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Village of Maryville, Illinois

Description Caucus Minutes
Date3/29/2006 Location Council Chamber
Time Speaker Note
6:30:20 PM Gulledge Called the Caucus meeting of Wednesday, March 29, 2006 to order and asked 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, Bell, Callahan, Kostyshock and Garcia. Also in attendance were Clerk Long, Attorney Wigginton, Public Works Director Presson, Building/Zoning Administrator and Fire Chief Kevin Flaugher, Public Service Officer Jones, one (1) citizen and three (3) reporters.
6:31:21 PM Gulledge Called for approval of the March 22, 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 Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
6:32:00 PM Gulledge Discussed the first agenda item, Bibko Request. Commented that Attorney, Public Service Officer and Zoning Administrator have been working on getting local houses up to code. He asked Flaugher to discuss the matter.
6:32:27 PM Flaugher Commented that Attorney had sent copies of the letter sent to Mr. Bibko about the property at 2421 North Center to the Trustees. Stated at the time of the letter, Mr. Bibko was given fifteen (15) days to submit a rehabilitation plan to the Village. Stated he received a fax on March 24, 2006 from Mr. Bibko, a copy of which was sent to Attorney, asking for an extension of time to determine what repairs are needed and to obtain estimates on the work. Stated since that fax, he received a call from Mr. Bibko from which he understands Mr. Bibko has decided it will not be cost effective to repair the property, and plans to tear down the building. Stated he informed Mr. Bibko the Board would be meeting that evening, and would act upon his request for an extension, and he would be notified of the outcome.
6:33:36 PM Wigginton Commented he spoke personally to Mr. Bibko last week and he advised he was in the process of determining whether to improve the property or sell it; that it was in very bad condition; that it had lost all the plumbing as all of the copper piping had been removed by a previous tenant. Stated he would recommend the Village grant Mr. Bibko a period of time to demolish the home now that he has confirmed that is the proper course of action.
6:34:15 PM Gulledge Commented this is similar to the situation the previous month on West Main. Stated he agrees with granting the extension, as they did the same on West Main. He asked for suggestions on an extension date.
6:35:06 PM Kostyshock Suggested they give him thirty (30) days.
6:35:11 PM Gulledge Stated that puts them an May 1st, which is a Monday, and agrees with Attorney's suggestion. Trustees all agreed. Gulledge stated the item will be put on the agenda for next week's Board meeting. Stated Flaugher can call Mr. Bibko, but they will formally approve the request next week.
6:35:45 PM Callahan Asked Flaugher the status of the other individual that was given thirty (30) days for the property at 6111 West Main.
6:36:05 PM Flaugher Answered he is not sure, but knows that Attorney sent another notice.
6:36:11 PM Wigginton Commented they are tracking down all the individuals that have interest in the property. Stated they had the title report done and there were some mortgages on the property. Stated the property was still owned by an individual who is now deceased, and the property was passed on through his estate but apparently nobody in the estate ever recorded a new deed. As a result, they are in the process of having one of the heirs personally served with a notice of demolition.
6:36:43 PM Callahan Asked about the other property on West Main.
6:36:44 PM Flaugher Answered he was extended until May 1st.
6:36:50 PM Callahan Commented there are two dumpsters on different properties around that location, and asked to which they are referring.
6:36:53 PM Flaugher Answered the property closest to Callahan's house. Commented the other dumpster just appeared the other day, and he is unsure what the property owner is using it for, but thinks it may be for a new roof.
6:37:08 PM Gulledge Stated the Bibko request will be placed on the Board Meeting agenda. Went to next item, Charter Communications' Request, and asked Flaugher to discuss.
