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Ellisville Shoots Down Second Proposal from Walmart Developer

The city council said they are in agreement with a recommendation from the Economic Development Commission to pass, for now, on the plan for a 13-acre, $30 million complex of shops and restaurants from the Sansone Group.

 

The prospect of a fight over a second effort at tax-supported development in Ellisville has been postponed for the moment, following a consensus on the city council to pass on a second proposal from the developer behind a controversial Walmart project.

The plan from Sansone called for 92,000 square feet of retail shops and restaurants at the southwest corner of Manchester and Kiefer Creek, according to a report from Fox 2, and adjacent to the future Walmart. The cost was estimated at $30 million, at least $10 million of which would be paid for by public financing.

The city's economic development commission reviewed the Ellisville Town Center Project on Monday and Wednesday the Ellisville City Council agreed with their recommendation to pass on it, for the moment, in hopes of receiving additional proposals for re-developing the area. 

"It sounds like it is the general consensus from the council is that we are not going to act on this proposal from Sansone and it will go, I guess, in the garbage," said councilman Matt Pirrello, who is serving as acting mayor.

However, Pirrello continued to say that the company could re-submit it later down the road, after the city formally sends out another call to re-develop the area, known as RPA-2.

The move comes against the backdrop of two fast-approaching events – municipal elections on April 2 that could shift the balance of power and an impeachment trial against Mayor Adam Paul, who was elected last year on a strident anti-Walmart, anti-tax-increment financing platform.

His supporters have packed recent city council meetings and railed against the council, alleging that Paul is being ousted because of his stance on the controversial development.

However, this time it was council members such as Pirrello, who previously voted in favor of a TIF for the Walmart development, that spoke against its use in explaining why they were passing on Sansone's proposal.

"At this point, I don't think a TIF would be right in that location, for any reason," he said.

The move came as a surprise to residents such as Liz Schmidt. Schmidt has been at the forefront of much of the public opposition to the Walmart and staunch supporter of Paul.

"I am relieved," she said after the meeting. "I hope they realize a TIF isn't right for any development."

In addition to the resistance against public financing, FOX 2 reported that the commission members expressed a desire to see something that involved more than just “shops and restaurants.”

Related Topics: RPA-2, Sansone, TIF, Walmart, and ellisville

E. Schmidt

6:34 am on Thursday, March 21, 2013

And in other news...Mayor Paul's Removal Hearing has been pushed back to...wait for it...Monday, April 1 at 6:00 PM...April Fool's Day.

No venue has been scheduled for this abrupt change in date. Apparently the re-scheduling announced last night was NOT done in consultation with the Mayor or his legal team...and it is the night before the Tuesday, April 2nd election...how very convenient.

They just scheduled a mass campaign rally for the anti-TIF and pro-Paul candidates and their supporters on the eve of the election.

I couldn't have done a better job myself. Thanks.

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E. Schmidt

9:46 am on Thursday, March 21, 2013

And in yet more news...

Since Paul Martin, PC billed The Bank of Sansone for some of the hours related to the Pirrello suit against the City and the District One Residents on the Recall Effort, and then he rolled-over and played dead and DID NOT DEFEND THE CITY CHARTER AND OUR RIGHT TO RECALL, I believe the good citizens of Ellisville,, who want legal representation, will have to out-bid Sansone for the services our our City Attorney.

According to the P-D article, Paul Martin PC made almost $50,000 last year related to the TIF (and Recall.)

So, as I announced last night during the Council meeting, if 999 other good citizens will write a check for $51 each, we can out-bid Sansone and offer Paul Martin PC $51,000 to represent us in 2013. I see another use for Article 9 on the horizon and I would like to know that our own City Attorney will defend our right to use it in court if necessary.

Unfortunately, I haven't gotten any contributions to my "Buy Back Paul Martin Fund."

Please give generously,

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Tired

4:27 pm on Friday, March 22, 2013

And in other news, P90X works...Just sayin' E.

robert kerr

6:42 am on Thursday, March 21, 2013

Tick, Tock, Tick, Tock...........

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E. Schmidt

6:47 am on Thursday, March 21, 2013

Yes. Mr. kerr. It's time for a new City Council.

robert kerr

7:03 am on Thursday, March 21, 2013

We shall see, won’t we? Have you thought of the long term outcome of this argument? Let me try to convince you. If nothing is built on that corner and nothing replaces the already empty buildings in Ellisville, what do you think is going to happen? Here is what I see....the city will eventually make me pay (I live in Ellisville, I am not sure you do) for my trash removal and then it will become a slippery slope on the citizens of Ellisville to pay for the services that are currently paid by the city. That equates to an increase in taxes. In all the screaming and yelling on your side, I have not heard one peep out of you or the mayor that will address the above concerns. I think you people think a "fairy" is going to show up and sprinkle "fairy dust" over the area and poof....magic, economic activity.

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Rebecca

1:00 pm on Sunday, March 24, 2013

oh...so let's just take what we can get? Brilliant. Next?

