Regular City Council Meeting
December 18, 2006
The Mt. Vernon City Council met in Regular Session on Monday, December 18, 2006 at 7:00 p.m. in the Community Building at Veterans Park.
Mayor David E. Keen called the Regular Meeting to order and Council Member Shirilyn Holt 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 November 29, 2006 Special City Council Meeting, the December 4, 2006 Regular City Council Meeting, the December 7, 2006 Special City Council Meeting and the December 7, 2006 City Council Workshop Meeting were presented for any additions, deletions, or corrections. Motion by Council Member Mike Walker to approve the journals as presented. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
The Consolidated Vouchers for Accounts Payable for December 2006 in the amount of $844,572.42 were presented for Council’s consideration. Motion by Council Member John Howard to approve the Consolidated Vouchers for Accounts Payable for December in the amount of $844,572.42 as presented. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
Interim City Manager Merle Hollmann stated that two bids had been received for the Heating and Air Conditioning System at Municipal Building West. Mr. Hollmann asked Mrs. Bonnie Jerdon to report on the bids received. Mrs. Jerdon stated that the bids were for 6 total units to replace the units in the building. The building was built in 1990 and the units have all had problems and needed a lot of repairs. Mrs. Jerdon stated that the two bids received were as follows:
Affordable Heating & Cooling $ 37,622.00
Airex Heating & Air $ 28,894.00
Mr. Hollmann stated that the budgeted amount was $30,000.00. Mrs. Jerdon stated that staff recommends the acceptance of the low bid from Airex Heating and Air in the amount of $ 28,894.00. Interim City Manager Merle Hollmann concurred. Motion by Council Member Ricky D. Heck to Approve the Purchase of six new heating and air units from Airex Heating and Cooling for the cost of $28,894.00. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen.
Interim City Manager Merle Hollmann introduced Ms. Mary Ellen Bechtel to give a presentation of the Jefferson County Development Corporation. Ms. Bechtel spoke about the Corporation and it being formed on May 1, 2006, the 23 seats on the Board, three-year terms to the board, no more then 2 consecutive terms, the Corporation has the same fiscal year as the City. The Board has had a strategic planning session and came up with twelve items to work on. Ms. Bechtel went over the five top priorities on the list. To develop a comprehensive vision for the City and County. To work to diversify the local economy by focusing on the business and industrial cohorts identified in the Prager Study. Examine the infrastructure in and around Mt. Vernon and develop a comprehensive plan for water and sewer, electric and other infrastructure needs. Establish a comprehensive committee structure for the Jefferson County Development with goals and performance for the group. Provide leadership for its Preschool through twenty to strengthen the vertical alignment of education and workforce development. Ms. Bechtel continued to speak about the midsize industries. She also stated that we are trying to expand the workforce retention. Ms. Bechtel stated that there are four committees working now, with teams under each committee. Ms. Bechtel spoke regarding the jobs tax credit. Ms. Bechtel spoke about the partnerships available to the companies and individuals for the Corporation. The Demographics Profile available was discussed. Site visits and postings were discussed.
Interim City Manager Merle Hollmann stated that Mr. Eric White of DMI Initiatives, LLC would now do a presentation of the Homestead Redevelopment Area, or the Homestead TIF. Mr. White began by saying that on October 2, 2006 the City passed a Resolution initiating a feasibility study and the preparation of the Eligibility Study for the Homestead TIF Redevelopment Area. Mr. White explained the TIF and the plans for the area. There is proposed to be a development for elderly housing in this area. Mr. White explained the requirements for a TIF.
Motion by Council Member John Howard to Approve a Resolution Requesting a Public Hearing at the Rolland W. Lewis Community Building in Veterans Park on Monday, February 5, 2007 at 6:00 p.m. for Consideration of the Adoption of the Tax Increment Financing Redevelopment Plan and Redevelopment Project and Redevelopment Area. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
Interim City Manager Merle Hollmann Requested Authorization to seek bids for the Klein Field Dugouts at Lincoln Park. Mr. Hollmann stated that Lipps Construction was awarded a bid to do the construction of the seating area, stadium and the centerfield wall. The estimate to do the two dugouts is $28,516.00. Staff feels that this project should be put out for bid due to the amount of the project. Mr. Hollmann stated that the baseball boosters have stated that they would pay for this cost. Motion by Council Member Mike Walker to Grant Authorization to Seek Bids for the Klein Field Dugouts at Lincoln Park. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
Interim City Manager Merle Hollmann presented for Council’s consideration a Request for Approval of Motor Fuel Tax Funds Audit for the Year 2004. Mr. Hollmann stated that this is like the audit presented last Council Meeting. IDOT has finished the audit and the City owes an amount to IDOT. Mr. Hollmann explained that this is not money lost, just a transfer of funds. Motion by Council Member Shirilyn Holt to Approve the Audit from IDOT for the Year 2004 and make Payment to IDOT for the amount owed. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen.
