendation to adopt that plan as the current use plan.
7:27:07 PM Gulledge Reiterated if they are going to do it now, they will take a vote as to whether the zoning will follow the Comprehensive Plan so that they are all on record as voting for that change.
7:27:45 PM Garcia Commented her opinion that the problem was a lot of older residents were upset because they did not want to live next door to businesses, which is why they didn't pass it back then.
7:28:16 PM Wigginton Responded they passed and adopted the plan, they just didn't take any action authorizing legal to begin the rezoning proceedings.
7:28:24 PM Garcia Agreed. Reiterated her point regarding older people that did not want the rezoning.
7:28:54 PM Schmidt Commented they will not have much of a problem as the area south of Center and east of Route 159, which is all of Old Town, is already zoned commercial. It was determined that Old Town is residential, and he is looking at the wrong area of the map. After further review, Schmidt concurred. Multiple discussions ensued.
7:30:38 PM Gulledge Suggested they decide what they will do from here.
7:30:56 PM Wigginton Suggested they put it on the agenda for a motion next week, which will give them time to review the issue again and decide in what direction they should go. Reiterated they need formal action from the Board to initiate the petition.
7:31:26 PM Gulledge Repeated, so that he understands, they will make a motion next week to authorize Village Attorney, Mayor and Engineer to begin preparations for rezoning of Route 159, following the current Comprehensive Plan. Questions were raised as to what the Plan includes.
7:32:06 PM Wigginton Clarified they will follow the Comprehensive Plan as it applies to Route 159.
7:32:24 PM Callahan Suggested while they are doing Route 159, they also do Vadalabene. He met no opposition.
7:32:49 PM Gulledge Repeated, so he understands, they will take formal action next week on rezoning Route 159 and Vadalabene Drive to coincide with the current approved Comprehensive Plan. All agreed. Comments were made as to where the meeting will be held so as to allow for extra attendance.
7:33:29 PM Gulledge Went to Public Input and invited anyone in attendance to address the Board. There was none. Went on to Calendar Updates. Mentioned to the Board that Bell is absent due to the report that evening of the death of his grandmother. Commented regarding the Calendar, the Village Hall will be closed Monday in observance of Labor Day. Stated he got the maps from Juneau yesterday, and asked Schmidt whether they were mailed. Schmidt indicated he would do so.
7:35:03 PM Schmidt Asked if the gates are still open at the water tower.
7:35:10 PM Gulledge Answered yes. With no further Calendar Updates, when to To Do List, Page 1. There were no comments. Went to Page 2.
7:35:45 PM Garcia Asked when they would start on the streets in Old Town. Gulledge commented his guess would be October due to procedures yet to be done.
7:36:08 PM Callahan Asked about the Baptist pavilion.
7:36:15 PM Gulledge Commented that is listed as the Super Size Pavilion, and nothing has been decided. Commented they should add hiring of full time park employee for parks under consideration. Went to Page 3. There were no comments. Went to Trustee comments.
7:38:19 PM Limberg Discussed the Planning Commission meeting held Monday. The first item discussed was the B&K Auto Sales and Towing request for rezoning to B-2. Stated that petition was denied by a vote of 4 to 2. Explained the Commission tried to convey to the property owner that if they had proposed B1 they may have had an approval, but B2 was denied. Stated the problem with B2 is that it is too open-ended, leaving open the possibility of multiple variance requests. Stated the second item was a lengthy discussion on increasing green space fees to $750.00. Commented Roger Shoup was present representing the Park Committee, and expressed his desire to increase the fee to $1,000.00; however the Commission took the recommendation of the Board to raise it to $750.00 per parcel. Stated they also recommended that the Park Committee set aside some of the green space fee funds for a park instead of spending it indiscriminately on other things. The third item discussed a request by Summit Ridge Corporation for proposed zoning off of Pleasant Ridge Road. He referred to the map regarding the location. Stated the zoning will be changed to SR2 on one tract and PDR on the second tract. Commented this is not annexed yet, and is just a request for zoning. Commented the reason they want the zoning changed to PDR is not for villas, but for single family units on smaller lots of sixty (60) feet. This request was approved by a vote of 5 to 1. Commented the difference between this development and Vantage Homes is that there is a large amount of green space and tree line. Stated the biggest draw back to this property is it backs up to Interstate 55/70, making a sound barrier necessary.
7:43:32 PM Callahan Asked who voted against it.
7:43:32 PM Gulledge Answered Sharon Frey. He encouraged the Board to understand Limberg's explanation: The Planning Commission is recommending the Board deny B&K Auto's rezoning request from MR2 to B2. Stated if B&K chooses to send this to the Board for a formal vote, the Board will have the final say on that issue. Stated once the recommendation is received from the Planning Commission on the green space fees, they are still required to hold a public hearing on the issue, which will likely take place at the second meeting in September. Commented after the hearing, Wigginton will draft an ordinance and a formal vote will be taken after legal notices have been published. Regarding Summit Ridge Development, this is only a request for a zoning change; it is not even annexed. Commented on the comments he heard when the Board heard "PDR"; reminded the Board PDR gives the Village more control over what is built. Commented in the annexation agreement the current plan is to ask for sixty (60) foot lots. Commented the Board still has the right of approval regarding the annexation agreement before it goes back to the Planning Commission. Explained they cannot formally do anything until the property is annexed.