6:37:25 PM Flaugher Stated in 2001 Charter came to the Village regarding building a new office building and warehouse. Stated at that time the new ordinance had been passed that they would have to submit and obtain approval of a development plan. At that time they went through the Planning Commission and Village Board and had the plan approved; the Planning Commission approved it in February, 2001, and the Village Board approved in March, 2001. Stated part of the plan involved a landscaping plan; at the time the requirement was that the fenced-in storage area had to be slatted or have some kind of solid covering on the fence to obstruct the view into the lot. Stated in the meantime, Charter requested in lieu of the slating they would be allowed to heavily landscape with staggering tree planting, etc. Stated the Planning Commission agreed as long as the fence they installed had the green vinyl covering on the chain link, which was done. Stated the building permit was issued in March, 2001; they had some contractor problems and there was a lot of construction time involved. Stated he believes the construction was not completed until sometime in mid-2002. Stated at that time they had not completed the landscaping plan. Stated in the time being, Mr. Moore, whom they had previously dealt with, was no longer employed with Charter; he was dealing with Mr. Paul Vogt. Stated they completed their buildings, but were waiting for some parking lot lighting, some landscaping on some islands, etc., and kept putting the Village off on the required landscaping. Stated, to summarize, it is now early 2006, and the landscaping has still not been done. Stated the people he has dealt with in the past have again changed. Stated they told Charter they have a plan that was approved and needs to be completed. Stated Charter came back to the Village and asked if the Board would consider a new landscaping plan. Stated the new plan agrees to do the slating in the fence, but they have also altered their landscaping for in front of the building that is not within the fence. Stated he has both the old and new plans for Board review; they are now waiting for a decision from the Board.
6:40:29 PM Gulledge Commented his understanding from the meeting is that Charter basically wants to cut out the majority of the landscaping plan and put the slats in. Stated he told Charter it meets the ordinance, but they will have to ask the Board. Charter then asked about changing the landscaping towards Division in the front at the entrance of the building. Stated he told them he can't speak for the Board, but he didn't think they would allow too much deviation from the original plan. Stated they brought back a new plan, cutting out most of the landscaping from the previous plan. Stated he told them they would need to submit the request to the Board. Commented that he told Charter he personally would not be in favor of any changes to the original plan.
6:41:47 PM Bell Asked if the new plan has been brought back to the Planning Commission.
6:41:51 PM Gulledge Answered there is no sense bringing it back to the Planning Commission if the Board is going to reject it. Explained his position that he would be in favor of slating the fence and taking out the landscaping in the back of the property; he is not in favor of changing the inside landscape plan previously approved.
6:42:24 PM Bell Commented his opinion is the landscaping should be done according to the original plan.
6:42:48 PM Flaugher Commented the Planning Commission originally pushed for them to slat the fence; but when Charter came up with the landscaping plan that the Commission decided was acceptable and would obstruct the view, they reluctantly agreed to it. Stated they have a very detailed plan on the slats, if the Board wants to review it. Stated the plan is for blue slating and for slating the entire fenced-in area. Stated he is in agreement with Gulledge that he assumed that was going to be the requested change; however when they got the revised plan, Charter had also eliminated a lot of the landscaping in front of the building.
6:44:03 PM Schmidt Asked if they got a variance precluding them from installing slats.
6:44:06 PM Flaugher Answered no, they didn't need one because the ordinance reads that slats or some other material that prevents view is required. Stated the original proposal was heavy and thick evergreen trees staggered every six (6) feet.
6:45:37 PM Bell Asked what kind of penalties are imposed on PD-Bs and PD-Rs for not complying within the allotted time.
6:45:39 PM Flaugher Reminded the Board this is not a PD-B or PD-R; this is just a Development Plan. Stated they are in a B-1 Zoning, so they have to submit a Development Plan.
6:45:54 PM Bell Asked if any plan approved by the Planning Commission has some kind of time line requirement, and if so, what is the penalty.
6:46:08 PM Flaugher Answered he believes it would be the same penalty for any violation of ordinance, i.e., citation, etc.
6:46:19 PM Callahan Commented his belief that Charter will not do anything. He reminded the Board that they have a temporary building that was never supposed to have been hooked up to sewers, etc., and it is now a permanent building. Stated the Village hasn't a leg to stand on, and Charter knows it. Stated he would like to see it slatted and landscaped, but knowing the business they will plant trees and never maintain them.
6:46:47 PM Gulledge Commented that is why he would rather have the slats. Stated his recommendation is to let Charter change the landscaping on the outside fence to slating, but they have to comply with the original plan for landscaping in front of the building.