Interim City Manager Merle Hollmann presented for Council’s consideration a Request for Reallocation of Funds for the 2006/2007 Budget. Mr. Hollmann stated that these are #17 to #32 Budget Requests. It is a decrease to the General Corp Funds by $163,723.00 with a mower purchased by the Park and a concrete floor for the salt dome. Motion by Council Member John Howard to Approve the Budget Adjustments as presented. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Second Reading an Ordinance Annexing Property Located at 1016 Old Fairfield Road. The Petitioning Parties are C. Dale and Margery Harris. The Harris’ were not present. There were no objectors present at the Planning and Zoning Board meeting. Mayor David E. Keen asked if anyone wished to speak either for or against this request. No one was heard. Motion by Council Member Mike Walker to Adopt Ordinance # 2006-56, an Ordinance Annexing Property Located at 1016 Old Fairfield Road for Petitioning Parties C. Dale and Margery Harris as requested. 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 Second Reading of an Ordinance to Discontinue Existing Prohibition Relative to the Sale of Alcoholic Liquor. Mr. Leggans stated that this is the property located on Shiloh Drive. Mr. Leggans stated that this is also a First Reading of an Ordinance Amending Article 6 of the Revised Code of Ordinances Reclassifying a Liquor License and Enacting a Location Restriction. Mr. John Firebaugh addressed Council regarding these requests. Mr. Firebaugh stated that he had originally planned to open a restaurant with a lounge and dance hall on one end of the building and a package liquor store on the other end of the building. Mr. Firebaugh has since decided to not open the restaurant with lounge and dance hall, just the package store on the south end of the building. Mr. Firebaugh stated that he would make climate-controlled storage on the north end of the building. Mr. Firebaugh stated that he is willing to do any changes the City may ask on this request. Council Member Mike Walker asked Mr. Firebaugh about the possibility of putting a fence up in the rear of the building to block the traffic and noise from the business. Mr. Firebaugh stated that when he was going to open the restaurant and lounge he had planned on a fence.
Mr. Firebaugh stated that he had held an open house and invited several people to explain what he wanted to do at the location. Mr. Firebaugh stated that several people attended the open house and he had explained the business to them.
City Attorney David R. Leggans explained that if Council votes yes to item 9G, it would reclassify a Liquor License that is now a Tavern License changing it to a Package License only also enacting a location restriction for the license.
Mayor David E. Keen asked if anyone wished to speak in opposition to this request. The Pastor of the Seventh Day Adventist Church located behind the location on Horton Lane spoke saying that this type of business is more in line with something the church could live with. The plans sound much better than a dance hall.
Mr. George Germann stated that he would like the area fenced off and closed off from the neighborhood.
Mr. Rick Mount stated that he lives near the location and he now sees that the number of employees originally stated will not be hired.
Council took a five-minute recess.
Council returned from a five-minute recess and continued the discussion of the request by Mr. Firebaugh.
Mr. Lindell Knox spoke against the liquor being in close proximity of a church. He also spoke regarding the traffic flow and possible problems involved.
Motion by Council Member Mike Walker to Approve Ordinance # 2006-57, an Ordinance to Discontinue Existing Prohibition Relative to the Sale of Alcoholic Liquor. Second by Council Member John Howard. Yeas: Heck, Howard, Walker and Keen. No: Holt.
