REGULAR CITY COUNCIL MEETING
JULY 21, 2008
The Mt. Vernon City Council met in Regular Session on Monday, July 21, 2008,
at 7:00 p.m. in the Community Building at Veterans Park.
Mayor Mary Jane Chesley called the meeting to order. Reverend Jerry Van Houtin gave the invocation.
The Pledge of Allegiance was given.
Roll call showed present: Council Member Mary Burgan, Council Member Shirilyn Holt, Council Member Mike Walker, Council Member David Wood and Mayor Mary Jane Chesley.
The journal for the Regular City Council Meeting of July 7, 2008 was presented for any additions, deletions or corrections. Motion by Council Member Mike Walker to approve the journal for the July 7, 2008 Regular City Council Meeting as presented. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
The Consolidated Vouchers for Accounts Payable for July 2008 in the amount of $ 946,028.96 were presented to Council for their approval. Motion by Council Member David Wood to approve the Consolidated Vouchers for Accounts Payable for July 2008 in the amount of $ 946,028.96 as presented. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker, Wood and Chesley.
CITY MANAGER
In the absence of City Manager Ron Neibert, Finance Director Merle Hollmann presented for Council’s consent Consideration of Preliminary and Final Plat for the Resubdivision of Lot 6 in the Jent Tuggle Subdivision. Mr. Bill Woodfall was present to represent the owners of the property. Mr. Woodfall stated that this is
the Greentree property. Mr. Woodfall stated that the property is 19.30 acres to be divided into 2 lots. The lots will be zoned R-3 with a Conditional Use. One of the lots will be used for the new Memory Care Center and the other lot will be for future business development. Motion by Council Member Shirilyn Holt to approve the Preliminary and Final Plat for the Resubdivision of Lot 6 in the Jent-Tuggle Subdivision as presented. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Mr. Hollmann presented to Council for consideration the Preliminary and Final Plat Approval for Brown’s Resubdivision. Mr. Jack Gilbert was present to represent the Browns. Mr. Gilbert stated that this resubdivision is basically to clean up the four lots previously subdivided. The property lines between the four lots are very irregular, but that is because the homes and mobile home on the lots are already there. Mr. Gilbert showed a copy of the map to Council so they would see the lot lines he was describing. Motion by Council Member Mary Burgan to Approve the Preliminary and Final Plat for Brown’s Resubdivision as presented. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Mr. Hollmann presented for Council’s consideration a Request to Close Prairie Avenue from 10th Street to 11th Street, and to close the alley that runs through the 800 block of S. 10th Street. Also a request for “no parking “ signs to be placed along the west side of the 800 block of S. 10th Street between 3:00 p.m. and 10:00 p.m. each evening from August 4 through August 8, 2008 for “Freedom in Motion”. Mr. DeWayne Heil addressed Council saying that his group has received permission from the Mt. Vernon Rescue Mission to use their grounds to hold a tent meeting each night of the week. Mr. Heil stated that they will be serving a meal each day and will be giving away groceries, blankets, stuffed animals, bicycles and gas cards each night of the meetings. Mayor Chesley asked Police Chief Chris Mendenall if there were any concerns regarding this request. Chief Mendenall stated that he saw no problems. He asked if there would be any parking problems. Mr. Heil stated that they have received permission from the owner of the old Montgomery Ward building to park there and shuttle people back and forth for extra parking. Council Member David Wood stated that this certainly sounds like a wonderful program and he hopes it is very successful. Motion by Council Member David Wood to grant permission to close Prairie Street between S. 10th and S. 11th Street and the alley in the 800 block of South 10th and 11th Street from 3:00 p.m. until 10:00 p.m. each day the week of August 4 through 8, 2008. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Mr. Hollmann presented a Request for an Executive Session to be held following the Regular Meeting Regarding Personnel.
City Attorney David R. Leggans presented for Council’s consideration the Second Reading of an Ordinance Imposing a 2-cent per gallon Motor Fuel Tax on Diesel.
Mayor Mary Jane Chesley asked that all three tax increase ordinances be discussed at the same time, even though they will have to be voted on separately. This way all of the discussion will be held up front. Mayor Chesley asked if anyone in the audience wished to be heard on these issues.