Mike K

7:36 am on Thursday, March 21, 2013

Mr kerr, you should think about the taxes we will have to pay to make up for the 'lost' revenue that the taxpayers gave away in the TIF to Sansone/Walmart. $10 Million would pay for a lot of those same services you say you would have to pay for. Where do you think the city gets the funding to pay for your trash services, Bluebird Park and the pool/rec plex, maintaining the beautiful Bradford/Cleveland Pear trees that are about to pop in bloom any day now, or plow the streets, and any of the other services you get for 'free' from the city. Do you think a 'fairy' shows up and sprinkles money into the city coffers?

Those services (including the City Attorney's ever increasing pay @ $65K/yr part time) and more are what the taxpayers 'paid' to the Sansones, who won't hire one more person, or create one new job with that $10+ million from RPA1. Their idea for helping business in Ellisville? Give us another $10 million, not 'poof....magic, economic activity'.

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Rebecca

1:04 pm on Sunday, March 24, 2013

Bravo....thank you for that perspective. Yes, people need to realize that it's their tax money that ends up financing the TIF.

Mike K

7:37 am on Thursday, March 21, 2013

How about instead of a 30MM project with a 10MM TIF share, they just think about a 20MM project. Effectively TIFs are a city-funded up front payout to the developer that the City *borrows* to pay, and the taxpayers are paying back the loan we took out (the bond) to sprinkle 'fairy dust' on the developers idea. And if the development fails? Yup, the City is still on the hook to pay back that loan. And if the development succeeds wildly? Yup, the developer keeps the profit and the City doesn't get squat.

That is what Matt Perrillo was saying last night. They removed the TDD/CID add-on tax to RPA1. So who will pay for the 10MM bond we issued to give it to Sansone? Extra points if you see the similarity to the Prop S 'no tax' 'deal' for Rockwood.

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Bart Baker

7:47 am on Thursday, March 21, 2013

I agree, Robert. Not a single person, not the mayor, not anyone against the Wal-Mart, not anyone on the city council can name a single business that wants to come into Ellisville. Not one. If you can, Mr. Schmidt, I am listening. No one wanted a Wal-Mart but all I see are businesses shutting in Ellisville and moving elsewhere to get away from the idiocy and madness that they have to deal with. You all act like there is a line of businesses waiting to pour in. Where are they? What are they? I can name five or six that shuttered and moved within the last year. And who is going to be left paying for things including policing those empty buildings which look like an upscale suburban ghetto already? The people of Ellisville. Politics in Ellisville has become a schoolyard game. Embarrassingly so. Aside from the mild amusement I get from watching adults behave like six year old, it has gone past funny and is going to cost the residents of this city as city taxes go up. I get people don't want TIFs...but explain then the alternative to getting businesses to return to a city loaded with upscale housing where they actually should be knocking on our door. All I see are people AGAINST something, name one thing they are actually FOR.

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Wildwood Tax Payer/Voter

8:43 am on Thursday, March 21, 2013

Based on the extremely negative press in Ellisville, I doubt that any new business wants to open up shop there. But the City Council could likely find several that were willing to ignore the shenanigans in exchange for $10 million "free" tax dollars. Has Ellisville offered all of that TIFF $ to small businesses or is it just to Sansone/Walmart, in exchange for favors from the Big Boys?

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E. Schmidt

3:01 pm on Thursday, March 21, 2013

THF feigned poverty and wanted a TIF to build a Walmart in Florissant. In 2010, Florissant said "NO."

THF came back and still wants to build the Walmart. So, that "but for" provision turned out to be hogwash...and is in almost all cases.

THF can pay for the Walmart, but why should they if they can con some gullible city council into giving them millions? Fortunately, Florissant isn't stupid.

Now THF just wants a CID of 1% and they are unlikely to get that out of Florissant.

http://florissant.patch.com/articles/florissant-residents-oppose-walmart-cid-proposal

>>>The people of Ellisville. Politics in Ellisville has become a schoolyard game. Embarrassingly so.<<<

You ain't seen nuthin' yet.

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Mike K

3:06 pm on Thursday, March 21, 2013

There are some. Veritas, the recent gun shop next to Lukas Liquors, and a new craft beer place going into where the Chevy's was.

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CSloan

6:29 pm on Thursday, March 21, 2013

No, there is no line. Most of us don't have a herd of people breaking down our door demanding sex either, but that doesn't mean the best option is to go to a hooker. Paying a developer to find businesses willing to take on the horrible, terrible, no good burden of operating on a busy road in an affluent community is not only insane, it's a big "screw you" to businesses that start on their own dime and assume the same risks every other new business does.

Jim

8:16 am on Thursday, March 21, 2013

Why not simply have all residents and business in Ellisville vote yes or no on this whole thing. If everyone is in agreement with the city council, it is a go, but if the citizens disagree, then make this all go away ! I am sure the powers that be would not like this, and would never allow it to happen, because it doesn't serve their interest.
I have a business in Ellisville, and I can assure you that when my lease is up, I will move to either Chesterfield or Ballwin as soon as I possibly can !