Motion by Council Member Mike Walker 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 Mike Walker to Adopt Ordinance # 2006-58, an Ordinance Amending Article 6 Reclassifying a Liquor License and Enacting a Location Restriction. Second by Council Member Ricky D. Heck. Yeas: Heck, Howard, Walker and Keen. No: Holt. Council Member Mike Walker stated that this was the toughest decision that has come before Council since he has been on it. Mr. Walker stated that the decision was not taken lightly and Council has considered all sides and opinions. The fear of the unknown was considered highly in this issue and restrictions were addressed. Council has tried its best to be fair to all concerned and it was a very difficult decision. Council Member Ricky D. Heck stated that he believes that everyone has the right to do whatever they want and he feels that his morals should not be passed on to others. Mayor David E. Keen also stated that this was a difficult decision, but he feels that Council has worked to try to make everything right for all concerned. Council Member Holt stated that this is not a moral issue, it is a zoning issue and she feels that her no vote is her feelings in this matter.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Annexing Property Located at 750 Old Fairfield Road. The Petitioning Party is Jefferson County Highway Department. Mr. Leggans explained that this could only be a First Reading due to the notice time.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Rezoning Property Located at 750 Old Fairfield Road from Class R2 to Class B2. The Petitioning Party is Jefferson County Highway Department. Mr. Stan Drennan spoke on behalf of the Jefferson County Highway Department. Mr. Drennan stated that this rezoning is necessary so they can build a garage to replace the one that recently burned. Motion by Council Member Ricky D. Heck to Suspend the Rules to Vote on an Ordinance. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen. Motion by Council Member Ricky D. Heck to Adopt Ordinance # 2006-59, an Ordinance to Rezone Property Located at 750 Old Fairfield Road from Class R2 to B2 for Petitioning Party Jefferson County Highway Department. 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 Rezoning Property Located at 119 Lou Street from Class R2/RM2 to Class B2. The Petitioning Party is Daniel Conway. Mr. Conway wants to build storage units on this property. Motion by Council Member Ricky D. Heck to Suspend the Rules to Vote on an Ordinance. Second by Council Member John Howard. Yeas: Heck, Holt, Howard, Walker and Keen. Motion by Council Member Ricky D. Heck to Adopt Ordinance # 2006-60, an Ordinance Rezoning Property Located at 119 Lou Street from Class R2/RM2 to Class B2 for Petitioner Daniel Conway. 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 Reducing the Tax Levy and Amending Ordinance # 2006-54. Interim City Manager Merle Hollmann addressed Council regarding this Ordinance. Mr. Hollmann stated that Property Taxes were raised 4.94%. At the six-month budget review it was found that in spite of the storm and in spite of some legal problems we have had, the City was going to be in approximately the same position that we thought we would be in originally. Mr. Hollmann stated that it is staff’s recommendation that the levy be reduced further to a 2.02% increase. Mr. Hollmann asked Council to suspend the rules to vote on this Ordinance, as it has to go to the County next week. 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 # 2006-61, an Ordinance Reducing the Tax Levy and Amending Ordinance # 2006-54. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration a Resolution of Support for the Southern Illinois Mayors Association Regarding an Electric Rate Freeze. Mayor David E. Keen stated that the City is a member of the Southern Illinois Mayors Association and they have sent a Resolution that they would like the City to adopt and send to the Governor’s Office regarding the electric rate increase. Mayor Keen read the Resolution asking that the increase be phased in gradually at amounts not to exceed 10%. Motion by Council Member John Howard to approve the Resolution of Support for the Southern Illinois Mayors Association Regarding the Electric Rate Freeze as presented. Second by Council Member Shirilyn Holt. Yeas: Heck, Holt, Howard, Walker and Keen.
City Attorney David R. Leggans presented for Council’s consideration a Resolution Authorizing a Contract with Rend Lake Conservancy District regarding water service. Mayor David E. Keen introduced Mr. Jim Rippy, President of the Rend Lake Conservancy District Board. Mr. Rippy stated that in reality the City owns part of the Conservancy District, 3/7ths, along with Jefferson County and Franklin County. Mr. Rippy stated that the plant has to be remodeled to be sure to supply good clean water to the users. The goal of the Board has been to reduce the taxes from 7% to 5%, and to hold the water rate stable. Mayor David E. Keen stated that this is an Amendment to the Water Service Contract and asked Merle Hollmann to explain the contract. Mr. Hollmann stated that the original contract was signed in 1966. This contract amends that original contract to extend the time to the longer of 25 years or the term of the financing, not to exceed 40 years. Mr. Hollmann stated that the amendment addresses the rate increases and how often they can be done. The City is up for an increase in October 2007. Motion by Council Member Mike Walker to Approve the Resolution Authorizing the Contract with Rend Lake Conservancy District as presented. Second by Council Member Ricky D. Heck. Yeas: Heck, Holt, Howard, Walker and Keen.
Mayor David E. Keen stated that he would like to take the opportunity to wish everyone Merry Christmas and a Happy New Year. Mayor Keen also reminded everyone to come out to the Park and drive through on the 22nd and 23rd of December to see the display of lights from the local churches. Mayor Keen asked that everyone remember those in services to the country and keep them in our prayers.
Council Member Ricky D. Heck stated that a former City Council Member always reminded everyone that Jesus is the reason for the season. Council Member Heck also reminded everyone that his towing service would be offering tows to people needing them on New Years Eve as he has in the past 20 years.
Mr. Lonnie Buttrum addressed Council regarding his neighborhood. He lives near Rackaway Street and said that the railroad tracks are coming apart, there is a lot of trash just blowing around and there is a large drop off near the tracks on the road. Mayor David E. Keen asked Public Works Director Elbert Cain to check out the problems and report to him. The railroad needs to fix the crossing and then the road needs repaired. Mr. Cain stated that he has spoken to the railroad about this before.
Mr. Horton Petties thanked Council for all the good work that they have done this year. Mr. Petties asked about a tree in his churchyard and a problem with getting it cut. He also asked about a ditch by the church.
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.