Regular City Council Meeting
February 17, 2009
The Mt. Vernon City Council met in Regular Session on Tuesday, February 17, 2009 at 7:00 p.m. in the Community Building at Veterans Park.
Mayor Mary Jane Chesley called the meeting to order and Reverend John Cook gave the invocation.
The Pledge of Allegiance was given.
Roll call showed present: Council Member Mary Burgan, Council Member Mike Walker, Council Member David Wood and Mayor Mary Jane Chesley. Absent: Council Member Shirilyn Holt.
The journal for the February 2, 2009 Regular City Council Meeting was presented to Council for any additions, deletions or corrections. Motion by Council Member Mike Walker to approve the journal for the February 2, 2009 Regular City Council Meeting as presented. Second by Council Member Mary Burgan. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.
Council Member Mike Walker spoke regarding the change in the date for people to have their television service transition updated has been extended, however some stations have already switched over. So the date in the journals has been extended.
The Consolidated Vouchers for Accounts Payable for February 2009 in the amount of $ 959,116.54 were presented for Council’s consideration. Motion by Council Member David Wood to approve the Consolidated Vouchers for Accounts Payable for February in the amount of $ 959,116.54 as presented. Second by Council Member Mike Walker. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.
City Manager Ron Neibert reported that bids were received for the fireworks display for the Fourth of July Salute to Freedom. There was only one quote received. A second quote came in late and wasn’t done correctly, so it was not considered. The quote from S & N Display Fireworks of Lincoln, Illinois. The quote from S & N is for some 952 shots. S & N has done the pyros for the last few years. The price is the same $20,000.00 and the City has been very happy with their shows. Council Member David Wood asked how many requests for quotes were sent out and why we only received one quote. City Manager Ron Neibert stated that he would have to check with Bonnie to see. Motion by Council Member Mary Burgan to accept the Quote from S & N Fireworks for the 2009 Salute to Freedom Fireworks. Second by Council Member David Wood. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.
City Manager Ron Neibert presented for Council’s consideration the Reallocation of Funds for the 2008/2009 Budget. Council had received a copy of these adjustments at the Budget Workshop Meeting a week before. Mr. Neibert stated that these adjustments are basically housekeeping adjustments. Motion by Council Member Mike Walker to Approve the Reallocation of Funds for the 2008/2009 Budget as presented. Second by Council Member David Wood. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.
City Manager Ron Neibert presented to Council a Request for Approval of a Sign Permit Located in the Rolland W. Lewis Industrial Centre. The requesting party is Praxair by Phillips Sign Company. Praxair is asking for a variance of the sign permit to allow two signs. One a flush mount wall sign and a free standing sign and also a variance of the height from 40 feet to 100 feet and the size of sign from 300 feet to 400 feet. The City owns the Rolland W. Lewis Centre and there are restrictive sign allowances in the covenants. Mr. Neibert stated that the other freestanding signs in the Industrial Centre are monument type signs. Council Member Mary Burgan asked why the sign needed to be so big. Mr. Phillips stated that it needs to be seen from the Interstate. Mr. Phillips stated that it would not block any other signs from the Centre. Council Member Mike Walker stated that he would like to go out and take a look at the other signage at the Centre. Mr. Phillips was asked to go out and post a marker where the sign would be set so Council could look at the area before voting on this variance. Council Member David Wood asked Mr. Phillips if waiting two weeks would be a problem to him. Mr. Phillips stated that it would not. This item was tabled until the next City Council Meeting on March 2, 2009.
Corporation Counsel Bill Howard presented for First Reading an Ordinance Amending the Liquor Ordinance, Article 6, Section 6.11 “ Location Restrictions”.
