Commissioners May Reconsider Three Creeks Village The efforts of a group of landowners to incorporate about 2,500 acres in southern Warren County as a village may not be at a dead end.

By: Charlie Denn
Posted 10/9/08

Two landowners and Warrenton attorney Tim Joyce, who represents the group, met with Warren County commissioners Monday and asked them to reconsider their decision to not call a special election on …

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Commissioners May Reconsider Three Creeks Village The efforts of a group of landowners to incorporate about 2,500 acres in southern Warren County as a village may not be at a dead end.

Posted

Two landowners and Warrenton attorney Tim Joyce, who represents the group, met with Warren County commissioners Monday and asked them to reconsider their decision to not call a special election on the village issue. The landowners want to incorporate several large tracts of farmland near the Washington Regional Airport into a village, which would be known as Three Creeks Village. None of the property owners live on the land that they want to incorporate. They contend the effort is to ensure the property will remain agricultural farmland in the future. Joyce cited a recent situation in Jefferson County in which county commissioners voted to allow a village incorporation by a group of landowners under statute RSMo 72.060, passed in 2007 and commonly referred to as the Jetton Statute. The statute allows groups of under 100 residents to vote to incorporate their property into a village without being required to provide basic services such as water, sanitation and road maintenance. That statute, however, was repealed Aug. 28. "I wish I would have known about Jefferson County when we initially approached you (commissioners)," Joyce said Monday. The commissioners said they initially favored allowing the issue to be placed on the Nov. 4 general election ballot when first approached by Joyce and the landowners on Aug. 21. But after consulting with county attorney Jay Levitch, of the St. Louis-based Stoller Partnership on Aug. 26, the commissioners rejected the landowners' petition by a 2-1 vote. Presiding Commissioner Arden Engelage and Northern District Commissioner Jim Logan voted against placing the issue on the ballot. Southern District Commissioner Randy Lewis still supported the issue. "Mr. Levitch advised us that he didn't believe the petition was valid and likely could be contested in court," explained Engelage. "Based on that opinion, we elected not to allow the issue to be placed on the ballot." "I think the county needs to take a hard look at what your attorney said," Joyce noted Tuesday. "Before the 28th (of August), we had the proper petition and your unanimous support. "Plus this thing is picking up steam," Joyce continued. "We're getting more calls on this issue every day." The commissioners took no formal action after Monday's meeting, although they did not rule out the possibility of further consideration. Instead, they recommended Joyce contact commissioners and attorney Dennis Kehm, legal counsel for Jefferson County, to learn the parameters of how they authorized the incorporation. Joyce also said he had explored RSMo. 80.020, another statute which allows residents of an area to petition for incorporation as a village. The Warren County villages of Innsbrook and Pendleton were created under that statute. "But 80.020 is a loser," said Joyce. "It would require specific public services, plus the establishment of a board of four trustees and a mayor." The landowners said they are still interested in moving ahead with their plans to turn their property into a village. "All we want," said property owner Charles Schroepfer, "is to assure that we can maintain our family farms." Joyce said if the commissioners eventually do decide to allow a special election on the incorporation proposal "we would be very much in favor of that idea. "We'd be willing to hold an in-person vote in the (county) clerk's office," Joyce explained. "Or we could do it with absentee ballots." "Whatever we do, we want to make sure our decision will stand up," said Engelage. "If you ignore Jetton and go back to the original 72.060, it says that you need the permission of the commissioners to create a village," Joyce said. "And our intent was never to circumvent the county on this issue."


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