Crystal Lake Park

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MINUTES

of the City of Crystal Lake Park, Missouri

Regular Meeting of the Board of Alderman

Monday, November 13, 2006

Mayor Balcer welcomed the residents to the meeting and asked that roll call be taken.

ROLL CALL:

Mayor and Alderpersons:  Present:  Mayor Matt Balcer, and Alderpersons (ADP) Bonnie Taylor, Jim Gehringer, Jim Leonard and Sandy Spitzer.

City Officials:  Present:  Mayor Matt Balcer, City Clerk Lois LaDriere, City Treasurer Ann Bradley, City Attorney Steve McCandless, and Building Commissioner (BC) Robb Lappe, and Planning & Zoning (P&Z) Commission members Lee Crockett and Amy Cislo, as well as Board of Adjustment member Barry Larson.

Mayor Balcer asked for a vote to approve the Meeting Agenda for November 13, 2006.  ADP Leonard made a Motion to so approve, which was seconded by ADP Taylor, and subsequently approved.

Mayor Balcer welcomed Steven Rennekamp and Kenneth Pleimann, Jr., with the St. Louis County Dept of Public Works, to the meeting.  They had been asked by ADP Taylor to give a presentation on a Sewer Lateral Repair Program, which is run by their department.  Pleimann began the presentation by stating the program includes any sewer lines outside residents’ foundations to the main sewer.  He suggested that if the City chooses to participate in the program, it implement a $50 per year per resident fee since it is such a small municipality.  St. Louis County could operate the program, he said, or the City could operate the program itself.  In implementing the program, he noted, St. Louis County puts out for bid a sewer line repair proposal to select contractors, and also collects the money from residents’ fees.  One percent of the fee goes to the Department of Revenue, while nine percent goes to the St. Louis County Public Works Dept to operate the program, he added.  Rennekamp then stated that a licensed St. Louis County plumber is required to cable and camera the sewer line, at a cost to residents of about $225 to $350.  If the line is approved for the program, then the St. Louis County Dept of Public Works bids out the project.  The average completion time of the project is three to four weeks, he noted, and the average cost is $2900, which includes necessary yard and or street repair. 

Treasurer Bradley asked what would be a basis for declining excavation, to which Rennekamp replied, if it is ascertained that the line can be fixed by being cabled instead.  ADP Taylor inquired as to what would occur if more than one resident per year needed excavation.    Pleimann said that the City would then have to decide if it would pay for the entire second project; or, alternatively, any remaining funds in the program could be used for the second resident’s excavation, while that resident would be responsible for the remainder of the payment.  ADP Gehringer asked about the usual depth of excavation, to which Pleimann replied eight to twelve feet.  Gehringer noted that one resident on Lakeview recently had the excavation performed and the line was nearly 30 feet deep.  Rennekamp replied that the cost could then increase to double the usual amount.  ADP Gehringer noted that it appeared that only the buckled portions of the sewer pipe would be replaced, not the entire sewer line, to which Rennekamp said yes.  Mayor Balcer noted that the fees from residents would produce about $10,000 a year if the Willows section of the City was included.  It was suggested that the program be outlined in the next City newsletter.  ADP Taylor made a Motion to put the program up for a vote on the April 2007 ballot, which ADP Gehringer seconded.  A vote was taken with the results as follows:   Taylor – aye; Gehringer – aye; Spitzer – aye; and Leonard – aye; the vote passed unanimously.   

Next, a Motion was made by Mayor Balcer to approve the Board’s October 9, 2006 meeting minutes, which was seconded by ADP Leonard, and approved. 

City Attorney McCandless introduced Bill No. 412, dealing with estate and yard sales.  ADP Gehringer made a Motion to read the bill by title for the first time, ADP Leonard seconded the Motion, and a vote ensued as follows:  Gehringer – aye; Leonard – aye; Taylor – aye; and Spitzer – aye.  McCandless then read the bill by title for the first time.

AN ORDINANCE ESTABLISHING PROVISION RELATING TO GARAGE SALES, YARD SALES, ESTATE SALES AND RELATED SALES, PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES.