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Ellisville Walmart hater

8:43 am on Thursday, March 21, 2013

businesses are leaving Ellisville probably due to the politics going on. Why can't small businesses receive TIF money, they probably use their own funds. Large businesses don't need TIF. Get another developer who will work without TIF money! I'm sure they are out there somewhere. All Sansone does with the TIF is put it in their bank account - that is why they are rich!!!!

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robert kerr

8:55 am on Thursday, March 21, 2013

Mike K

You obviously do not understand economic activity. If you would read the proposal you would see your scenario is not correct...there is not "lost" revenue. The development will increase the collection of sales taxes once the building is finished. The money is not given away. People that enter the business will pay the sales tax, which in turn, a percentage of the sales tax will pay the TIF, you sir, will not pay anything if you wish to not buy a product. Today, there is no economic activity on that prime corner, hence no collection of any sales tax. If you build a building and sell products, then logically, you will increase the collection of taxes on an area that produces “zero” now. If the collection of sales taxes decrease, then logically, the services that are provided by the city must be cut, which then means that, I, citizen of Ellisville, must be forced to pay for the collection of my trash, maintenance of the park and snow removal. The pool was paid by previous sales taxes collected and is maintain by residents that pay a fee to enter. Since I do not go to the pool I do not pay the fee (tax).

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Mister Kister

9:22 am on Thursday, March 21, 2013

Robert Kerr does not understand our Constitutional rights or the History of the United States..

The Boston Tea Party was done because the gov't (King George) put a tax on tea where the money would go to the corporation called East India Trading Company.

The American Colonists were upset that money would go to a corporation.

The gov't was choosing which business would succeed.

The BEST economic structure is where businesses are NEVER helped by gov't.

Taking taxes from the people and giving them to businesses is ALWAYS wrong.

Gov't has NO BUSINESS deciding which business gets income from taxes imposed by the gov't, or pays less taxes than it's competitors.

Gov't has NO BUSINESS deciding which business succeed or fail. That is NOT the purpose of gov't.

The purpose of gov't is defined in the Declaration of Independence and common law. The purpose of gov't is to protect the rights of THE PEOPLE, not the businesses or the business owners.

A successful business should be able to stand on it's own. If a business makes shoddy products or can not compete, it should fail.

Mister Kister

9:31 am on Thursday, March 21, 2013

What is even worse, is that gov't can place American citizens IN DEBT then give the money to corporations owned in part by themselves, their families, their relatives, their friends AND OR their political contributors.

Does Sansone own the property in question? Has or is Sansone contributing to the election of politicians who will vote favorably for TIF for Sansone? Do the politicians own any stock in ANY of the businesses that will be part of the TIF?

These are issues of corruption & theft.

This is slavery. The Bible says in Proverbs: "A Debtor is a slave to the lender"

Julius Caesar is credited with saying "The power to tax is the power to destroy"

I ask everyone "What is the power to place you in debt & give the money to others"?

That is corruption & tyranny.

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Wildwood Tax Payer/Voter

9:37 am on Thursday, March 21, 2013

Robert, The $10 million in TIFF comes directly off the top of tax monies that should be funding your services (i.e., trash, snow removal, etc.). It's guaranteed payments but your services are not guaranteed. So if you do not have the customer base needed to pay back those TIFF funds via Walmart taxes, the City of Ellisville loses funds from its operating budget (i.e., trash, streets, etc.). It's exactly what Rockwood School Board has been pushing on its residents for 20+ years. There is NO such thing as "no tax increase" bonds, TIFF, etc. Ultimately, you, the tax payer fund them. All of the bonds, TIFFs, etc. are truly tax on the middle class. There are Walmarts in the area and all over the country that are closing up shop. What do you think happens if Ellsville experiences the same issue prior to TIFF monies getting paid off? Do you think those loans for TIFF are forgiven? Nope, they are paid first, prior to Ellisville receiving one dime. It's legalized gambling by rich folks, i.e., Walmarts, Sansones, Glen Construction Co.'s, with lots of lawyer kickbacks to fund. None of ANYTHING to lose and all to gain. The gamble is on you, the taxpayer.

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Bill Gantz

11:40 am on Thursday, March 21, 2013

The original goal was to get a developer for the vacant auto dealer property at Clarkson and Manchester. Ellisville needs more residents to patronize the existing commercial property that we already have. Instead we are subsidizing the demolition of 100 units of reasonable affordable housing and chasing away hundreds of residents, plus devaluing the property immediately south of the proposed Walmart. The TIF subsidy for Walmart could have instead been used to stimulate the development of several hundred additional units of housing, and attract hundreds of new residents, similar to what was developed on the old Target site in downtown Kirkwood. What an outstanding transformation that has accomplished! Apartments and condos also pay property taxes! And residents spend money on sales taxes! If we received no immediate responses for developing the auto dealer property in 2009 & 2010, remember that the initial requests for proposals went out at the start of the housing bust and great recession. And whoever owns the auto property still had (and may still have) an inflated sense of what his obsolete and likely contaminated property is really worth. TIF's also tend to inflate land values of the subject properties. We should have been patient. It is still not too late for a do over. Council members, please find the courage to listen to your constituents and reconsider the Walmart subsidy. Let Walmart come on their own nickel if they really want to be here.