7:45:40 PM Garcia Asked if it is zoned PDR can he change it to multi- family. She was told no.
7:45:53 PM Wigginton Explained if it is PDR they have to submit a development plan and must be built in accordance with that plan.
7:46:05 PM Gulledge Commented his desire that everyone understands what Limberg explained. Commented nothing happened with Villa Marie, as they did not show up at the meeting.
7:46:12 PM Kostyshock Asked regarding the house already on the property, if he could make that into lots.
7:46:30 PM Gulledge Commented that is a discussion for later.
7:46:32 PM Callahan Commented he has heard from the Osborn's that it is practically impossible to buy a piece of property in Madison County with a house on it, tear it down, put something else on it and make money.
7:46:51 PM Gulledge Commented this is another reason why it is a PDR if the Board choose to approve it, because they will have more control.
7:47:00 PM Callahan Commented his opinion that this is the proper use of PDR, as they have the legitimate reasons of the highway, bad turf, big drop-off, walking trail access, etc. Commented his opinion that some of the things done in the past are not the proper use of PDR, but were ways to enrich developers.
7:47:57 PM Gulledge Asked for more comments on Limberg's report. There were none. Asked if Limberg had other comments.
7:48:05 PM Limberg Commented regarding Villa Marie not attending the meeting; they do not know why they did not attend, but are hopeful they will attend next month.
7:48:28 PM Schmidt Discussed the library district and the need to get some verbiage on a lease on their building, a governmental agreement on supplies provided in the past and what will be done in the future until they get some revenue coming in. Commented it is his understanding that the library district has not yet hired an attorney, so these items may be difficult to accomplish until they hire one. Gulledge commented he is unsure whether they have hired him, but he knows they are working with Phil Lenzini. Commented that is the attorney with whom they worked when the district was being set up. Schmidt suggested calling this attorney to see if he knows what the intentions are. Gulledge commented the library does not have any money and are currently trying to get the second grant that was promised to them; however they do not know when it will arrive. Schmidt reiterated the need to work out an agreement in the near future. Gulledge agreed. Next, Schmidt commented on asking Presson check into a problem about which a resident called him regarding a piece of property on Gary Avenue. Stated the problem was reported by Sharon Frey who lives in the second house in and relates to water runoff. Garcia commented they are supposed to be working on that ditch; however they have not started on the project yet, of which the resident has been informed. Schmidt commented he spoke with Presson who indicated he would look at the problem.
7:51:03 PM Gulledge Commented the problem is the people that live past this resident to the south throw their yard waste into that ditch. Commented he, Garcia and Kostyshock have all reviewed the issue before.
7:51:38 PM Limberg Asked if that is a civil matter.
7:51:43 PM Callahan Commented it is a violation of ordinance to block the drainage system. More comments were made as to the reason for the problem.
7:52:07 PM Gulledge Commented the Village cleans out the ditch, and the resident fills it again, which keeps happening although they cannot prove who is causing the problem.
7:52:31 PM Schmidt Commented it is their property, so they should be responsible regardless of who is dumping the waste.
7:53:02 PM Garcia Reiterated she has told these residents many times that they plan to work on the problem; however they were too busy with storm cleanup to get to it right away.
7:53:25 PM Callahan Requested a report of past and present health insurance costs broken out by single, single plus one and family with a record of what the employee is required to pay, going back five (5) years. Long indicated she would get it to him.
7:53:56 PM Kostyshock Commented they will be starting the oil and chipping program next week, weather permitting. Stated they will do the west side of town, Parkview Lane and Lakeview Acres. Commented they will be down by three (3) employees in the Public Works Department for the next two (2) to three (3) weeks.
7:54:22 PM Gulledge Explained one of the employees, Jimmy, fell and broke his ankle. Stated they are unsure how long he will be out, as it just happened yesterday. Commented on the fact that Dean Lussenheide is still off. Commented the third employee is Gary Mann, who will be off for a couple of weeks due to health reasons.
7:55:11 PM Gulledge Commented on the bid opening on the Allis Chalmers tractor. Explained they only had one bid from Jerry Bohenstiehl for $711.00 Stated his recommendation is to place the item on the agenda for the next Board meeting to take formal action to authorize the sale, as is. Kostyshock commented his opinion this is a good price, as the Village paid $3,000 for it thirty (30) years ago. Next, commented on the green space fees. Explained when the Board adopted this ordinance, it was agreed they would use these fees to buy additional park ground and for maintenance on the existing parks. Stated they have not set any money aside to buy additional park ground; however that is not the Park Committee's fault, as it is the responsibility of the Village Board how that money is spent. Commented the committees only make recommendations. Commented his opinion that some of that money should be set aside, whatever percentage the Board decides.