Mayor Mary Jane Chesley stated that this would amend the distance required from schools, churches, daycare homes or centers, hospitals, homes for the aged or indigent persons or veterans or their wives, children or any military or naval station. Mayor Chesley stated that this does not apply to hotel/motels offering food service, organized clubs or restaurants. Council is asking for the distance to be changed from 100 feet to 500 feet. Also this would change the way the measurements are made. Mayor Chesley stated that this item came to her attention when an individual applied to transfer a Package License from the current location to the old Dixie Cream Donut location at 512 Broadway. This location is near the high school. The current Ordinance states the distance as 100 feet. This location was looked at and measured and it complies with the 100-foot distance. This concerned the Mayor that a liquor business could be conducted within the 100 feet from the high school; it also concerned Council Members Burgan and Holt. Mayor Chesley stated that to see the 100 foot measurement is very different than seeing the number on paper. To demonstrate, she had a table put in back of the room at 100 feet from the back wall. This showed just how close 100 feet is. Council Member David Wood stated that he and Council Member Walker were also concerned about the distance on this request. Mayor Chesley asked if anyone in the audience would like to speak on this request.
Ms. Celeste Robinson, Project Coordinator of Mission Possible Coalition addressed Council. Their group is in favor of changing the Ordinance to make the distance at least 500 foot away from the schools. They work to teach the youth about the problems with drinking and drugs to enlighten them and try to get the instances of underage drinking controlled. Ms. Robinson passed out a paper showing statistics on teenage drinking.
Mrs. Susan Talley spoke regarding this issue. Mrs. Talley spoke about the foot traffic before, after and at lunchtime near this location. With an open campus, there is a lot of traffic in the area. She stated that she hated to think of persons going to purchase alcohol and walking across or near the campus.
Ms. Chelsie Hale stated that she is a student liaison and they work with the Mission Possible Coalition and SADD. She presented a petition with 266 signatures against allowing a liquor establishment this close to the high school. Council Member Mary Burgan asked what the SADD stood for. Ms. Hale stated that it was for Students Against Destructive Decisions.
Mr. Norman Metzger addressed Council stating that if kids want to drink it won’t matter if the liquor store is 50 feet or 7,000 feet from the school, they will get
liquor. Mr. Metzger stated that this Ordinance has been in effect for years and now on a whim the Council wants to change it. Mr. Metzger stated that he believes that it is just because they don’t like the person wanting to move the license. Mr. Metzger stated that he does not drink. He just does not like the way the Council is doing this business.
Mr. Bob Windhorst, owner of the Dairy Queen, addressed Council saying that he supports the Council in changing the distance from 100 feet to 500 feet. He agrees that the students do not need to be walking past a liquor establishment going to school and after school and on lunch hours.
Mr. Roger Malone addressed Council saying that he works at Sensation Station and has for a year and a half. Sensation Station employs 6 people and he would hate to see his job and the other five lose their jobs. Mr. Malone stated that this is a very good business and a very nice establishment. The employees are very careful to check ID’s and to try not to sell to underage persons. He stated that in the time the business has been open, there has been 2 times that they were charged with doing this. Mr. Malone stated that the employees know that if they ever get caught doing so, it is immediate dismissal. Mr. Firebaugh has tried to move his business twice recently and there have been obstacles in his way. When he wanted to move to the Burger King at 34th & Broadway until he found out it was a “dry” location. Mr. Malone wondered how the old Shenanigans operated across the street several years ago if this is a dry area, and Pizza Hut. The building that they are in now will be closed soon by the bank, so they need a location to move to. Mr. Malone spoke about the business at a liquor store not being busy in the daytime; most of their business is nighttime business. Mr. Malone stated that if people come in and have been drinking too much, he would call a taxi or the police to keep the people from driving. Mr. Malone asked about the Depot and the Crossing, which are both very close to the high school and have foot traffic to and from the school. Mr. Malone reiterated that he would hate to think that in this economy time that the Council would be ok with putting six employees out of jobs.
Mayor Mary Jane Chesley stated that when John came to her to change his location to the Burger King building, it was discovered that it was located in Shiloh Township, which is a dry area. Any property that was annexed into the City normally came in “wet” or “dry”. There are papers where Shenanigans, Pizza Hut, Pasquales, Times Square Mall were all petitioned in to be “wet”. It was found that the property at 34th & Broadway was all brought in “dry”. This portion was annexed in with a large area, the area runs from 34th & Broadway on the North Side clear to past Crownview and back to where the old drive-in theater was located. Corporation Counsel Bill Howard explained how properties go from “dry” to “wet”. Mayor Chesley stated that when Mr. Firebaugh turned in his application to move his business to the Burger King location, he was given a letter with a list of things to be done before it could be approved.