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robert kerr

11:53 am on Thursday, March 21, 2013

Wildwood taxpayer,
If you live in Wildwood, you do not have a dog in our hunt..but here you go……
It does not come off the top. The property is producing "zero" income for the city, except for property taxes, today. If you take the time to go over the proposal and the figures (see Manchester collection of sales taxes) you will find the numbers increase, not decrease. Do you mean no one will shop at Wal-mart in Ellisville? Have you ever heard of a Wal-Mart closing, anywhere? You argument doesn’t hold water. Sir, if you do not shop at Wal-Mart, you will not pay the TIF, period, end of story. The TIF is paid by a % of the sales taxes collected. The projection of increase will fund the city and school districts, with INCREASED money. For, instance, if the sales tax is 8% and the TIF is paid 2%, then 6% will go to the city. The property is producing "zero" sales taxes now. If you would read the proposal and look at the numbers, you may be enlightened. As for Mister Kister, "give me liberty or give death." Yes, I am enslaved, right.

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Mike K

3:23 pm on Thursday, March 21, 2013

Mr. Kerr. You should stick to your field of expertise. " For, instance, if the sales tax is 8% and the TIF is paid 2%, then 6% will go to the city."

Please explain why more than 0% of that 8% sales tax should go to *anyone* except the city? Why should Sansone get a kickback from the city for sales tax collected? If they cannot develop property (their business) without being subsidized by the taxpayers -- who will NOT GET THE FULL 8% sales tax that they get from *EVERY OTHER BUSINESS* in Ellisville -- then they should fail as a business if their business model is a failure "but for" a government subsidy.

And if Ellisville gets the full 8% of the sales tax (actually about 4%, since we split it with the state) every other business collects from its customers, why should Walmart/Sansone not have to either?

Because they threaten to go find another sucker city council down the road stupid enough to fall for this taxpayer ripoff scheme? The majority of the citizens have clearly said "NO" to TIFs, but our Council didn't bother to listen until their collective behinds were in a sling over the RPA1/Walmart TIF deal and going after the Mayor for actually acting on what his constituents overwhelmingly were telling him they wanted the council and city government to do about it.

Walmart and Sansone demand TIFs in their developments because they know that there is another one born every minute. The "but for" clause is an unequivocably fraudulent claim by any measure.

Rockwood 25

3:49 pm on Thursday, March 21, 2013

In active, relatively affluent areas such as Ellisville, all TIF does is shift costs from businesses operating in the area (and businesses WILL build there once this all blows over) to the average taxpayer. That includes costs for Ellisville services as well as extra costs for every Rockwood taxpayer who gets shafted with TIFs.
That busy corner is hardly blighted, even though Sansone has made a great deal of money making those claims and threatening cities with an empty corner. Less are empty in vibrant cities like Ellisville when they make it clear that they will not support a TIF and REAL taxpaying businesses get a crack at the land instead of Wal-Mart tying up the entire process.

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Mike K

4:13 pm on Thursday, March 21, 2013

Rockwood 25 has it right. Walmart basically takes all of the air out of the room when it moves in. It sucks up *existing* economic activity and *transfers* it from the surrounding businesses to the new store. This is how they decide where to place a new store in the first place.

Not on any pipe dreams of creating new wealth where there was previously none. Not at the end of any rainbows promising increased economic activity. Nor riding on any unicorns spewing fountains of sales tax revenues after the TIF bonds are retired (because they shutter the store, leave it empty and an eyesore so that the developer can get another crack at a new TIF cycle).

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Mike K

4:14 pm on Thursday, March 21, 2013

And for those playing along, extra points if you "get it" that every sales tax dollar that Kmart across the street *used to collect* before the Walmart came in, generated the full 8% towards the City of Ellisville, whereas that same consumer dollar being spent in the new Walmart instead will only put *6%* into the coffers of the City.

So, effectively, the City (and us taxpayers) just took a 2% haircut on sales tax revenue *for the next 20 years* and gave it to the Sansone family in a lump sum payout right now, in today's dollars.

If we do 50 more TIFs (for those "TIFs R teh goodest" folks), we can just pay our taxes directly to the Sansone family investment income and retirement fund. So that the poor, suffering Sansone family will only have to pay the 10% capital gains rate on their "income" instead of the 25-35% rate that the rest of us pay on our "income" from paychecks for doing real work.

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Mike K

5:01 pm on Thursday, March 21, 2013

P.S. I don't have a grudge against the Sansones. Other than that they really should try to find a business model that can stand on its own without the government giving them a handout. It makes them look like "takers" living off of entitlement programs.

