Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Messages - kevinhillman

Pages: « 1 2 3 4 5 6 7 8 9
241
City Government Opinion / Re: St. Robert Aquatic Park
« on: February 02, 2010, 03:44:23 AM »
No discussion on prices.  You would not believe how much work was involved in the design and bid process for this size project.  I am sure the park committee and the newly hired pool manager, whoever that is, will work on that in the future.  I am sure that it will be very reasonable.

242
City Government Opinion / Re: St. Robert Aquatic Park
« on: February 02, 2010, 02:40:32 AM »
Correct, the outdoor pool will open in Spring 2011.  We could not have it ready for Summer 2010.  However, we hope to get the indoor part open for Winter 2010-2011.
 
Bales Construction in Waynesville was awarded the bid this evening so we should get a much better timeline soon.

243
City Government Opinion / Re: St. Robert Aquatic Park
« on: February 01, 2010, 10:34:10 PM »
We hope to have the indoor facility ready for next winter.  There was no way we could ever have the outdoor portion ready for next Spring.  The amount of design and prep work was amazing, but you should see some actual construction soon.  The contractor will be selected tonight at city council.
 
Kevin Hillman
St. Robert City Attorney

244
I thought you all may want to see the updated alert sent out by the NRA after speaking with them.  Hopefully, this puts to rest the idea that we were somehow trying to restrict self-defense in St. Robert.  Here is the link: http://www.nraila.org/Legislation/Read.aspx?ID=5236
 
Kevin Hillman
St. Robert City Attorney

245
I have attached a letter from Mayor Sanders in regards to the supposed ban on firearm discharge in St. Robert.  I also put the text below.  I hope it also helps clear up the confusion.  As I stated earlier, we were actually trying to allow for hunting in the city this season, not ban anyone's firearms or prevent them from defending themselves.
 
Kevin Hillman
St. Robert City Attorney
 
 
 
November 25, 2009

Re:  Recent Changes to City Code Regarding Firearms and Hunting

It has come to my attention that a recent posting on a website has stated “City of St. Robert Passes Discharge Ban!”  The information contained in that posting is not correct and has left out important information.

On October 5, 2009, the City Council adopted an ordinance to amend Section 200.240 of the City Code which is the section that deals with firearms.  The amendment actually relaxed the firearm restrictions and allowed for hunting with a firearm in areas of the city that are zoned agricultural.  In addition, the amendment allowed for hunting with a bow or cross-bow in other areas of the city. 

The intent of the city council was to allow for hunting within the city limits.  There was no intent to limit the ability of anyone to defend their persons or homes with a firearm.  It should be noted that Section 200.240 of the City Code also has a specific section allowing a city resident to be “engaged in an act of lawful defense.”  As such, the “Castle Doctrine” of self-defense as stated in Sections 563.031 and 563.074 R.S.Mo. is clearly recognized by the City of St. Robert.

After that meeting, it was discovered that another existing section of the city code did not allow for the use of air guns, cross bows, or bows and arrows within the city limits.  That section does not mention firearms.  This was Section 200.250 of the City Code, which is the section cited by the website.  Therefore, in order to allow hunting in the city limits, the city council amended Section 200.250 to allow for bow and cross-bow hunting.

It appears that Section 200.250 has been in the City Code for over 20 years.  It should also be pointed out that the section that was amended specifically to relax the restrictions in place for a number of years for weapons other than firearms.  It was not done to restrict the ability to own a firearm or use it in an act of lawful self-defense.

Finally, it should be noted that state statutes always take precedence over a municipal ordinance.  As such, Sections 563.031 and 563.074 R.S. Mo. which state Missouri’s “Castle Doctrine” apply in the City of St. Robert and take precedence over the ordinances.

It is my hope that this clears up any misunderstanding that may have arisen from the steps city council took to allow for hunting this firearm and bow season in the City of St. Robert.  I believe I speak for the majority of the City Council in stating that we support the Second Amendment and the right of all Americans to own and use a firearm for their protection.

Sincerely,



George Sanders
Mayor, City of St. Robert, Missouri
 

[attachment deleted by admin]

246
My former neighbor Matrsnot is correct.  The castle doctrine and state law would preempt any ordinance.  So, you are still allowed to defend yourself and it was never anyone's intention to take that away.
 
The prohibition against firing any projectile was actually already in the city code and has been there for many years.  We amended that section to allow firearm hunting in areas zoned agricultural and to allow bow hunting in other areas of the city. 
 
I think you'll find that most, if not all, members of the city council are strong supporters of the 2nd Amendment and this was not done to restrict anyone's right to their firearms.  In fact, it was done to allow some hunting and to clarify where you could do that.  I wrote the changes so I have it on pretty good authority that there was no secret agenda.
 