Mr. John Firebaugh addressed Council stating that he is the owner of the Sensation Station business and that they run a good business. Mr. Firebaugh stated that when he applied for the license last week, the Ordinance was 100 feet from the school not 500 feet. Mr. Firebaugh stated that with this reaction from everyone, he would withdraw his application to move to this location. He stated that he has signed a contract with Mr. Morgan and he isn’t sure he can get out of it. He has also already done some demolition on the building in preparation to remodel. Mr. Firebaugh stated that he met all the criteria when he turned in his application. Mr. Firebaugh turned in his application on February 6, 2009 at City Hall. Mr. Firebaugh stated that he will continue to look for another location. He stated that he is worried about any businesses that are already located nearer to schools, etc. Will they ever be able to sell their businesses? Will the new owner have to deal with the 500 feet ruling if the current ones are grandfathered in? Mr. Firebaugh stated again that this location met all criteria when he applied. He found out that this was going to be on the agenda tonight. Mr. Firebaugh stated that he had met with Mayor Chesley on the 30th of January. He signed papers with Mr. Morgan on the 1st, and then four days later he found out this was on the agenda to be discussed. He got a demolition permit on the 30th of the month after the meeting with the Mayor.
Mayor Chesley stated that John came to speak to her about this move to 512 Broadway. She stated that she had told him to go back and look at the letter regarding the Burger King property and see that you meet all of the steps outlined on that letter for the new property. Mayor Chesley stated that she told him that she would look into the request. Mr. Firebaugh stated that she had told him that she would allow the transfer if the conditions were met. Mayor Chesley stated that she told him that she would look into this. Mr. Firebaugh stated that if he had known this problem he would not have started this venture. Mr. Firebaugh stated that he would look for another location.
Council Member David Wood stated that he did not have any knowledge of this problem until he received his packet. He asked why the Liquor Commission, Liquor Board had not met on this issue. Although the Mayor is the Liquor Commissioner, she does have a Board in place that could have heard this issue. Mr. Firebaugh stated that he had not spoken to any City Council Members regarding this, just the Mayor/Liquor Commissioner.
Council Member Mary Burgan stated that she had never met Mr. Firebaugh, Mr. Metzger or Mr. Malone. However, she is against this location because of the high school, not because of Mr. Firebaugh. She stated that it wouldn’t matter if her father wanted to put a liquor store there; she would still be against it due to the proximity of the school. Mrs. Burgan stated that we need a positive boundary around our high school. The perception there now is reality. The school is tied into the economic growth of the City and having a liquor store so close, bringing
people by the jail and even the scrap yard makes it look bad for persons looking at the City for development. The perception now is negative.
Council Member David Wood stated that he would like to second what Council Member Burgan said. Council Member Walker and Mayor Chesley both agreed also. Mr. Wood stated that he only found about this issue on Thursday when Council Member Burgan called him and she had heard about it from Council Member Holt, who works at the high school. Mr. Wood asked if there is a Liquor Commission. Mayor Chesley stated that yes there is a Liquor Commission/Board. Council Member Wood asked why the Board was not consulted on this issue. Mayor Chesley stated that the Board was not consulted on this. Mayor Chesley stated that the Board has not been active for 1 ½ to 2 years, since she has been Mayor. She asked Mike Beard, the Chairman of the Board if that was not correct. Mr. Beard stated that the Liquor Board consists of himself, Joe Wilks and Dan Lucas. Mr. Lucas has withdrawn from the Board. Mr. Beard stated that they have not met in 18 to 24 months. Mr. Beard stated that they met regularly for the time Mr. Terry was Mayor and met a lot when Mr. Keen was Mayor. Mayor Keen had the Board go through the entire Liquor Ordinance and make changes and rewrites to it. Council then adopted the new Ordinance in June 2007, after Mayor Chesley was elected. Council Member Wood asked if this issue could have gone before the current Liquor Board, why there had been no one appointed to fill Mr. Lucas position on the Board. This being a pretty controversial issue and should have been. Mayor Chesley stated that it is her option as the Liquor Commissioner to use the Board or not. Corporation Counsel Bill Howard stated that the Liquor Board is just an advisory board. They cannot actually make any decisions. They just voice their opinions to the Mayor as requested.