Hint: If they want some good PR, how about they tell us about all of their successful developments that were done without a single penny of TIF and the resulting positive economic development that resulted from their successful activities despite competition from other "takers" smoking the TIF crack pipe. I'll wait.

robert kerr

8:29 pm on Thursday, March 21, 2013

No Mike,
If you do not shop at either store YOU DO NOT PAY ANYTHING, get it!
Mike, it is real simple, Sansone will produce the building (48 million) the city will pay off the cost of building by by paying a % of the increased sales....this is not rocket science.

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brownbear123

8:40 pm on Thursday, March 21, 2013

How much sales tax does KMart generate??Or the Golden Wok? KMart will close soon and we will have matching vacant corners. What did WalMart do for Manchester? A new bright shopping area would be welcome. The 20 people that support Mayor Paul are his friends just wanting their 30 seconds of fame on the media. Ellisville also has a provision for the empty WalMart should it close.

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Wildwood Tax Payer/Voter

9:02 pm on Thursday, March 21, 2013

My suggestion to some of Ellisville residents is to actually research and attempt to understand the principles of macroeconomics. There is a limited amount of "sales tax" to be found in Ellisville, in the same way that there is a limited gross national product. Numbers do not change. Populations do not increase. Residents do not suddenly have more disposable income. None of these things occur, just because Walmart pulls into town. Whatever Walmart is able to produce in sales tax will simply be transferred from all other businesses (who will be put out of business). You still have the same amount of spending. Walmart has done nothing good for ANY community. Take a drive through some once thriving rural areas and see what Walmart has done for them. They are now ghost towns without small businesses or jobs. Most residents leave ghost towns. And while that may not be the case in Ellisville, it IS the Walmart business model. They're taking entitlements from both ends. They take TIF "entitlement" funds for development via a local developer. And then they take government/state "entitlement" funds for all of their low-paid employees. Are you aware that Walmart has a corporate department that actually walks its employees through the welfare system, i.e., Medicaid, Food Stamps, Etc. The employees of Walmart can qualify for "entitlements' due to Big Box not paying them a decent wage or providing insurance benefits. Why do you think they employee so many part-time employees? Wally=Thief.

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brownbear123

9:03 pm on Thursday, March 21, 2013

Ellisville did not throw out the people in the apartments, the owners gladly sold the buildings. Maybe the apartments could be built next to E. Schmidts house.as section 8 housing. They could plow her street because Ellisville will no longer have the funds to plow the street. Ellisville is a media event because of some people don't know how to run a business. It takes money to make money. If it goes for a vote of the residents Paul and his friends will use the media to scare the residents about lower property values, trash, lighting, traffic,etc Maybe Glen Construction will put in a bid. Any proposals for Fountain Plaza? Sinclair Lincoln, Best Buy, Arts Lawnmower??? We don't need an apartment building. Do we want a Steam Boat Village like in Ballwin?? We need a shopping venue with nice small shops, cafes, and Wal Mart will bring that in TIF will generate JOBS< TAXES. Look for more businesses to move out of the city. No bowling allies with a street full of pot holes Sansone is a respected organization and would make that intersection proud. Once the proposed buildings are rejected and they move west of Ellisville to Franklin County we will be the west county gheto.

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Mike K

10:12 pm on Thursday, March 21, 2013

@BrownBear123: "the owners gladly sold the buildings".
If by 'gladly' you mean take a 10% haircut on fair value or lose far more than that when puppet attorney Martin (who got almost his entire year's salary from Sansone alone, $50K) drafts up the eminent domain papers, then I guess 'gladly' would apply.

Sort of like how you 'gladly' pay a $100 'administrative fee' for a red light camera violation instead of a $80 fine for a moving violation.

If Franklin County wants to whore themselves out to be the next TIF victim, I have zero problems with that.

And that provision if they close/move? The loophole the City Attorney overlooked? They have no obligation to tear it down - unless the City pays for it. Got any magic 'fairy dust' saying around to pay for that with an empty giant store generating no revenue, just like the empty Kmart across the street would be, and the empty Best Buy, and the empty Moore dealerships, etc.

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robert kerr

6:10 am on Friday, March 22, 2013

Mike
Do you now that the people that own the apartments, oil shop, and the vet took a 10% "haircut?" Are you privy to some info we do not have? The area, as I understand it, has been under eminent domain, since the 1960's. Mike you really must keep on task...please stick with one topic at a time.

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Mike K

8:58 am on Friday, March 22, 2013

How do you know they 'gladly' got bought out or the more likely scenario that the City, the City Attorney (who got paid $50K from Sansone, remember) and walmart weren't willing to use whatever means necessary to purchase that property, and if they weren't willing to sell at a discount, what makes you think they *wouldn't* abuse eminent domain to acquire the property as has been done elsewhere?

What inside knowledge do you have? Do you know the owners? Didn't think so.
Your speculation is far less supportable by circumstances than my own.
Once more your credibility is absent from the conversation.

E. Schmidt

7:57 am on Friday, March 22, 2013

Since the Apartments weren’t built until the 1970s and Valvoline Oil Change is the most recent addition within the past decade? (or so,) how could anyone legally build on property that has “been under eminent domain” as you say since the 1960s?

