Regular City Council Meeting
Monday, June 19, 2006
The Mt. Vernon City Council met in Regular Session on Monday, June 19, 2006, at 7:00 p.m. in the community building at Veterans Park.
Mayor David E. Keen called the Regular Meeting to order and Reverend Travis Perry gave the invocation. The Pledge of Allegiance was given.
Roll call showed present: Council Member Ricky D. Heck, Council Member Shirilyn Holt, Council Member John Howard, Council Member Mike Walker and Mayor David E. Keen.
The journals for the January 20, 2004, March 15, 2004, April 19, 2004, May 3, 2004, May 17, 2004, June 21, 2004, July 6, 2004, October 4, 2004 December 6, 2004, March 21, 2005, May 2, 2005 and September 6, 2005 City Council Executive Sessions, June 5, 2006 Regular City Council Meeting and June 9, 2006 City Council Workshop Meeting were presented for any additions, corrections or deletions. Motion by Council Member John Howard to approve the journals as presented. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
The Consolidated Vouchers for Accounts Payable for June 2006 in the amount of $ 879,172.59 were presented for Council consideration. Motion by Council Member John Howard to approve the Consolidated Vouchers for Accounts Payable for June 2006 in the amount of $ 879,172.59 as presented. Second by Council Member Mike Walker. Yeas: Heck, Holt, Howard, Walker and Keen.
City Manager Roy L Payne stated that bids had been received for the Development of the Greenways and Trails Plan for the Mt. Vernon Area. Mr. Payne asked Mrs. Bonnie Jerdon of the Convention and Tourism Department to report on the bids. Mrs. Jerdon stated that she had been working with a group interested in bringing multi-purpose trails into the Mt. Vernon area and connecting them to communities in our area. The City applied for and received a $20,000.00 grant from IDNR to do a trail plan. Three proposals were received and all are very different and each has individual merit. Mrs. Jerdon stated that after looking over the proposals, staff is recommending the acceptance of the proposal from Massie and Massie and Associates. The amount of the proposal is $ 20,000.00. Mrs. Jerdon stated that this amount would be for the development of maps and to help with the grant work to receive grant funding from IDNR and IDOT and any other sources. City Manager Roy L. Payne concurred with the recommendation of staff. Motion by Council Member John Howard to approve the acceptance of the bid from Massie and Massie and Associated for the Development of the Greenways and Trails Plans for the Mt. Vernon Area in the amount of $20,000.00. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
City Manager Roy L. Payne stated that bids had been received and opened for Materials for the Annual Street Program. Mr. Payne asked City Engineer John Porter to present the bids. Mr. Porter stated that the bids were opened today with IDOT representatives. There was only one bid for the asphalt portion of the project. Mr. Porter stated that that is fairly typical because there is only one asphalt plant in the close area. Mr. Porter went through the bids and then stated what the projected estimates were.
MFT Estimate Jax Bid
Oil for the oil & chip streets $ 1.25 per gal $ 1.18 per gal
CA-16 – chip s $17.00 Ton $16.75 Ton
TOTAL $ 72,036.25 $ 69,206.15
2) Bituminous patch $ 35.00 T $ 41.91 T for 275 Ton
TOTAL $ 9,625.00 $ 11,525.25
3) Other patching materials $ 44.00 T $ 53.30 T for 225 Ton
TOTAL $ 9,900.00 $ 11,992.50
4) Bituminous Concrete asphalt $ 34.00 T $ 44.96 T for 2,539 Ton
TOTAL $ 86,326.00 $ 114,153.44
Primer Oil for prepping the street $ 1.65 Gal $ 2.26 Gal for 3,400 gal
HFE 90
TOTAL $ 5,610.00 $ 7,684.00
TOTAL ITEM 4 $91,936.00 $ 121,837.44
TOTAL MFT $ 183,497.25 $ 214,561.34
GENERAL CORP.