Council Member Mike Walker stated that he agrees that Mr. Firebaugh’s business is a first class business. Mr. Walker stated that there were a lot of hoops to go through to get the business at the current location, and he was on his side on it. But he agrees that there does need to be a safe zone around the high school.
Mr. Firebaugh spoke regarding his time and money spent already on this project and if he can recover money from Mr. Morgan. Mr. Firebaugh stated that if he withdraws his application, it still doesn’t relieve him of his obligation to Mr. Morgan. He stated that at the time the location was more than 100 feet. Mayor Chesley stated that she told him if he followed the steps outlined in the letter. Mayor Chesley stated that she did not recieve his application until February 9. It was turned in to the City Clerk on February 6 and she placed it on the Mayor’s desk that day. The Mayor found it when she came in on Monday, February 9 on her desk. She then went to look into the distance. There was also no lease sent with the application. Mayor Chesley told what the items were to transfer the license. Mr. Firebaugh stated that he does have a copy of the lease and he was
going to bring it in with the other items because he cannot transfer the license until the building is ready, he cannot change the insurance and Bond until he is ready to move because he is still at the other location.
Council Member Mike Walker asked in the application for the Burger King property, where does it address the changing from “ dry to wet”. Mr. Walker was told that it was not known at the time if the property was “wet or dry”. The City Clerk’s Office had to research.
Council Member David Wood stated that he is very upset when the City takes an action that has a business making contractual commitments, and then changes the rules. He also does not want the business that close to the high school. He does not like the way that this one was handled. Mr. Wood stated that he does understand that the Mayor is the Liquor Commissioner and she does not have to seek input from the Board or the Council, but he thinks that in this instance she should have done both. Mr. Wood stated that none of the Council knew about the Burger King location at all. Council Member Mike Walker stated that when it involves Council and Ordinances need to be changed, they need to be told before hand about the issues. First Reading was held.
Corporation Counsel Bill Howard presented for Council’s consideration a Resolution Approving an Audit Contract with Krehbiel & Associates, LLC. City Manager Ron Neibert stated that this is a three-year contract for Krehbiel and Associates to do the City Audit. Krehbiel & Associates have done the City Audits for several years and the City has always been pleased with the work. The Costs for the service will be: $54,850.00 for the 2009, $56,850.00 for the 2010 and $58,850.00 for the 2011. Council Member Mike Walker asked how often this service is put out for bid. City Manager Ron Neibert stated that it is not typical to put out for bid a professional service. City Clerk Jackie Sharp stated that it had gone to Krehbiel for several years because they had all of the previous information on hand to continue the audits. Council Member David Wood asked if Jim Leuty and the other three persons listed would be the ones performing the audit. City Manager Ron Neibert stated that they would be. Council Member Mary Burgan asked if the last contract was for three years also. City Manager Ron Neibert stated that yes it was. Motion by Council Member Mary Burgan to Approve the Resolution Approving an Audit Contract with Krehbiel and Associates LLC for a period of three years to prepare the City Audit. Second by Council Member David Wood. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.
Mayor Mary Jane Chesley stated that Assistant Fire Chief Kevin Sargeant wanted her to remind everyone that the Weather Watch Course has been moved to the airport to be able to have room for more people. There have already been 100 people sign up for this course.
Mr. Bill Jones of 802 N 12th Street addressed a problem with his alley. Mr. Jones stated that he and many other neighbors use the alley behind his home as a driveway. He has lived there since 1960. Mr. Jones stated that the first ten years or so that he lived there, he and the other neighbors took care of the alley with rock, etc. The City then began taking care of it and kept it oiled, chipped and the snow removed regularly. The last two years, the City has stopped the upkeep again. Mr. Jones asked if he could get on a list to have his alley taken care of again. City Manager Ron Neibert stated that he would put it on the list for budget meetings.
Mr. Bob Windhorst, owner of the Dairy Queen spoke in regard to the liquor discussion previously. He stated that he only called and spoke to the Mayor regarding this. He did not call anyone else to discuss this. He just wanted to clarify this.
Motion by Council Member Mike Walker to adjourn this Regular City Council Meeting. Second by Council Member Mary Burgan. Yeas: Burgan, Walker, Wood and Chesley. Absent: Holt.