Do you even have a clue as to what you are talking about?

Perhaps your students and SLCC-Wildwood listen to you blow long and hard because they don’t have any choice and they are too young to tell just how “full of it” you are.

Everyone on this board is an adult and not impressed by your self-touted academic credentials not to mention your inability to reason, write in complete sentences or spell.

You must really keep on task and stick the facts rather than fabricate them…under eminent domain since the 1960s…good gawd…

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robert kerr

11:15 am on Friday, March 22, 2013

Ms Schimdt,
I just viewed your anti TIF statement in front of the board, in April, 2012. Let me see if I have this correct. Ms. Schmidt, 48 Cathcart Dr, Apr C, stated, “the election was a referendum by proxy (the mayor only has 1 vote, not total decision making) on welfare for the wealthy” and she made reference to Article 9 of the Charter. Further, she believed that “the apartments were zoned commercial and believed the intent of the eminent domain resolution was to protect all residents.” Do I have that correct or did I miss something, Ms Schimdt? Yes, eminent domain does protect residents, but only the people that actually own the property. I read all of the statements by the local business people from the area (Barney's, Mansfield, the owners of the apartments, ect) acknowledging their support for the development. I do not tout my credentials, but you seem to be enthralled by them. Do I have the facts straight, Ms Schimdt or did I miss anything? I do my homework.......

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E. Schmidt

11:42 am on Friday, March 22, 2013

I don't know what facts you think you have Mr. Kerr of 66 Oak Hill Dr.

All I know is in 2005, the City Council passed a resolution to limit the use of Eminent Domain. Since it is a resolution, rather than an ordinance with the force of LAW, it is not worth the paper it is written on.

Nonetheless it says:

>>>SECTION 1: The City Council will not grant a private developer the use of eminent domain in a residential district solely for a private economic development project having no other public purpose as set out above.<<<

http://www.ellisville.mo.us/vertical/sites/%7B33CED3E0-6A3F-4820-B73B-819111695B3A%7D/uploads/Resolution_to_Limit_Use_of_Eminent_Domain.pdf

Back in 2005, these apartments had a different zoning and use designation. They are now C-3 Commercial. Use and zoning designations change over time.

Being under "eminent domain" means your property has been actively designated to be forcibly taken for other use...and you property is tied-up in some sort of legal process or you are actively fighting it in court.

Being open to the Threat of Eminent Domain is a different matter.

You said: >>>The area, as I understand it, has been under eminent domain, since the 1960's.<<<

That is clearly impossible.

I understand that English may not be your native tongue. Please be clearer if possible.

Mike K

12:42 pm on Friday, March 22, 2013

Mr. Kerr, you also incorrectly conclude that an act of sale of property with apartments on it that were clearly an investment by the property owners to provide housing for residents, as somehow being the same as 'support' for the RPA2 development. That conclusion cannot be drawn from the facts, unless you can cite your sources for such a claim, as you are not among the property owners in question.

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E. Schmidt

1:07 pm on Friday, March 22, 2013

At least he's writing in something akin to complete sentences now.

Don't expect him to understand that signing an option to sell contract under the Threat of Eminent Domain is not a "willing" transaction between a buyer and a seller.

He's also likely to not understand that when approached by strange threatening man who says, "Give me your wallet. I've got a gun, but don't want to use it." while having his hand in his pocket, is in fact armed robbery to the person who's getting his wallet stolen.

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CSloan

1:40 pm on Friday, March 22, 2013

Now, now. Aren't you at least a little impressed with his mastery of the magic Google machine? I mean, I know you've been active and out in front of this issue for, oh, YEARS, in the press, etc, but I'm still going to give him a slow clap. There's no hiding from Bob Kerr!

...but then again, I'm easily impressed. I've been under eminent domain since the 1960s.

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E. Schmidt

2:21 pm on Friday, March 22, 2013

Hold that slow clap. For a guy who claims to teach history at the community college level and claims >>>I do my homework.......<<<, he's apparently not aware the MO TIF Act only goes back to 1982, not the 1960s.

99.800. Sections 99.800 to 99.865 shall be known and may be cited as the "Real Property Tax Increment Allocation Redevelopment Act".

(L. 1982 H.B. 1411 & 1587 § 1)

>>>I've been under eminent domain since the 1960s<<<

I hope you recover.

Yes. The 1960s were hard on many of us. Maybe this is the problem with Mr. Kerr.

robert kerr

12:44 pm on Friday, March 22, 2013

My dear,
I do understand your argument and narrow self interest. I do understand you wish not to move, but you have no say in the matter. I understand you wish to attack people that do not agree with you. Some people, when backed in a corner tend to attack, name call, degrade, denigrate and pooh-pooh their ideas. I understand that politics is a full contact sport, but when facts are not on your side, some people resort to the above tactics. The property is not being forcibly taken, it is being sold. I assume that I quoted you properly at the Aprl 2012 Coincil meeting, right? By the way, I do have two dogs and I can translate the above into German, if you wish.

