Regular City Council Meeting
August 20, 2007
The Mt. Vernon City Council met in Regular Session on Monday, August 20, 2007, at 7:10 p.m. in the Community Building at Veterans Park following a Public Hearing.
The Invocation was given by Father Dan Jurek.
The Pledge of Allegiance was given.
Mayor Mary Jane Chesley called the Regular Meeting to order. 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 August 6, 2007 Regular City Council Meeting was presented for any additions, deletions or corrections. Motion by Council Member David Wood to approve the journal for the August 6, 2007, Regular City Council Meeting as presented. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.
The Consolidated Vouchers for Accounts Payable for August 2007 in the amount of $ 1,254,353.65 were presented for Council’s consideration. Motion by Council Member David Wood to approve the Consolidated Vouchers for Accounts Payable for August 2007 in the amount of $ 1,254,353.65 as presented. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker, Wood and Chesley.
City Manager Ron Neibert reported that bids for the excavator had been opened on August 16, 2007 and were as follows:
Erb Equipment $ 89,412.00
Diamond Equipment $ 98,864.00
Mr. Neibert stated he would place the bids on the agenda for the next Council Meeting.
CITY MANAGER
CITY ATTORNEY
City Attorney David R. Leggans stated that the first item on the agenda relating to the Second Reading of an Ordinance Annexing Real Estate for the Homestead Property would be considered after consideration of items 9-B and 9-C; therefore the first item is the Second Reading of an Ordinance Rezoning Property Located at 22 Fairway Drive from Class FP to R-3. The petitioning party is Doe Valley Golf Course, Inc.
Mr. Mark Miller Vice President of the Doe Valley Golf Course and the Investment Group spoke concerning the rezoning request. He emphasized how the City would benefit from his proposed development.
Mayor Mary Jane Chesley asked if anyone wished to speak in favor of this Project. None were heard. Mayor Chesley asked those who wish to make comments objecting to the Project to please make them brief as we have so many in attendance tonight.
Jane Raney of 1 Homestead Drive had two questions to ask. She had come across a packet of papers, Homestead Ordinance Subdivision Bylaws. It states that you cannot have a fenced in privacy fence and she would like to know if that is still in effect. Ms. Raney’s other question was how could you change flood plain that has for years and years been operated as a flood plain and no one can build on it and suddenly just like that you can change it overnight.
City Attorney David R. Leggans replied that what Ms. Raney asked about is a private covenant and covenants have no affect on City zoning. In response to the flood plain question, property can be zoned out of flood plain if in fact the elevation is such that it is not within the flood plain.
Erma Schalter once again spoke about the Project needing a private entrance. She feels that this is just not a good location for this Project.
Council Member David Wood stated that the Council is trying to reach out and bring business and developers to the community.
Sherry Lucas of 16 Homestead Drive spoke, saying she really is not opposed to the Project, just where it is at. She doesn’t feel that they have really accomplished anything with the two entrances since they are just about a block apart.
Jim Anderson of 1500 N 17th Street spoke against the new Project. He doesn’t feel it is right to hurt the people who live in the Homestead area for the betterment of the City.
Pat Rettig of 16 Edgewood said that she had gotten traffic count reports from the Inspection/Engineering Department and if this Project gets approved the traffic will quadruple in the Homestead area. She feels that the Council is supposed to represent the Homestead residents and asked that they vote no to this Project.
Angela Fitzpatrick of 5 Homestead Drive spoke of her fear of increased traffic in her neighborhood if the Project goes through. She voiced her concern for safety for her children as they learn to ride their bicycles.
Lauri Marshall of 17 Edgewood Road also spoke of her concern that the development will not turn out the way that the company wants it to. She also stated that if 60-70% of the residents are traveling and not in Mt. Vernon they will not be spending their money in Mt. Vernon and the City will not obtain the sales tax revenue as was mentioned by Mr. Miller.
Joan Schulte of 15 Homestead Drive stated that she is not against the development and she could see where it can be a benefit to the City. However, to have it done as it is proposed is not in the best interest of all the City residents. She asked the Council is there not a way to have the development without destroying a neighborhood. Mrs. Schulte thinks it would be better to have a second entrance off of Route 37 North that wouldn’t direct traffic through the Homestead residential area.
Pat Williamson suggested an option that might appease a lot of people. Having a one-way entrance and a one-way exit off of 37 North to be used during construction so that it doesn’t tear up the streets. He stated that the only thing that he has against the TIF is that we are helping a developer pay for his infrastructure; why don’t we pay for our infrastructure along with it and make it a win/win situation.
Randy Winn of 2 Fairway Drive expressed his opposition to the development and reminded the Council that the citizens of Mt. Vernon elected the Council Members to represent them and he feels that the development should be turned down since the entire Homestead neighborhood opposes it.
Frank Dunkel of 9 Edgewood asked if anyone had seen the picture of the proposed buildings before tonight. He stated that the three story buildings would have stairways and he doesn’t think that would appeal to senior citizens. Mr. Miller responded that these types of buildings would have elevators.
Rob Riley of 1806 Briarwood stated that speaking for himself he doesn’t think anyone is opposed to developing this property, but changing it to a high density
classification would destroy the neighborhood. He would welcome additional single-family dwellings to expand the neighborhood and he doesn’t think anyone would be opposed to that.
Mayor Chesley asked for additional comments. None were heard. Mayor Chesley asked for comments from Council.