Bituminous Concrete Overlay $ 34.00 T $ 44.96 T for 544 Ton
TOTAL $ 18,496.00 $ 24,458.24
HFE 90 $ 1.65 $ 2.26 for 729 Gal
TOTAL $ 1,202.85 $ 1,647.54
TOTAL $ 19,698.85 $ 26,105.78
CA Crushed Stone $ 10.00 T $ 10.80 T for 1,200 Ton
TOTAL $ 12,000.00 $ 12,960.00
TOTAL GENERAL CORP $31,698.85 $ 39,065.78
TOTAL BIDS $ 215,196.10 $ 253,627.12
City Manager Roy L. Payne asked if all of the streets to be milled have been. Mr. Porter stated that possibly omitting a street or two to come within the budgeted amount. City Manager Roy L. Payne stated that if the street has already been milled it might not work because of storm water run off. Mr. Porter stated that in those cases, a prime coat over the milling would hold the street until the next year, then final coat the street. Mr. Porter stated that the street paving work should start in a week or so. Staff recommended that the City accept the low bid from Jax Asphalt for all of the materials and talk later on how to manager the amount of money at the next meeting. City Manager Roy L. Payne stated that he would concur that the bid from Jax Asphalt as the local bidder be accepted then discussion on any changes to the work be made later. Motion by Council Member John Howard to accept the bids from Jax Asphalt for the materials for the MFT and General Corporate Street materials and have staff give Council ideas and suggestions at the July 5 meeting on how to handle the differences. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
CITY MANAGER
City Manager Roy L. Payne stated that he had a request to close Lake Street, Magnolia and Columbia Street for the Annual Fourth of July Block Party. The request came from Mr. Ken Werts. Motion by Council Member John Howard to Allow the Closure of Lake Street, Magnolia Street and Columbia Street for the Annual 4th of July Block Party. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
CITY ATTORNEY
City Attorney David R. Leggans presented for Council’s consideration the Second Reading of an Ordinance Combining the Zoning and Planning Commission. City Manager Roy L. Payne stated that by combining these two committees into one, it would allow residents to go to only the one commission. This will streamline the government process for the people. Motion by Council Member John Howard to Adopt Ordinance # 2006-23, an Ordinance Combining the Zoning and Planning Commissions. Second by Council Member Mike Walker. Yeas: Heck, Holt, Howard. Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration the Second Reading of an Ordinance Annexing Property Located at 816 Old Fairfield Road for Petitioning Parties Louis III and Heather Beckley. City Manager Roy L. Payne stated that basically this is an Annexation for garbage collection. Mayor Keen asked if anyone was present to speak in favor or against this Ordinance. No one was heard. Motion by Council Member Mike Walker to Adopt Ordinance # 2006-24, an Ordinance Annexing Property Located at 816 Old Fairfield Road for Petitioners Louis III and Heather Beckley. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Amending Section 2.5 of the Revised Code of Ordinances. City Manager Roy L. Payne stated that this is basically a statute update to make our Ordinance comply. The Ordinance is regarding fireworks. First Reading was held.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Regarding the Prevailing Wage Rates. City Manager Roy L. Payne stated that this is an Annual Update of the Prevailing Wage Ordinance that is passed each year about this time. Motion by Council Member John Howard to Suspend the Rules to Vote on an Ordinance. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen. Motion by Council Member John Howard to Adopt Ordinance # 2006-25, an Ordinance Regarding the Prevailing Wage Rate. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Approving Two Police Cars as Surplus Property. City Manager Roy L. Payne stated that the vehicles need to be sold. Staff asked for suspension. Motion by Council Member John Howard to Suspend the Rules to Vote on an Ordinance. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen. Motion by Council Member John Howard to Adopt Ordinance # 2006-26, an Ordinance Approving Two Police Cars as Surplus Property. Second by Council Member Mike Walker. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for First Reading an Ordinance Amending Article 9, Section 9.8 and 9.9 Relating to Fireworks. City Manager Roy L. Payne stated that he would like Fire Inspectors Kevin Sargent and Don Hayes to address this change. Inspector Sargent stated that the Governor had signed a new law regulating consumer fireworks. The new law came into effect on January 1, 2006. Mr. Sargent explained the current Ordinance and the changes in the new Ordinance. The new law makes the Fire and Police Departments the regulatory agents on this issue. The City’s Ordinance has to be changed to meet the State Regulations before this can be done locally. Mr. Sargent explained the point system for the explosiveness of the items. Mr. Sargent stated that there is a need for consumer training before the public can sell or use fireworks. The prohibited types of fireworks were discussed. Mr. Sargent stated several times that ALL fireworks are dangerous. The training fees were discussed. Mr. Sargent stated that a consumer would have to go through the training, receive a certificate and register with the Fire Department, then