6:47:21 PM Kostyshock Asked about the back and side of the property.
6:47:22 PM Flaugher Answered that will all be slatted, because the fence is actually all the way around the property line except for the Division Street side.
6:47:37 PM Kostyshock Commented it is not fair for the neighboring houses to have to view a slatted fence, and thinks they should landscape in front of it.
6:47:45 PM Gulledge Commented that Charter agreed to the original plan, and the Board can enforce it if they prefer. More comments were made regarding whether they will maintain the plantings.
6:48:11 PM Kostyshock Asked if they plan to put landscaping on the outside of the fence.
6:48:14 PM Flaugher Stated the current proposed landscaping is in the front at the parking area and islands. Stated it is included on the new plan, however they have cut it way back from the original proposal.
6:48:42 PM Kostyshock Clarified that they were supposed to put the landscaping all around the fence. Flaugher answered yes, in lieu of the slating.
6:48:44 PM Garcia Asked if brown slats would look better than blue. More comments were made as to the preference of landscaping, but the probability that it will not be maintained.
6:49:26 PM Gulledge Asked the trustees their opinion. Limberg commented his opinion is to let them slat the fence but make them abide by the original front landscape plan. Schmidt, Bell, Callahan and Garcia agreed. Kostyshock commented he did not like the slats, and thinks they should landscape around the fence.
6:49:57 PM Gulledge Stated they need to give Charter a date of compliance. Flaugher commented his opinion that they would not need a lot of time to complete the plan. Gulledge asked if ninety (90) days would be okay with everyone. All agreed. Gulledge commented that would make the date of compliance June 30, 2006.
6:51:04 PM Callahan Asked Attorney what happens on July 1 if they have not complied.
6:51:06 PM Wigginton Answered they have two options: They can force their compliance through non-traffic ordinance citations. Stated if they don't have an ordinance that sets forth a penalty, the first Chapter of the revised Code states they have a general penalty of $50 per day not to exceed $750. Stated this applies anywhere there is not a specific penalty within an ordinance. Stated the other option is that if Charter agreed to the original plan and does not comply, the Village can take them to court and have the court order specific performance of the agreement.
6:51:49 PM Callahan Asked if the present day code is more restrictive than they were when the original plan was agreed upon.
6:51:57 PM Gulledge Commented they are about the same.
6:51:58 PM Flaugher Commented they had actually just passed it, and if he remembers correctly, Charter was the first commercial property that was required to do a Development Plan. Stated prior to that, businesses came and got a building permit and that was the end of the process. Stated because Charter was over 5,000 square feet of development improvements, they were required to submit a Development Plan, of which is required a landscaping plan. Stated he believes the ordinance was passed just prior to Charter's proposal in 2000.
6:52:25 PM Callahan Asked if there was an advantage to say that if it is not done by the agreed upon time, they have to renegotiate everything, as they will have the old plan to fall back on.
6:52:44 PM Wigginton Commented he would not advise that, and would explain the reason in Closed Session under Litigation.
6:52:55 PM Gulledge Went to next agenda item, ID Cards, and asked Public Safety Officer Jones to discuss.
6:53:10 PM Jones Stated he included a memo in the Trustee packets. Stated the reason the situation came up was that the Police Department was going to obtain a new ID for his position, and the previous company took a couple of months to provide the ID, plus the price was high. He researched the company, Disc Identity. Stated the representative comes out, does the work, takes photos, obtains signatures, and for the amount the Village needs, the company has indicated they can have them done within approximately one week. Stated he and Chief Schardan took the proposal to the Mayor at the staff meeting, and all were in favor of the product. Stated all thought it was a good idea for Village employees to be able to identify themselves if the need arose.
6:54:13 PM Gulledge Commented the IDs will cost $7.00 each, for eighty-four employees, including the Trustees and himself, for a total of $588. Commented there are times when IDs are needed when dealing with the public. Stated the ID will be required to be on the employee's person at all times while at work.
6:54:42 PM Callahan Asked if it includes the volunteer fire department.