McCandless then explained that the ordinance would establish limits on the number of yard sales per year and raise the permit fee to $15.  In addition, he noted that with respect to estate sales, the ordinance would require a professional estate sale company be used, and the resident hosting the sale would need to obtain a license and pay a fee of $500 per day.  ADP Spitzer noted that the bill needed to state that out of the estate sale fee, the City would provide and pay for a police officer to handle the resulting traffic and parking issues.  In addition, he said, the bill should indicate that the fee for yard sales would be $10 for participation in the CLP community yard sale, and a $15 fee for hosting a private residential yard sale.  ADP Spitzer suggested that after those changes were made to the bill, a draft be posted for all residents to see before voting on the bill occurred.  Mayor Balcer asked if there was any other discussion on the bill, following which he made a Motion to table the bill to the December Board meeting, which was seconded by ADP Taylor and subsequently approved.

McCandless then introduced Bill No. 413, which would establish compensation of the City Clerk.  Before proceeding, ADP Leonard asked City Clerk LaDriere if she had kept track of her hours since the October meeting.  LaDriere indicated yes, and produced a copy of those hours.  ADP Leonard expressed his concern about the City’s finances being in the black annually and wondered why the City was spending so much money on administration.  He noted that the City budgets annually, yet then spends more than the budget allows.  He said that while he was in favor of the $20 per hour compensation for the City Clerk, he was still concerned about the City’s finances.  Treasurer Bradley noted that while this year’s compensation for City Clerk was high, it was due to the overlapping payment for a few months of compensation for both the incoming and outgoing City Clerks.  She stated that that would not longer occur in future years.  ADP Spitzer stated that the Board could approve the ordinance and change it later if they so desired.  ADP Leonard made a Motion to read Bill No. 413 as Ordinance No. 387 by title for the first time, ADP seconded the Motion, and the resulting vote followed:  Gehringer – aye; Spitzer – aye; Taylor – aye; Leonard – aye; following which McCandless read the bill by title for the first time. 

AN ORDINANCE ESTABLISHING COMPENSATION OF THE CITY CLERK.

A Motion was then made by ADP Gehringer to read Bill No. 413, for a second time by title, and seconded by ADP Leonard, following which the ADPs voted as follows:  Gehringer – aye; Spitzer – aye; Leonard – aye; and Taylor – aye.  McCandless read the bill by title for the second time.

AN ORDINANCE ESTABLISHING COMPENSATION OF THE CITY CLERK

A vote to approve Bill No. 413, Ordinance No. 387 followed:  Leonard – aye; Spitzer – aye; Taylor – aye; Gehringer – aye; and the bill was unanimously approved. 

McCandless then introduced Bill No. 414 which he stated involved street repair.  A Motion was made by ADP Gehringer to read Bill No. 414 for the first time, seconded by ADP Leonard, and approved by a vote as follows:  Gehringer – aye; Taylor – aye; Spitzer – aye; Leonard – aye.  McCandless then read the bill for the first time by title only. 

AN ORDINANCE AMENDING TITLE V: BUILDING AND CONSTRUCTION, OF THE CITY OF CRYSTAL LAKE PARK MISSOURI CODE BY ADDING NEW SECTION 505.070 REGARDING CONSTRUCTION PERFORMED UNDER MUNICIPAL ROADS AND STREETS; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES.

P&Z Commission member Lee Crockett noted that he did not read in the bill a specific time limit for completion of construction and necessary street repairs.  McCandless stated that the bill does allow for such a time frame.  In addition, BC Lappe noted that he can put an expiration date on construction permits.  Questions ensued as how to enforce street repairs in a timely fashion, to which Lappe replied that a contractor must contact the street or building commission and tell them when he will be excavating a street, following which he has thirty days post excavation to make any repairs.  Crockett asked if the Street Commissioner could withhold a portion of the bond for twelve months to ensure that street repairs remain fixed.  Mayor Balcer noted that our existing ordinance already addressed that question, and that the City just needed to enforce its existing ordinance to require a $100 permit fee and $2000 bond.  ADP Leonard asked if the city should increase the permit fee to $150 from $100.  ADP Gehringer suggested that the fee remain at $100 for now and that the Board could increase the fee at a later date if it deemed it necessary.  ADP Leonard made a Motion to read Bill No. 414 for the second time and to make Bill No. 414 into Ordinance No. 388, ADP Spitzer seconded the Motion, and the following vote ensued:  Gehringer – aye; Spitzer – aye; Taylor – aye; Leonard – aye.  McCandless then read the bill by title only for the second time. 