Ms. Emily Ward Nixon addressed Council by saying that the Diesel Tax was not going to affect her but she is against the Telecommunication Tax and the Food and Beverage Tax. Ms. Nixon stated that with gas and food prices at their highest rates ever, the housing market in decline and credit crunch, this is not the time for increased taxes. Ms. Nixon continued that the economic factors are very real. She stated that she thinks the Council should be very prudent in considering their votes tonight. Ms. Nixon stated that she knows that Mayor Chesley is against the increases in taxes without taking it to the voters. She stated that when people see this tax increase it might cause them to go on past Mt. Vernon to do business.
Mr. Randy Wynn asked for clarification on the taxes and how they would affect the residents as he has been out of town and missed the papers. Mr. Hollmann explained that the diesel tax would only affect those with diesel vehicles and it is 2 cents per gallon tax. The telecommunications tax will affect anyone with a telephone or a cell phone and it is adding a 1%, which will make the total tax 2%. The Food and Beverage Tax will be a 1% tax on foor and beverage when you eat out, not on groceries.
Mr. Percy Atkinson stated that it is difficult to make the income match the out go. Mr. Atkinson stated that if the government offers to give you something they first must take something. Mr. Atkinson stated that before you vote, make sure what you are spending the money on is worth more than what the people you are taking it from need.
Council Member Shirilyn Holt spoke regarding her feelings on the taxes. Mrs. Holt stated that she was just going to speak about what it means to her. She stated that people say things like people that take money from the government should stop and pull themselves up by the bootstraps. She stated that this is what I want for this City. Mrs. Holt stated that she wants this City to progress. She stated that she does not want these tax raises either, these taxes are going to hit her also. Mrs. Holt stated that sometimes we have to make hard decisions and unpopular decisions, but the City must strive.
Council Member Mary Burgan stated that she also took a look at how the taxes would affect her and her business. Mrs. Burgan stated that she is affected by all three of these taxes so she sat down to figure how much it would be out of her pocket. The food and beverage tax and telecommunications tax would be about $3.00 per month. The diesel tax would affect her because she has five trucks in her business would be an extra $ 165.00 per month. She stated that the amounts are just not enough to hurt her enough to stop the progress of this incredible town. Council Member Burgan stated that those that say that they would just go to Ina to buy their diesel to save money, it would cost them around $19.00 just to go to Ina not counting the diesel plus the manpower time to do the trip.
Council Member David Wood stated that the taxes aren’t about opening new parks or creating new services, or even holding on to the services we have. Mr. Wood stated that the City has been delaying maintenance to its infrastructure, which is the streets, water lines, sewer lines, etc. Mr. Wood stated that the tax raises are needed to fully open the second interchange and take full advantage of the opportunity when it comes. Mr. Woods stated how could we expect a business to invest in our City if we don’t invest in our City first.
Council Member Mike Walker stated that he respects the members of Council, but he has a difference in philosophy with those who voted for the taxes. Mr. Walker stated that not a night goes by that the news doesn’t talk about how bad the economy is and you are looking for ways to cut your expenses. Now is not the time to raise taxes. Council Member Walker stated that some of the costs of infrastructure could possibly be passed on to developers and some grants may be available. Without the State money, it is all for naught Mr. Walker said. We do not know if the State will have money for us and it will not hurt to sit and wait a year to see what happens.
Mayor Mary Jane Chesley stated that she believes that the Overpass/Interchange Project is a golden opportunity for the City. Ms. Chesley stated that the City’s budget has taken several big hits in the past few years. Mayor Chesley stated that she believes that if your going to take money out of resident’s pockets, they should have a chance to vote on it. Yes we have Home Rule and we have the ability to raise taxes, but should we. Mayor Chesley stated that as Council Member Walker said, there are other sources of funding out there and I believe there will be other sources available. This Interchange is a great opportunity not just for the City but also for the region, the State and the Midwest. Mayor Chesley stated that she is not anti-growth; she just thinks the voters should have the right to vote on this.
Motion by Council Member David Wood to Adopt Ordinance # 2008-26, an Ordinance Imposing a 2-cent per gallon Motor Fuel Tax on Diesel. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt and Wood. NO: Walker and Chesley.
Motion by Council Member Shirilyn Holt to Adopt Ordinance # 2008-27, an Ordinance Regarding a Telecommunications Tax Rate Increase. Second by Council Member Mary Burgan. Yeas: Burgan, Holt and Wood. NO: Walker and Chesley.