6:54:45 PM Jones Noted they are included.
6:54:56 PM Garcia Asked if it includes the chaplains.
6:55:01 PM Gulledge Answered they could probably add them, and is something they need to think about.
6:55:09 PM Schmidt Asked how the process will be handled as new employees are added.
6:55:45 PM Jones Answered the company gave him a packet, which he will pass around. Stated the price depends on how many are ordered at one time; the more you get, the cheaper they are. Stated 51 to 100 is a cost per piece of $7. Stated 1 to 5 is a cost per piece of $10. Stated for a new employee, they need only call the company, they will come out for the photo and information and will have the ID ready the next day.
6:56:08 PM Limberg Asked what they paid previously.
6:56:10 PM Jones Answered the cost was almost $9 per piece, and it was taking almost two (2) months to receive them. He showed the Board a sample ID.
6:56:47 PM Gulledge Asked trustees their opinion. All were in favor. Stated the item will be placed on the agenda for the next Board meeting.
6:57:11 PM Gulledge Discussed a couple of additions to the agenda that were not received until late Tuesday. Asked Presson to discuss Pay Application #1 from Plocher Construction; then apologized, realizing this was not Presson's issue. Asked if anyone had questions for Presson, as he could be dismissed from the meeting otherwise.
6:58:11 PM Limberg Asked if the item concerning the Stonebridge Villa Association would be discussed this evening.
6:58:22 PM Gulledge Answered he included the correspondence in the packets, as he thought the Board should have a copy of the response. Stated the letter from Stonebridge took issue with a quote in the newspaper from Presson; it was checked and determined that the newspaper miss-quoted Presson. Stated the Association still wants reconsideration of the late fees, but he did not feel they need to revisit the issue. Stated his letter of explanation was explicit, and the fee cannot be waived.
6:59:14 PM Gulledge Went to Park Committee Recommendations, and asked Bell to discuss.
6:59:26 PM Bell Apologized that he does have a question for Presson: Asked about the Boat Dock situation.
6:59:51 PM Presson Answered they have ordered jacks and floats for that situation; extensions were ordered and are in. Stated the floats and jacks are due in within the next thirty (30) days.
7:00:20 PM Garcia Asked Jones if he has checked that all the boats are in compliance.
7:00:26 PM Jones Answered one came in the other day because it is a road that is not traveled much, Mary Knoll. Stated Schmidt and Limberg are familiar with the situation, and they are still trying to decide what to do. Stated the individual is disabled and explained that he does not have a lot of finances. Stated he is still communicating with the individual. Stated he still has one outstanding on West Zupan; the individual is supposed to be moving it this week, and if not he will send a citation. Stated there are no others of which he knows.
7:01:30 PM Callahan Clarified that the Village does not allow more than two of any of these vehicles. Jones answered two trailers, neither of which can exceed thirty-two (32) feet. Callahan asked if there was a situation where there was more than two, would that be in violation. Jones answered yes.
7:01:55 PM Garcia Asked if the tractor-trailer parked in the Methodist Church parking lot is legal.
7:01:59 PM Gulledge Answered he does not know; Jones does not see it, as it happens at night.
7:02:04 PM Jones Commented that Gary Mann brought it to his attention, as it is also running at night, and he told Mann to call the Police Department, as they can enforce ordinances just as he can. Commented if the Police Department does not want to deal with it, that is a separate chain of command.
7:02:15 PM Gulledge Suggested, as a courtesy, to notify the property owner. Comments were made as to who owns the truck.
7:02:45 PM Callahan Asked whether it is in violation because it is running, or just because it is parked. Multiple people answered to the effect that the Village does not allow tractor-trailers to park in residential areas. Jones added unless it is for purposes of delivery.
7:03:17 PM Gulledge Went to Park Committee Recommendations, and asked Bell to discuss.
7:03:39 PM Bell Referred to the first recommendation listed, saying that Forest Relief was contacted and they are out of trees. Referred to the second recommendation listed, saying it was discussed previously. Clarified that, similarly, the playground grant was also previously discussed.