Council Member Mike Walker again asked Mr. Miller about the feasibility of putting in another road off of Salem Road. Council Member Walker asked Mr. Miller if he had checked into the cost of another road. Mr. Miller replied that he does not know what the cost would be but he knows it would not be realistic. Mr. Miller stated it would mean purchasing additional ground and building a bridge across the creek; it is just not feasible. Council Member Walker asked about 17th Street being a possibility. Mr. Miller stated the realistic way is the Homestead Drive in the proposed plan.
A person from the audience stated that the purchase of the property for the second entrance was not a “done deal”.
Mayor Mary Jane Chesley asked the person to identify himself and to provide additional information.
Jeff Ring of 15 East Adams Court stated that he was present when the agreement for the purchase was signed and that the purchase had to be completed within two weeks, and that such had not occurred and it was not a “done deal”.
Council Member Walker asked Mr. Miller to respond.
Mark Miller responded that there was a written agreement prepared by an attorney and signed by the parties, and that the purchase was to be competed upon rezoning of the property and that the only contingency was the rezoning of the property.
City Manager Ron Neibert stated that to make a point about the roads, this development has to be developed with both entrances as proposed or Mr. Miller receives no TIF benefits from the City.
City Attorney David R. Leggans stated that in order for the Project to be a “go” the Council has to authorize items 9-A, 9-B and 9-C tonight. Even if the Council does that there is still another hurdle that has to be completed, that being the enactment of the TIF documents, which will be at the next meeting.
Mayor Mary Jane Chesley voiced her appreciation on all the time that has been spent to learn about TIF districts. She feels they are good for the economy. In her opinion the area in question is not good for an R-3, an R-1 but not an R-3.
Mayor Chesley stated she can see the benefits for the City but in this instance she is listening to the people.
Council Member Mary Burgan stated that she needs more reassurance concerning the second entrance issue.
The City Attorney and City Manager addressed Council Member Burgan’s concerns.
Council Member Shirilyn Holt stated that the Council was elected by the whole City and she feels the Council should do what is good for the whole City.
Council Member David Wood stated he would like to make a motion to approve Ordinance #2007-41 an Ordinance Rezoning Property Located at 22 Fairway Drive from Class FP to Class R-3 for Petitioning Party Doe Valley Golf Course, Inc. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker and Wood. No: Chesley.
City Attorney David R. Leggans presented for Council’s consideration item 9-C. Second Reading on an Ordinance Approving the Tax Increment Redevelopment Agreement with Doe Valley Golf Course, Inc. Motion by Council Member Shirilyn Holt to Approve Ordinance #2007-42 an Ordinance Approving the Tax Increment Redevelopment Agreement with Doe Valley Golf Course, Inc. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker and Wood. No: Chesley.
City Attorney David R. Leggans presented for Council’s consideration item 9-A. Second Reading on an Ordinance Annexing Real Estate for the Homestead Property. Motion by Council Member David Wood to Accept Ordinance #2007-43 an Ordinance Annexing Real Estate for the Homestead Property. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker and Wood. No: Chesley.
City Attorney David R. Leggans presented for Council’s consideration First Reading on an Ordinance Vacating a Street Within the City of Mt. Vernon for Petitioning Party St. Mary Catholic Church. Donald Musick, Attorney for Petitioner explained the reason for the request to vacate the street and described the plans of the Church to construct a new building. Mayor Mary Jane Chesley announced this would be First Reading Only tonight since there are some concerns regarding this request.
City Attorney David R. Leggans presented for Council’s consideration First Reading on an Ordinance Rezoning Property Located at 203 North 9th Street from Class B-1 to Class R-3 for Petitioning Party Mary Burgan and Michael Federici. Mary Burgan reported there were no objectors at the Planning/Zoning Meeting. Motion by Council Member David Wood to Suspend the Rules to Vote on an Ordinance. Second by Council Member Mike Walker. Yeas: Holt, Walker,
Wood and Chesley. Abstain: Burgan. Motion by Council Member Mike Walker to Approve Ordinance #2007-44 an Ordinance Rezoning Property Located at 203 North 9th Street from Class B-1 to Class R-3 for Petitioning Party Mary Burgan and Michael Federici. Second by Council Member David Wood. Yeas: Holt, Walker, Wood and Chesley. Abstain: Burgan.
City Attorney David R. Leggans presented for Council’s consideration an Inducement Resolution Regarding Certain Property Within a Proposed Downtown TIF. City Manager Ron Neibert stated that this is a proposal by Jay Koch and other parties to redevelop a project similar to the last meeting. This is an Inducement Resolution that makes any expenses incurred from today until the actual passage of the final paperwork eligible for reimbursement.
Jay Koch stated that their company, Liberty Land Group currently owns the property and the party that is interested in developing this property in conjunction with Liberty Land Group is an existing retail business in Mt. Vernon. The ownership of the company is Triple L Holdings from Cape Girardeau and they currently own and operate the State Beauty Supply on Main Street. They currently lease a facility and they are interested in owning and this is what this project is about.
Motion by Council Member David Wood to pass the Inducement Resolution Regarding Certain Property Within a Proposed Downtown TIF. Second by Council Member Mike Walker. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Mayor Mary Jane Chesley requested permission to reappoint four members to the Tree Board for two-year terms. Dennis Epplin, Diane Hultgren, Myrtle DeLoach and Justin Riley. Motion by Council Member Mike Walker to approve this request. Second by Council Member Shirilyn Holt. Yeas: Burgan, Holt, Walker, Wood and Chesley.
Mayor Chesley remarked how enjoyable the Sweet Corn/Watermelon Festival was.
Motion by Council Member David Wood to adjourn this City Council Meeting. Second by Council Member Mary Burgan. Yeas: Burgan, Holt, Walker, Wood and Chesley.