Ballwin-Ellisville Patch

Update: Walmart TIF Notes Now On Ellisville Council Agenda

Council members had been asked to vote to rescind a redevelopment agreement that would bring the big box retailer to Manchester Road.

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E. Schmidt June 17, 2013 at 01:42 pm

Once the City Council votes to issue the TIF Notes, they are "deemed" issued. Sansone…Read More still has not performed and purchased the property within RPA-1 which would trigger a vote to issue the notes. That requirement is in the Redevelopment Agreement. Our Redevelopment Agreement with Sansone on p, 16, Article 5.1 (b) states that: >>>No TIF notes shall be issued until such time as the City has received from the Developer the following: 1) the Notice of Acquisition and all attachments thereto; 2) evidence that the Developer and the Tenant have executed a lease for the New Store and that such lease obligates the Tenant to construct, stock and open the New Store for at least one day; 3) a Certificate of Reimbursable Redevelopment Project Costs substantially the form attached as Exhibit E, hereto; 4) the most current project budget; and 5) the principal amount of any District Obligations that have been issued or are expected to be issued Upon receipt of such information the City shall issue the TIF Notes…<<< In addition, the Redevelopment Agreement p. 5, Article 1. 1.1, Definitions states: >>>”Notice of Acquisition”means a written notification from the Developer to the City in the form of Exhibit C stating that the Developer has acquired legal title to all the Property.<<<

3 Recommend

E. Schmidt June 17, 2013 at 01:45 pm

Why did Sansone and their legal bond counsel threaten to sue the City Council as an entity and as…Read More indivduals when they have not performed according to the terms of the Redevelopment Agreement?

4 Recommend

Mike K June 17, 2013 at 05:09 pm

Gregg - it is a bit misleading and unclear that the item is only one the WORK SESSION AGENDA, and…Read More not on the legislative session of the City Council meeting agenda. If in fact it will appear on the City Council Meeting legislative agenda (and not the work session), then I think Mr. Bookout has exceeded his authority to place items on the Council agenda without the required two council member submission prior to the close of business on the Thursday PRIOR to the meeting. If Mr. Bookout is going to claim the authority to put items on the Council agenda as well as arbitrarily remove them then he needs to be consistent with his excuses for his unauthorized actions. The City Manager has no authority to place or remove items from the City Council agenda. He can only recommend to the Council that they take such action. It is contrary to the Charter, as the City Clerk's official duties as the keeper of public records and official publisher of the Councils' activities means that the City Clerk is responsible for formulating and publishing the agenda and legislation work products of the City Council. In addition, there is an express prohibition in the Charter of the City Manager to direct the activities of the City Clerk. Someone please file a Charter violation charge against City Manager "Lookout" Bookout if there has been a "surprise" amendment to the City Council meeting agenda that did not originate with two members prior to last Thursday close of business, per Council Rules on placing items on the agenda. The work session is a different story, and merely indicates that the Council will be discussing the item in public. It is important to note that there are no comments or questions or discussions with constituents by the Council during work sessions. The rules must be asked to be suspended to do so.

3 Recommend