7:04:25 PM Gulledge Discussed the Solid Waste Grant, saying further research was done as to the cost. Stated they discovered the grant is for up to $16,000. Stated after obtaining better measurements, he estimated it would cost approximately $32,000 to do the whole playground. Stated he conferred with Bell and Presson and decided it would be best if they just applied for half and ask for the other half next year if the grant is available. Stated the reason for this is the Park Committee might want to use that money in another spot. Stated if the Board does not agree, they can change it, but he turned in the application for half of the poured surface. All agreed with half.
7:06:14 PM Bell Referred to the fourth recommendation regarding paint, saying the Park Committee chose the main color as Sierra Madre, and trim in Khaki Brown. Stated this blends nicely with the existing stone.
7:06:44 PM Gulledge Asked Bell to discuss the pay requests.
7:06:48 PM Bell Discussed Pay Application #1 for Drost Park in the amount of $93,730.32. Clarified that includes supplies on hand. Gulledge answered they have all the paperwork in the Clerk's office, including sign-off by the architect and a retainage of $10,414.
7:07:50 PM Gulledge Asked if there were any questions. There were none. Stated the project is just about half done. Stated the item will be placed on the Board meeting agenda for payment.
7:08:18 PM Bell Discussed Change Order #1 for Firemen's Park regarding fascia and soffett. Stated they are putting aluminum fascia all the way around the Pavilion and in the gable area; the storage area will be soffetted on the sides. Stated he believes this was already approved.
7:08:51 PM Gulledge Commented he was not aware it was approved, but he knows it was discussed. Stated at the time of discussion they did not have the numbers. He asked if anyone had a problem with the Change Order. No one did. Stated the item will be placed on the agenda for the next Board meeting.
7:09:20 PM Gulledge Explained the Ordinance Adopting a Supplement to the Code of Ordinances. Stated the purpose is to send all the changes already approved; he included it to inform the Board it will be on the agenda next Wednesday.
7:10:16 PM Gulledge Invited anyone from the floor to address the Board. No one did. Went to Calendar Updates. Asked if anyone had items for April.
7:10:56 PM Garcia Asked Bell if he included the item about which she sent an e-mail regarding the open house dedication for the Outreach Center.
7:11:05 PM Bell Stated he has not seen that e-mail, but would check that evening.
7:11:11 PM Callahan Commented the Economic Development Committee meeting will be April 10th at 7:00 p.m. Stated they will review the Village's sign ordinance. Stated he requested Jones be there, as he is sure there will be questions. Stated he asked Schmidt to attend, and informed the Board that anyone else is welcome.
7:11:48 PM Garcia Asked if they are thinking about changing the ordinance.
7:11:49 PM Callahan Answered he did not know; he thinks it is just a review.
7:12:01 PM Schmidt Commented on the large item trash pick up scheduled for the week of April 10th. Stated specific rules can be obtained from Allied Waste.
7:12:37 PM Garcia Commented on the brush drop-off. Gulledge stated it is scheduled for this Saturday from 8:00 a.m. to 12:00 p.m. and May 6th from 8:00 a.m. to 12:00 p.m. Garcia asked that the Mayor's Prayer Breakfast be added for May 4th at the KC Hall at 7:00 a.m. Schmidt stated there is a Memorial Service scheduled for May 30th at 10:00 a.m. in conjunction with American Legion Post 917 and the Ministerial Alliance at the Village Hall.
7:14:47 PM Gulledge Went to To Do List. There were no questions or additions. Went to Trustee Comments.
7:15:28 PM Schmidt Discussed the Planning Commission meeting held last Monday evening. Stated there were three (3) public hearings; the first was regarding proposed amendments to subdivision code pertaining to the updated sizes of water and sewer lines and street signs and lights; the second was a request for rezoning on a Nottingham development on Route 162; the last was a proposed amendment to Ordinance 2004-04, which related to a typographical error. Stated the Planning Commission was going to give the Village Board a favorable recommendation to the changes in the subdivision code for water and sewer lines; however they sent back the recommendations on the street signs and lights because they want clarification in the ordinance of what type of developments in which they would like to see these signs and lights, as well as what zoning areas.