Motion by Council Member Mary Burgan to Adopt Ordinance # 2008-28, an Ordinance Imposing a Food and Beverage Tax. Second by Council Member David Wood. Yeas: Burgan, Holt and Wood. NO: Walker and Chesley.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Rezoning Property Located at 908 Fairfield Road from Class R-1 to RM-2. The petitioning party is Michael Meeks. Mayor Mary Jane Chesley asked if anyone was present to represent Mr. Meeks. Mrs. Cynthia Meeks was present. She stated that the property had a home on it and it burnt in January. The Meeks want to replace the home with a manufactured home. Mrs. Meeks stated that there were no objectors present at the Zoning Board Hearing. Council Member Mike Walker spoke regarding being sure that petitioners are to have maps in their packets when they file for changes. Motion by Council Member Shrilyn Holt to suspend the Rules to Vote on an Ordinance. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker, Wood and Chesley. Motion by Council Member Shirilyn Holt to Adopt Ordinance # 2008-29, an Ordinance Rezoning Property Located at 908 Fairfield Road for Petitioner Michael Meeks. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Rezoning Property Located at 1221 North 9th Street from Class I-1 to Class RM-2 for Petitioning Party Dennis L. Robinson. Mayor Chesley asked if anyone was present to represent Mr. Robinson. Mr. Robinson came forward and explained that he would like to tear down the house there and place a mobile home on this property. Mayor Chesley stated that this property is located outside the City Limits, but it is within the City’s Zoning. Council Member Mary Burgan stated that there is not a map or drawing with this application. Council stated that they would like to see where the property is and how it looks. Council Member Walker asked about this area and a moratorium put on the water and sewer in the area. Mr. Robinson stated that a mobile home had been put on the property across from this lot recently. Mayor Chesley stated that this would be held as First Reading at this time.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Granting a Conditional Use as a Memory Care Facility for Property at 110 Zachary Drive. The petitioning party is Greenwalt Development. Mr. Harold Gibson gave a short presentation regarding the proposed facility. Mr. Gibson introduced Mr. John Robinson, Mr. Jerry Jones and Mr. Ken Harlan of Greenwalt. The construction will be next to the Greentree LLC Residence west of town. This would be a 22,000 square foot building, two stories, with 32 beds and 25 employees. There will be an adult daycare facility later in the building. Mr. Gibson explained the area and the facility and the construction of the building. Mr. Gibson spoke regarding the existing facility and its’ operations. Motion by Council Member David Wood to Suspend the Rules to Vote on an Ordinance. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker, Wood and Chesley. Motion by Council Member David Wood to Adopt Ordinance # 2008-30, an Ordinance Granting a Conditional Use as a Memory Care Facility for Property Located at 110 Zachary Drive for Petitioning Party Greenwalt Development. Yeas: Burgan, Holt, Walker, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Rezoning Property Located at 211 Zachary Drive from R-3 to B-2. The petitioning party is Greenwalt Development. Motion by Council Member David Wood to Suspend the Rules to Vote on an Ordinance. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley. Motion by Council Member David Wood to Adopt Ordinance # 2008-31, an Ordinance Rezoning Property Located at 211 Zachary Drive from R-3 to B-2 for Petitioning Party Greenwalt Developers. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Authorizing a Lake Miller Lease to Larry Johnston. No one was present to represent Mr. Johnston. Mayor Chesley stated that this would be First Reading only.
City Attorney David R. Leggans presented for Council’s consideration the First Reading of an Ordinance Authorizing the Transfer of a 2002 Ford Crown Victoria from the City of Mt. Vernon to the Village of Bonnie. Police Chief Chris Mendenall stated that Mt. Vernon has tried to help out the Village of Bonnie since they established a Police Department. This is the second time we have given them a vehicle to use for their PD. Chief Mendenall stated that the car has several miles on it and the City can no longer use it. Motion by Council Member Mary Burgan to Suspend the Rules to Vote on an Ordinance. Second by Council Member David Wood. Yeas: Burgan, Holt, Walker, Wood and Chesley. Motion by Council Member Mary Burgan to Adopt Ordinance # 2008-32, an Ordinance Authorizing the Transfer of a 2002 Ford Crown Victoria from the City of Mt. Vernon to the Village of Bonnie. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
CITY COUNCIL
VISITORS/CITIZEN REQUESTS/ ADDRESSES FROM THE AUDIENCE
EXECUTIVE SESSION
Motion by Council Member David Wood to go into Executive Session to Discuss Personnel. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Motion by Council Member Mary Burgan to adjourn this Regular City Council Meeting. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.