show the certificate when purchasing the fireworks. Any site in the City would need to be inspected so they can set the fireworks off. City Attorney David R. Leggans stated that the Ordinance would not affect any novelty items that have previously been sold in the City. Mr. Leggans stated that the current Ordinance prohibits sale of fireworks from a tent. This Ordinance was drafted on an emergency basis for this year due to the changes. For this year it will be allowed. The fees will be waived for this year because it is so late in the season. Anyone coming into the City will still have to comply with the Transient Merchants License Ordinance also. The permit term will be the same as other license or permit, the City’s fiscal year. The training has to be done annually also. City Manager Roy L. Payne stated that this Ordinance does mirror the State Ordinance. Mr. Payne stated that he would recommend the suspension on this Ordinance. Council Member Heck stated that he is not in favor of charging the permit fees. The fees will be looked into before next year. Motion by Council Member Ricky D. Heck to Suspend the Rules to Vote on an Ordinance. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen. Motion by Council Member Ricky D. Heck to Adopt Ordinance # 2006-27, an Ordinance Amending Article 9 Section 9.8 and 9.9 Relating to Fireworks with the Discussed Changes. Second by Council Member Mike Walker. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration Several Resolutions Authorizing the Giving of Notice of Dangerous and Dilapidated Structures for Property Located at the Following Addresses: 406 South 15th Street, 2404 Logan Street, 431 South 18th Street, and 2001 Forest. Motion by Council Member John Howard to Approve the Resolutions Authorizing the Giving of Notice of Dangerous and Dilapidated Structures Located at the Named Properties. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Providing for a Feasibility Study for Homestead Property as a Redevelopment Project Area and to Induce Development Interest within Such Area. City Manager Roy L. Payne stated that a few weeks ago we had a presentation of the Homestead Property. At that time the developer asked that we look into possibly creating a TIF for this area. This is just for a feasibility study and to be sure the property qualifies for a TIF. This does not commit the City to create a TIF. Mr. Mark Miller of the Homestead Property spoke and asked the City to check into this and to also look into annexing the property into the City for a gated elderly community area so they could move on with the project. Motion by Council Member Mike Walker to Approve the Resolution Providing for a Feasibility Study for the Homestead Property as a Redevelopment Project Area and to Induce Development Interest within Such an Area. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Providing For a Feasibility Study for Downtown and South 10th Street as a Redevelopment Project Area and to Induce Development Interest Within Such Area. City Manager Roy L. Payne spoke regarding the Downtown Area and a possible TIF and also the South 10th Street and to Veterans Memorial Drive. Mr. Payne stated that this does not mean we are going to create a TIF, but we are doing the study needed to see if it is feasible to create one. Mr. Brian Edmison President of Downtown Mt. Vernon Development stated that the agency believes that the TIF could help develop the Downtown area as far as developing the older buildings, etc. TIF’s do not displace residential property. This is for mostly non-residential zoning. Motion by Council Member John Howard to Adopt the Resolution Providing for a Feasibility Study for Downtown and South 10th Street as a Redevelopment Project Area to Induce Development Interest within Such an Area. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
MAYOR
Mayor David E. Keen stated that Council had just passed the Ordinance Combining the Planning Commission and Zoning Board to make One Board. The New Board will be the Planning/Zoning Commission. This was done to streamline some of the meetings. Mayor Keen stated that at this time he would like to submit names for appointment for the Commission for five-year terms under advice and consent of the Council. The following names were submitted. Gary Crouse, Dean Dickerson, David Domingez, Robert Feltmeier, Dr. W.R. Hayman, Cleo Holt, Charles Jones, James “Tab” Kelley, Ishmeal U. Kennedy, Jr., Jeff May and Wendall Yaeger. Motion by Council Member Ricky D. Heck to approve the named members for appointment to the newly formed Planning/Zoning Commission. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
Mayor David E. Keen stated that he would like to thank the Jefferson County Chamber for a very successful King City Bar B Que.
Mayor Keen stated that the swimming pool at the Park is now open for swimming. The hours are being looked into to possibly extend them.
CITY COUNCIL
VISITORS/CITIZEN REQUESTS/ADDRESSES FROM THE AUDIENCE
Mr. John Kowalski addressed Council regarding the Firemen being back on the streets for paramedic calls. Mr. Kowalski spoke of a call that he had witnessed a few days ago and how the paramedics are needed for emergency help. He spoke very highly of the firemen/paramedics.
ADJOURNMENT
Motion by Council Member Ricky D. Heck to adjourn this Regular City Council Meeting. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.