AN ORDINANCE AMENDING TITLE V: BUILDING AND CONSTRUCTION, OF THE CITY OF CRYSTAL LAKE PARK MISSOURI CODE BY ADDING NEW SECTION 505.070 REGARDING CONSTRUCTION PERFORMED UNDER MUNICIPAL ROADS AND STREETS; PROVIDING FOR THE CURRENT MAINTENANCE OF THIS CODE; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES.

A vote was taken to approve Bill No. 414, Ordinance No. 388, with the following results:  Gehringer – aye; Spitzer – aye; Leonard – aye; Taylor – aye.  The bill was unanimously approved.

Mayor Balcer then introduced Bill No. 415.  McCandless stated the Board should move the bill off Ordinance #390 and to the Old Business portion of the Agenda.  A Motion was made by ADP Leonard to do so, seconded by ADP Taylor, and unanimously approved.

McCandless then introduced Bill No. 416 regarding amending the City’s U.S. Bank Note.  A Motion was made by AD[ Gehringer to read the bill for the first time by title only, seconded by Taylor, and the following vote ensued:  Leonard – aye; Gehringer – aye; Taylor – aye; Spitzer – aye.  McCandless then read the bill by title only for the first time.

AN ORDINANCE AUTHORIZING THE MAYOR OF CRYSTAL LAKE PARK TO EXECUTE A THIRD AMENDED AND RESTATED PROMISSORY NOTE WITH U.S. BANK, N.A. IN THE ORIGINAL PRINCIPAL AMOUNT OF $100,748.52. 

McCandless then explained that this bill relates to the original note relating to the street project.  Leonard questioned the amount of the U.S. Bank note and a discussion ensued.  McCandless then advised that the Board pass the ordinance and have it executed by Mayor Balcer.  ADP Spitzer made a Motion to read the Bill No. 416 for a second time by title only and to approve Bill 416 as Ordinance No. 389, which was seconded by ADP Taylor, following which a vote of alderpersons ensued, as follows:  Gehringer – aye; Taylor – aye; Spitzer – aye; Leonard – aye.  McCandless then read the bill by title only for the second time.

AN ORDINANCE AUTHORIZING THE MAYOR OF CRYSTAL LAKE PARK TO EXECUTE A THIRD AMENDED AND RESTATED PROMISSORY NOTE WITH U.S. BANK, N.A. IN THE ORIGINAL PRINCIPAL AMOUNT OF $100,748.52. 

A vote was taken to approve the bill as follows:  Gehringer – aye; Taylor – aye; Spitzer – aye; Leonard – aye.  The bill was unanimously approved.

CITY OFFICIALS:

Financial Report:  Next on the agenda was the presentation of the financial report by City Treasurer Ann Bradley.  Bradley stated that the City had $67,676.92 in cash and $146,641.35 in inventory as of the end of October 2006.  She also noted that although Bank of America had been contacted and told to close the City’s account, it had not done so.  Bradley then asked the Board to approve the check detail for October, following which a Motion was made by Mayor Balcer, seconded by ADP Leonard to approve the check detail for October, and unanimously approved.

Planning and Zoning Commission Report:  BC Lappe reported that the majority of the Planning & Zoning Commission and Board of Adjustment members had attended an informative  seminar hosted by the St. Louis County Municipal League on planning and zoning issues.  He noted that a discussion of what was learned at the seminar occurred at the following P&Z meeting, at which it was decided that the City needed a comprehensive plan, which would ultimately strengthen the City’s building ordinances.  He indicated that at the December P&Z meeting, a planning consultant who had helped develop similar plans for the cities of Brentwood and Town & Country, would be assisting the City, free of charge, in developing its own plan.  Lappe also noted that at the November P&Z meeting, the Commission voted to place a moratorium on all new residential construction in the City from December 1, 2006 to April 1, 2007.  P&Z Board member Amy Cislo, who was also in attendance, summarized the recent resident survey results and announced that the survey responses would be distributed at the December P&Z meeting. 

Lappe also mentioned that leaf pick up in the City had begun.  ADP Spitzer reminded City Clerk LaDriere that the leaves in the Willows would be available for pick up in a few days and asked her to make arrangements with the contractor, Living Décor, to do so. 

ADP Taylor inquired as to whether or not placing a moratorium on residential construction in the City was legal.  Lappe responded that yes, it was legal, and noted that other cities had done so, too.  Taylor then asked Cislo if a presentation could be made concerning the final survey results to the Board of Alderpersons at the December meeting.  Cislo replied that a presentation would be made at the P&Z Commission meeting in December, and that the Board and the public were all invited to attend. 