I hope that clears up any confusion.
 
Kevin Hillman
St. Robert City Attorney

247
Local News / Re: Where's the Chimney?
« on: November 19, 2009, 02:54:01 PM »
The chimney was removed as part of an effort headed by Mayor Sanders and others to preserve it.  The plan is for it to be placed in a park as a memorial in recognition that it was part of the African-American USO Club.  I am sure that there will be more information to follow as they are working out the engineering right now.  Bottom line, it is safe and will be back out in a spot where it can get the recognition it deserves.
 
Kevin Hillman
St. Robert City Attorney

248
Local News / Re: Plans for Ramada Inn announced
« on: November 15, 2009, 04:25:39 AM »
TIF stands for Tax Increment Financing.  Basically, it allows a developer to recoup some of the money they have invested in infastructure costs like roads, sewer, water, etc.  It can be used only under certain criteria and Rep. Day is correct, it has to have an economic benefit.  The most common criteria used is blighted property, which means basically run down or getting run down for TIF purposes.  That is what is being used for the Ramada.  The folks that own it now have done a great job maintaining it, but it is at the end of its lifespan and the building either needs to be gutted and completely remodeled or torn down.
 
Here is how TIF works.  You have 2 types of taxes in a TIF, property and sales:
 
For property, you take the base assessed value at the time of the TIF, so for example lets say the property generates $100.00 in real estate taxes.  If the developer is able to build and attract new business to the site and the property begins to produce $500.00 in real estate taxes, the difference is $400.00.  The additional revenue goes into a special fund that is used to reimburse the developer.  The original $100.00 gets paid to the school district, city, county etc.
 
For sales tax, the developer gets 1/2 of the new sales tax produced.  Again, say the property produces $100.00 of sales tax when you put the TIF into place and $500.00 is the new amount produced, then the developer gets $200 of the additional $400 and the the other $200 plus original $100 goes to the taxing districts.
 
TIFs last for 23 years or until they reimburse the developer.  TIF #1 in St. Robert which included Ruby Tuesday and the Fairfield Inn paid off 7 years early.  The assessed value in that area went for a few thousand dollars to millions.  TIF #2, which includes Oak Point Apartments, Aussie Jacks is set to pay off a couple of years early and again it is a huge gain in value.  If they do not pay off, the developer eats the costs.
 
In the case of the Ramada, there is going to be some significant demolition and remodeling costs.  There is no way for this to be profitable without TIF.  However, the City believes that in the end, this will greatly improve one of the highest visibility intersections in our area and bring new business, new jobs, and ulitmately better retail and dining selections to our area. 
 
The hearing is November 30th at 6:00 pm at City Hall if you are interested.  You can always stop by and see me and ask questions.  Sorry to be so wordy, but you asked and I am a lawyer.
 
Kevin Hillman
St. Robert City Attorney
 
p.s. By the way, anyone can propose a TIF plan.  However, they generally cost the developer close to $100k in legal fees.  The developer has to pay their own fees and the City's fees and must put up a deposit of $15k to the City right off the back.  Not to mention the millions they have to dump into a project in hopes that it works.

249
City Government Opinion / Re: stoplight timing
« on: July 21, 2009, 01:43:55 PM »
Taz,
 
We'll contact MoDOT this morning and let them know there is a problem.  I saw it today when I came to work.  The City does not control the light so we'll have to wait for MoDOT.
 
Thanks,
Kevin
 
Kevin S. Hillman
St. Robert City Attorney

250
It was Alan.  He will be giving the presentation on the 15th as well.  I hope folks come and tell us what they want.  The Mayor and the City Council are really trying to repond to what people are telling them they want.  If the park sales tax along with the elimination of the personal property tax is approved, there is a lot more than just an aquatics center/ new community center that we are looking at.  However, we need to know what people want.  We toured a number of facilities other cities have last summer so we have some ideas as to what is out there.
 
 

251
The forum is open to all who want to come and express their ideas for what you think is needed in the St. Robert park system and what you would like to see in a Community Center/Aquatics Facility if we are able to build one.  You are welcome to attend, even if you do not live in the City.  We realize that many of the folks who use the parks do not live in the city.
 
Kevin Hillman
St. Robert City Attorney

252
City Government Opinion / Re: SR police getting sued
« on: May 31, 2008, 03:11:21 AM »
SaintAnthony,

The lawsuit is proceeding in U.S. District Court in Springfield.  It is in the discovery phase.  It is set for trial in July 2009.