7:16:51 PM Gulledge Commented he thought it was planned throughout the Village; any new developments would include them, and the older parts of town would be added eventually.
7:16:52 PM Schmidt Commented the ordinance did not say that; they questioned the word "may". Gulledge commented they will review it. Schmidt went on to say the Planning Commission was going to send a favorable recommendation on the rezoning request for the Nottingham development which is currently not in the Village; therefore they will recommend it only on the condition of annexation approval. Stated there was no problem with the amendment to Ordinance 2004-04.
7:18:04 PM Callahan Asked Schmidt to repeat the situation regarding the Nottingham development.
7:18:07 PM Schmidt Stated there is an individual that owns approximately 26 acres just west of the lane that goes to the Nottingham Lodge. Stated he is proposing a PD-R type development to the Village and went before the Planning Commission to get a recommendation on the rezoning if and when the property is annexed.
7:18:43 PM Callahan Asked if they determined if the existing adjacent property owners were notified.
7:18:50 PM Schmidt Stated there were representatives at the meeting and had no objection.
7:18:56 PM Callahan Asked if they are 100% sure that the property can be sewered by Glen Carbon/Edwardsville.
7:19:05 PM Gulledge Answered they met with Glen Carbon, and there does not seem to be a problem.
7:19:17 PM Callahan Commented technically if they can't reach those sewers they cannot build the development anyway by County rules. Gulledge commented Maryville would not allow them to without sewers. Callahan commented the Village can't because they abide by the County rules. Gulledge commented he did not think the Board would allow it, regardless of the County.
7:19:46 PM Bell Asked, regarding the Firemen's Park Restroom, whether a Change Order would be submitted for interior painting at no charge to the Village so that the agreement is in writing.
7:20:02 PM Gulledge Commented he has not seen one, however he was told it would be.
7:20:19 PM Callahan Asked if the Cange property on East Main is in Village limits. He was told yes. Stated the property owner told him she almost hit a squad car, as she has a "hidden" driveway. Stated she asked if it was possible to consider erecting a sign, as it is not the first time it has happened.
7:20:49 PM Gulledge Stated they will take a look at it; according to ordinance they send the Police Chief to review the situation and he makes a recommendation as to whether a sign is needed. The location of the property was displayed via computer.
7:21:59 PM Gulledge Discussed the recommendation from Juneau regarding final payment to Petroff. Stated he has no problem doing this as long as Presson agrees that all issues are resolved. Stated it will be placed on the Board Meeting agenda for payment upon completion to Presson and Juneau's specifications. Announced the Ground Breaking for the new Villa Marie Winery on East Main Street scheduled for April 6, 2006 at 11:00 a.m. Callahan asked for clarification via the computer display of the exact planned location of the building. Gulledge commented it is west of Bobby's house four or five hundred feet. Stated the Budget will be included in the packets next Tuesday, which will give the Trustees a full week to review, ask questions, make comments, and it will be reviewed at the first Caucus meeting in April, scheduled for April 12th. Stated each Department Head will try to have an explanation on each line item. With nothing further to discuss in Open Session, asked for a motion to go to Closed Session. Commented that the Closed Session will not be long, and no action will be taken.
7:26:26 PM Wigginton Asked for a motion to go into Closed Session to discuss the purchase, lease, or exchange of real property for the use of a public body; specifically for purposes of discussing the terms and conditions of an exchange of property between the Village and a citizen in Maryville, pursuant to 5ILCS118/2c5. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:39:39 PM Gulledge Asked for a motion to come out of Closed Session. Motion was made by Schmidt and seconded by Bell. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:40:05 PM Gulledge With no further business to come before the Caucus meeting asked for a motion to adjourn. Motion was made by Schmidt and seconded by Garcia. Voting on the motion: Limberg - yes; Schmidt - yes; Bell - yes; Callahan - yes; Kostyshock - yes; Garcia - yes. Motion carried.
7:40:28 PM   The meeting ended.

Respectfully submitted,

Thelma Long, Village Clerk

Produced by FTR Log Notes

The Village of Maryville