ADP Gehringer then asked if the storm sewer in the City’s park could be covered by a grate to insure safety.  Mayor Balcer replied that none of the City’s sewers had grates on them.  Lappe further explained that the grates prohibited the flow of water into the sewers as the grates blocked debris, inhibiting the flow of water.  Lastly, Lappe noted that the Street & Park Commissioner would be planting bulbs in the park this weekend and announced that a bulb planning party would occur.  He encouraged all to assist in the bulb planting process.

OLD BUSINESS:

A.  Street Maintenance:  Mayor Balcer reported that he had spoken to City Attorney Human who would be providing the name of a street engineer he was referring, and would forward that name to ADP Taylor who had volunteered to handle the street maintenance issue.  ADP Taylor noted that the City had yet to repair resident Moser’s driveway, although Moser had made repeated requests for the City to do so.  ADP Leonard noted that his driveway has been in need of similar repair since 2003, but that the City had placed repair monies into a fund which is being held in escrow during a lawsuit settlement process.  City Attorney McCandless indicated that Human’s notes stated that the City should hire an engineer to view all of the City’s streets before making any repairs; otherwise, he noted, if the lawsuit goes further, then the City would be destroying evidence in the case.  Taylor reiterated that the City could not wait for settlement of the lawsuit to fix Moser’s driveway and sidewalk because winter was coming and the icy driveway would create a potential hazard to Moser.  Mayor Balcer indicated that the City would not repair the sidewalk, only the portion of her driveway for which the City is responsible.  ADP Leonard reiterated that any money to do repairs is tied up in litigation and, until the lawsuit is resolved, no repairs should be made to any residents’ properties. 

Treasurer Bradley asked if the City could use the money in escrow to make the repairs to residents’ properties.  City Attorney McCandless replied that he expected the case to move forward soon, and hopefully be resolved, freeing up that money for repairs.  Mayor Balcer noted that the City does not have anyone to administer and supervise the award of monies for repair, nor which residents should receive repairs.  ADP Leonard stated that if the City repaired Moser’s driveway, it should repair all of the residents’ properties in need of repair at the same time.  Treasurer Bradley then asked if the City should hire former ADP Cooke as a consultant to administer the repair program.  A discussion ensued and it was decided not to hire Cooke.  ADP Gehringer asked if Cooke had compiled a list of the approximate costs for the repairs as a part of the lawsuit and, if so, suggested the City obtain the list from the City Attorney. Mayor Balcer indicated that he was aware of four or five residents needing driveway repairs and a number of residents in need of lawn repairs.  In addition, all of Divot Drive needed to be resurfaced and some curbs in the City, too, as a result of cracking.  ADP Gehringer noted the safety issue with respect to Moser relative to her driveway.  He suggested that the City repair her driveway now and wait to fix her other repairs, and those of the other residents until spring of 2007.  He reiterated that the City needed to get the standing water off her driveway as soon as is possible. 

ADP Taylor stated that she would need the name of a street engineer and a list of those residents who need repairs.  ADP Spitzer suggested that ADP Taylor contact the City of Frontenac to obtain a referral of an engineer.  ADP Spitzer recommended that the City inform Moser that the issue would be further discussed at the Board’s December meeting.  ADP Leonard stated that the City should obtain a bid on removing the standing water only.  If Moser requires further repairs, he said, she would need to wait until such money was available to the City to do so.  City Attorney McCandless then recommended that the Board vote on a maximum amount the City would pay to fix the standing water issue.  ADP Taylor provided the Board with Moser’s estimates for the driveway and other repairs.  ADP Spitzer made a Motion to approve repairing the driveway to eliminate the standing water only, following which Moser should sign a complete release of liability to the City.  No one seconded ADP Spitzer’s Motion and ADP Leonard stated that the City should fix all residents’ properties at the same time.  ADP Taylor asked if ADP Leonard would walk through the CLP neighborhood to identify what repairs would be needed and he agreed to do so.  There being no further discussion, the matter was closed.

 NEW BUSINESS: 

None.

 There being no further business, a Motion was by Alderperson Leonard to adjourn the meeting at 10:15 p.m.  Motion passed unanimously.

MINUTES RECORDED BY:_____________________________________________

                                                            City Clerk, Lois A. LaDriere

 ATTEST:_____________________________________                                          

         Matt Balcer, Mayor