Kevin Hillman
St. Robert City Attorney

253
City Government Opinion / Re: What is TIF?
« on: May 14, 2008, 06:36:40 PM »
The movie theater would be in the redevelopment area where the old burned out motel is now in St. Robert.  Right now it is just a proposal, but it is in the plan.  There is about 100 acres of land in that area so more than enough for lots of businesses.  I feel your pain about the kids, I have two small daughters myself.

Kevin Hillman, St. Robert City Attorney

254
City Government Opinion / Re: What is TIF?
« on: May 14, 2008, 04:56:40 PM »
Rick, no the developer pays all of the costs of the plan.  He had to deposit $20k with the city before we would even start. 
The big issue in Rolla was that they were trying to force folks to move through emminent domain.  We are not doing that, and as a policy do not do that in St. Robert.  This is all voluntary by the owner.
As a fellow Shriner I have thought about whether we could do anything at the club.  A TIF would not work because the area would not meet the blight standards and the expense would be too great.  You are in the ballpark with $100k in expenses for the developer to set this up.  A CID could work but CIDs need a business that produces sales tax and the only business out there is our own club.  As such, we would be taxing ourselves.  The only benefit would be in the types of bonds we might be able to issue.  I still do not think it is economically feasable but I will do some more reasearch. 
I also want to clarify something that was incorrect in the paper.  The convention center would be built by the developer and not the city.  If anything, we are looking at a recreation center and aquatic center but I want to emphasize that we are merely laying the groundwork for the future.  If we don't lay the groundwork now, then we can never do it. Once we get this in place, we will probably see if the other cities want to cooperate.   Family entertainment is something that is being looked at very seriously for this area, and I can tell you a new movie theater is in the plans already.
Finally, I want to emphasize that the law enforcement tax has nothing to do with this plan.  I am sorry it is getting tied to this, but none of us here at the city even thought of it as we have been working through all of this.  We are simply trying to fix a bad area of St. Robert and make it into something that everyone can benefit from instead of the eyesore and hazard that it is now.
Hope that helps answer some of the questions.  Keep them coming as I want to make sure everyone knows what we are doing.
Kevin Hillman, St. Robert City Attorney

255
City Government Opinion / Re: What is TIF?
« on: May 14, 2008, 01:56:50 PM »
I agree that the developer gets an advantage under TIF, but he also is taking care of a blighted area that no one is going to fix without assistance.  Please keep in mind that Rolla, Lebanon, and the Lake area are waiting with the same type of proposals.  As such, if St. Robert does not stay competitive with those cities by offering incentives, we will lose the new development and that would hurt the exisiting businesses even more.  The Fields property as it exists now is hurting the city and all of the business on Missouri Ave because it is a blighted area.  It is the 1st thing folks see when they come off FLW.
The CID is not meant to help or hurt the Law Enforcement tax issue, we have been working this plan long before that debate came up.  Also, we were in this process when Waynesville came with the pool idea and we could not reveal where we were at that time because of this plan.  We are trying to put into place a mechanism that would allow us to have funding to do something everyone in the community seems to want.  You are right that a lot of things have to come together to make it work, but we are trying.
Again, if anyone wants to look at the plan or see what we are doing, please come by St. Robert City Hall and see me.  I am more than happy to show you.  I am glad that so many folks are interested in what we are doing.
Kevin Hillman, St. Robert City Attorney

256
City Government Opinion / Re: What is TIF?
« on: May 14, 2008, 04:15:37 AM »
I just wanted to clarify a couple of the comments on TIF financing.  You are right that TIF stands for tax increment financing.  It can generally be used only in a "blighted area."  I do not think there is any question that the Fields Hotel is considered blighted.  It does not abate the taxes for the new business coming into St. Robert in the redevelopment area.  The businesses still pay the same tax rate as all of the other businesses in town so there is no unfair advantage to the new business.  Instead, it funnels a portion of the newly generated property tax and sales tax back to the developer to reimburse him for clean-up costs and costs of the infastructure.  For example, if a property generates $100 in property tax before redevelopment and $1100 after redevelopment, that additional $1000 in new money is subject to TIF.  In the case of the proposed TIF in St. Robert, 75% would go back to the developer and 25% would be "passed through" to the city, county, schools etc.  In addition, 50% of the new sales tax would be subject to TIF as well.  In addition, there will be a CID or community improvement district added in this area.  This would levy an additional 1% sales tax in this area only and that money could be used to build an aquatic center if all goes well.  All of this is subject to what the developer is able to bring in.  If you have any questions about the TIF plan, please feel free to contact me.
Kevin Hillman, St. Robert City Attorney
573-451-2000 ext 1110 or khillman@saintrobert.com

Pages: « 1 2 3 4 5 6 7 8 9