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Mike K

5:22 pm on Friday, March 22, 2013

You mistake merely one of Ms. Schmidt's interests as her only interest, or even her primary interest. Yet another logic fail, Mr. Kerr.

You see, people are multi-faceted and are able to consider multiple interests before taking action or multiple actions, not all with the same effort. We're trying really hard to provide the opportunity for you to keep up, but sometimes, the big kids just have to resign themselves to allowing you to play by yourself with your floaties in the shallow end of the gene pool.

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Mike K

5:24 pm on Friday, March 22, 2013

@RKerr: "I understand that politics is a full contact sport, but when facts are not on your side, some people resort to the above tactics."

Am I correctly inferring a reasonably well-thought out reference to the actions of the City Council and the City Attorney in the matter of attempting to remove Mayor Paul? Congratulations!

Sandra Eskridge

4:02 pm on Friday, March 22, 2013

Ladies and Gentlemen,
I bet not one of those apartment owners actually lived on the premises sold. It is the unfortunate residents of the apartments who were the real losers in that circumstance. How heartless you are to condemn those residents simply because they could only afford a rent below most of your monthly housing costs. In fact, after reading so many of your comments, I am beginning to think that getting rid of those apartments were the only thing on the agenda initially, and now, whoops! -- what can be done with the empty space is beginning to backfire on all of you. In fact, given the current economic quandry, some of you may eventually wish you had those apartments as your own housing opportunity.

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robert kerr

5:41 pm on Friday, March 22, 2013

Mike,
If the charges of taping a conversation in an executive meeting is found to be true, then are you not concerned with that issue? Impeachment is politics, not personal, my man. Please respond without personal attacks, I know you can do it.
Sandra,
It is not heartless to sell your own property. Are you going to let me come over to your house and rent a bedroom and then, have a say, when you can sell your house? People that live in apartments are renters of private property and have no say in the disposition of that property...economic reality 101.

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Mike K

8:09 pm on Friday, March 22, 2013

The charges of taping a conversation were *dropped* from the alleged activities.

The Mayor has no need to record closed sessions of Council meetings because the City Clerk already records them and the Mayor (or any Council Member or the City Attorney if present) need simply ask the City Clerk for a copy or to play them back for him/her.

And since the allegation was removed from the proposed amended resolution, no, I am not concerned at all. Shouldn't you be concerned about the City Attorney perjuring himself and spending time collecting "evidence" or conducting an "investigation" on his own, without any directive or authorization from the Council to do so? I am.

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E. Schmidt

7:27 am on Saturday, March 23, 2013

Shouldn't Mr. Kerr be concerned that City Attorney Paul Martin failed to give the new Mayor a timely and full legal orientation after his election last year?

Shouldn't Mr. Kerr be concerned that the City Attorney Paul Martin failed to defend the citizens right to Recall under Article 9, but rather rolled over and played dead and then billed Sansone for some of the hours related to that case?

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E. Schmidt

7:50 am on Saturday, March 23, 2013

>>>Shouldn't you be concerned about the City Attorney perjuring himself and spending time collecting "evidence" or conducting an "investigation" on his own, without any directive or authorization from the Council to do so?<<<

I am also concerned about this.

I am also concerned that even after Atty. Martin was forced to drop the alcohol related charges against the Mayor on advice of "other" legal counsel, Martin continued to insist he had "evidence" to the press. At no time did the City Council hold the Mayor down to draw for blood alcohol, make him blow a breathalyzer or run a sample to a lab with a proper chain of custody....that would be "evidence"...which might hold up in a court of law, assuming it didn't violate the Mayor's right to unreasonable search and seizure.

Martin, by continuing to insist he had "evidence" on the alcohol charges further places the city at risk.

Also why did Martin not know many of those charges were NOT cause for removal?

I would think that Martin who is legal counsel to many municipalities and special legal counsel to many more, would have a better grip on the law. This is what we get for a monthly retainer of $2,725 and a $175 hourly rate?

Incompetency that places us at risk for a defamation lawsuit?

What is this really about?

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E. Schmidt

8:45 am on Saturday, March 23, 2013

I am also concerned that every member of the Council - with the exception of Linda Reel - signed on to Michelle Murray's motion directing Atty. Martin to write a Preliminary Resolution to remove the Mayor.

Did they know Paul Martin was keeping a laundry list of supposed transgression on the Mayor?

Did they know many of those charges were in reality NOT grounds for removal but indeed potentially defamatory and might place the city at risk for a law suit?

Did they understand the nature of the so-called "evidence?"

Or did the just "trust the lawyer?"

Were they played for fools and patsies? Were they complicit? Was there collusion? Was there conspiracy?

Why would Paul Martin place his personal and professional reputation and those of the Council Members (with the exception of Linda Reel) at risk ???

Little wonder it took the Mayor's legal team more than two weeks to get blank subpoenas...and now the date of the hearing had to be moved back...to April Fool's Day…What is unclear is on whom the joke will be...