7:57:57 PM Wigginton Explained this is a legislative duty and cannot be delegated. Stated the ordinance passed in 2002 says they will establish a park improvement fund. He read the ordinance passage verbatim. Explained it says it will be used for acquisition of new ground for parks "and" improvements to existing parks; it does not say "or".
7:58:33 PM Schmidt Asked if they could get a recommendation from the Park Board as to the percentage to set aside so as to justify any future decisions to turn down the Park Board's recommendations for expenditures.
7:59:01 PM Gulledge Commented his opinion the Board needs to set the percentage limit on the Committee. Commented he doesn't care which way it is decided; however they definitely need to set a standard.
7:59:55 PM Limberg Commented his agreement with Gulledge that the Board should set the percentage and the money should be taken out immediately and put into a separate fund. Commented further his agreement that it is not the responsibility of the Committee but of the Board to see that the money is spent appropriately.
8:00:34 PM Wigginton Answered it was the intent of the ordinance to save some of the money; however the Board has allowed the committee to spend all of the money thus far. Gulledge argued that they are viable projects. Wigginton clarified the money has been spent on improvements and doesn't mean it has been spent wrongly, it is just that it has been spent.
8:00:56 PM Callahan Reminded the Board that when they adopted the fee on water, they called it a facility fee but was not specific enough regarding for what they funds would be used. Commented that original ordinance was then amended to allow for specifics versus general spending. Commented his opinion the same needs to be done in this situation.
8:01:45 PM Limberg Commented the Village has set boundaries and will not acquire any more land; properties will not decrease in value, but will increase; the fee will only be received one time, so if they don't set money aside, eventually there will be no further green space income. Commented the need for a broader outlook as to how they spend. Commented the Mayor is working on possible ground to purchase, but if the money is not there, they cannot buy it.
8:02:38 PM Gulledge Commented his opinion that it will be easier if everyone understands there is a clear-cut percentage that must be held back. Commented that number should come from the Board, which will give the Committee some direction.
8:03:40 PM Schmidt Commented on the developments from which they have or will collect green space fees: He can think of Trotters, Tuscany and Amberleigh, and asked what other developments fall under the green space. Gulledge commented they did not receive any for Stonebridge or Remington. Wigginton brought up Keebler Oaks. Comments were made that Keebler did not fall under this fee. Wigginton stated anything post April, 2002 would have fallen into this category. Callahan commented the land between Keebler and Route 157 is within the pre-annexation, so no fees will be generated there. Schmidt commented if they can research how much they have collected, maybe they can come up with a percentage to go from here, even though the prior amounts have been lost. Callahan commented his opinion that the number cannot be very high. Gulledge commented his opinion that it is between $200,000 and $300,000. Gulledge further stated they got $122,000 from Amberleigh. More discussion ensued.
8:05:58 PM Gulledge Stated they should all think about the issue and they will place the item on the next Caucus agenda for discussion.
8:06:12 PM Limberg Commented the Summit Ridge development will generate green space fees, which should be a substantial amount.
8:06:19 PM Garcia Commented the Village always seems to have extra money, but never has money for sewers.
8:06:26 PM Gulledge Answered that is totally different.
8:06:28 PM Garcia Argued no it isn't; they should be able to put some money away to finish the sewers in this town.
8:06:38 PM Gulledge Answered, as they have tried to explain before, sewer money comes from a completely different fund.
8:06:44 PM Garcia Asked why they can't set up a fund. Gulledge answered they could. Callahan asked who would get the sewers. Garcia answered that not all of the town is on sewers. Commented her disbelief that in the year 2006 they still have a town where everyone is not on sewers. Reiterated they come up with money for everything else; why not for sewers. Arguments ensued.
8:07:22 PM Gulledge Explained that for the Park fund, there is a source of money: The green space fees. Garcia asked if they can use green space fees to put in sewers. She was told no. She asked how it could be done. Gulledge answered they can put money aside from funds raised from the water and sewer rate, in which case they could raise rates to accomplish this. Garcia answered they should do whatever they have to do to get the town on sewers. Gulledge explained they just raised rates. Callahan argued that would mean going to existing people and asking them to pay for people that don't have sewers; why would they want to do that. Gulledge commented they are trying to get people to pay for their own sewers. Further arguments ensued.
8:08:29 PM Gulledge Interrupted and asked for other business to come before the meeting. There was none. Called for a motion to adjourn. Motion was made by Schmidt and seconded by Limberg. Voting on the motion: Limberg - yes; Schmidt - yes; Callahan- yes; Kostyshock - yes; Garcia - yes. Motion carried.
8:08:53 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

Produced by FTR Log Notes

The Village of Maryville