What is this all about?

robert kerr

5:57 pm on Friday, March 22, 2013

Ms Schmidt,
But you have already stated that the apartments were considered commercial property, not residential, in your statement to the council, in April, 2012. Do you wish me to repeat your statement for you, it as afterall, in the public record.
As I see, by your other statements, you're still using inuendo, personal attacks, degrading language, name calling and denigration in your post, please be more original. I am just an Ellisville citizen who votes. Tick, Toc, Tic, Tock....Tic.....

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E. Schmidt

6:24 pm on Friday, March 22, 2013

I understand that you don't understand the difference between designated use and zoning designation and don't appreciate how vague (and worthless) the Resolution To Limit the Use of Eminent Domain is. That's fine.

robert kerr

7:25 pm on Friday, March 22, 2013

Ms Schmidt,
I was asked by Shemp to answer his question on eminent domain. Yes, I must be the stupid one. Do you guys/gals take turns or something? By your own statements, you have admitted that the Clarkchester apartments were and are, zoned commercial, which means that Wal-Mart can be built there without rezoning. Would you like a copy of your statement? Please see the other posts on the other page. Your serve.

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Mike K

8:22 pm on Friday, March 22, 2013

Mr. Kerr is hereby designated the "Pivot Man".

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robert kerr

4:54 pm on Sunday, March 24, 2013

Mikie.....is that baskeball lingo? No depth or facts, just drivel.

Rebecca

1:15 pm on Sunday, March 24, 2013

So...is that how it works now? The council members are called out ("For you all not to listen to the people who put you in office is wrong," Paul said. "Shame on you.") and they retaliate by 'ousting' a mayor who is apparently one of two (Michelle Murray) that are actually working for the people of Ellisville, as elected? I can't believe that that's even allowed or that you all would think of doing that! Did one of you stop and think that maybe Mayor Paul is right? Or were you too busy thinking of your own agenda? The rest of you need to take another look at your responsibilities. Mayor Paul is right on....shame on you.

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K James

2:14 pm on Sunday, March 24, 2013

Rebecca;
The problem with Mayor Paul, whether he is right or not, is that he has absolutely no clue what he is doing, and has no idea how to run a counsel. Michelle Murray was against the tiff, and she was vocal about it. But NO ONE suggested she be removed. The problem with Mayor Paul is that he never took the time to learn how a city works and how to follow the laws set forth in the Charter. Mayor Paul isn't being scrutinized because he is against TIF or Walmart. He is being confronted due to his inability to follow the LAW

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E. Schmidt

7:24 pm on Sunday, March 24, 2013

Are you KJames or K James or the "Katie James"?

Well, whoever you are, one would think that if a resident lodged a charter compliant against the Mayor under oath, they'd at least bother to get the correct section of the city charter correct if they cared about the LAW.

robert kerr

5:14 pm on Sunday, March 24, 2013

Mikie,
Please see the citation, April 2012, Ellisville Council meeting, which the owners of said property agree with the development. Facts, my boy, always get in the way of emotion. Please read the minutes and it will eye opening. Can you hear the jackhammers, yet? I can.

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E. Schmidt

7:20 pm on Sunday, March 24, 2013

One set of owners was very enthusiastic and vocal.

Others remained quiet.

Perhaps you're unaware of what kind of clauses can be found in options contracts.

Your claim proves nothing other than one set of owners was enthusiastic...that's all.

Rebecca

9:28 am on Monday, March 25, 2013

“Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.”
Margaret Mead (1902-1978);
cultural anthropologist

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C. Panter

12:13 pm on Monday, March 25, 2013

Yeah... Walmart and Sansone need TIF money like we need more snow. How is it that Florissant told them to go pound sand when they asked their city for TIF money, yet the project was completed, anyway, without it. And what are we doing to attract tennants for the other, several empty commercial spaces in our city?

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robert kerr

2:09 pm on Monday, March 25, 2013

C Panter
I live in Ellisville and not Florissant. Ellisville did not tell Wal-Mart to pound sand.....

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Mike K

2:13 pm on Monday, March 25, 2013

@CPanter: That is because, the 'but for' clause is an out and out LIE by the developer. And the designation of an area needing development is not 'blighted' just because a city is desperate to shovel taxpayer money at the developer and cripple future budgets for 20 years to pay of the TIF bond.

What are we doing to attract other businesses? Well, that's a question for the outgoing council members Murray, Anglin, and Pieper, Acup, Perrillo and City Attorney Martin who pocketed $50K from Sansone to help get the deal done. On top of the $65K the City - us taxpayers - paid him to look after our interests.

They are the ones that effed over all the other businesses - including local ones - to the sole benefit of Walmart, the Sansones, and City Attorney Martin.

They are the same ones holding a kangaroo court on April Fool's Day to forcibly remove our duly elected Mayor from serving the City for the remaining two years of his term.

The current council does not care about your vote. It seems City Attorney Martin has appointed himself 'Dictator of Ellisville', but the tater is just a formality. I've seen him dictate legislation directly to the City Clerk, made up on the fly, to be voted on by our 'informed' council.

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