Crystal Lake Park - October 09, 2006 Minutes

Crystal Lake Park

MINUTES

of the City of Crystal Lake Park, Missouri

Regular Meeting of the Board of Alderman

Monday, December 11, 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 (AP) Bonnie Taylor, Jim Gehringer, Jim Leonard and Sandy Spitzer.

City Officials: Present: City Clerk Lois LaDriere and City Attorney Steve McCandless.

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

ORDINANCES:

City Attorney McCandless introduced Bill No. 412, dealing with estate and yard sales, which had been revised following the last Board meeting. AP Gehringer made a Motion to read the bill by title for the first time, AP 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 explained the revisions that had been made. Mayor Balcer asked if anyone had any questions about the bill following which AP Spitzer recommended that SECTION 1. (4) of the bill should include a provision for signage to show people where to go. P&Z member Rita Brinkmann, who was at the meeting, asked if the number of signs could be limited to three and placed on the day of the sale only. McCandless amended the bill by adding at the end the verbiage in Section 1. (4) the following: other than three signs which may be posted only on the day of such sale. There being no further discussion, AP Spitzer made a Motion to approve Bill #412 as amended, which was seconded by AP Leonard, and approved. AP Gehringer then made a Motion to read Bill #412 by title only for the second time, which was seconded by Leonard, and unanimously approved. McCandless then read the bill by title only for the second time.

AP Spitzer then made a Motion to approve Bill #412, as amended, making it Ordinance #390, which was seconded by AP Leonard and unanimously approved as follows: Gehringer – aye; Taylor – aye; Spitzer – aye; and Leonard - aye.

McCandless then introduced Bill #417, a bill to adopt St. Louis County mechanical, electrical and plumbing codes. AP Spitzer made a Motion to read Bill #417 by title for the first time, AP Gehringer seconded the Motion, and it was unanimously approved by a vote as follows: Taylor – aye; Spitzer – aye; Leonard – aye; and Gehringer – aye.

McCandless then read the bill by title only for the first time.

AN ORDINANCE ADOPTING AND ENACTING THE ELECTRICAL, PLUMBING AND MECHANICAL CODES OF ST. LOUIS COUNTY AS AMENDED AS THE ELECTRICAL, PLUMBING AND MECHANICAL CODES OF THE CITY OF CRYSTAL LAKE PARK, MISSOURI.

AP Spitzer then made a Motion to read Bill #417 by title only for a second time, which was seconded by AP Leonard and unanimously approved. McCandless then read Bill #417 by title only for the second time.

AP Leonard made a Motion to approve Bill #417 as Ordinance #391, which was seconded by AP Spitzer, and unanimously approved by the following vote: Leonard – aye; Spitzer – aye; Taylor – aye; and Gehringer – aye. The bill was so approved.

McCandless then introduced Bill #418, an ordinance authorizing amendment of contractual agreement with St. Louis County. AP Spitzer made a Motion to read Bill #418 by title only for the first time, which was seconded by AP Gehringer. McCandless then read Bill #418 by title only for the first time.

AN ORDINANCE AUTHORIZING AMENDMENT OF AN EXISTING CONTRACTUAL AGREEMENT WITH THE COUNTY OF SAINT LOUIS, MISSOURI FOR THE PROVISION OF CODE ENFORCEMENT SERVICES.

AP Taylor made a Motion to read Bill #418 by title only for the second time, which was seconded by AP Gehringer, and unanimously approved. McCandless read the bill for a second time by title only.

AN ORDINANCE AUTHORIZING AMENDMENT OF AN EXISTING CONTRACTUAL AGREEMENT WITH THE COUNTY OF SAINT LOUIS, MISSOURI FOR THE PROVISION OF CODE ENFORCEMENT SERVICES.

AP Spitzer then made a Motion to approve Bill #418 as Ordinance #319, which was seconded by AP Leonard, and unanimously approved by a vote as follows: Gehringer – aye; Leonard – aye; Taylor – aye; and Spitzer – aye.

CITY OFFICIALS:

Financial Report: Next on the agenda was the presentation of the financial report. City Treasurer Bradley not being present, AP Leonard reviewed the financial reports previously distributed by Bradley with the Board. AP Spitzer questioned why the personal property tax was down $6,000 from the $9,000 amount reported at the same time last year. AP Leonard explained that the line item varied by month and it was hard to compare to prior years. He said that a full twelve month account for the year would better provide the real number for the year 2006. AP Leonard further reported that there was a need to keep any excess cash fully invested in either T-Bills or C.D.’s. On the 11/30/2006 Balance Sheet there appears to be at least $25,000 in excess cash at Reliance Bank which has a cash balance of $47,230. It was also noted that the Bank of America back account was still receiving funds from either the State of Missouri and/or St. Louis County. Thus at 11/30/2006 the Bank of America bank account had a balance of $9,000.

Planning and Zoning Commission Report: BC Lappe not being present, no report was given.

OLD BUSINESS:

A. Street Maintenance: AP Taylor stated that there were still unresolved issues due to the repaving of the streets, as well as the monies for repair that are being held in escrow. She also said that there were issues with contractors regarding bonds and permits. With respect to future street maintenance, she said that she had called three engineering firms and received two bids. She distributed information on the three firms which included contact information for CBB, and proposals and company information from URS and Horner & Shifrin, Inc. She noted that the proposals from the latter two were similar, but that Horner & & Shifrin, Inc., Inc.’s cost for phase one of the project was $10,000, while URS’ projected cost was $15,000 to $20,000. She added that she was impressed with Horner & & Shifron, Inc., Inc. as the company had been very responsive and had a good reputation. AP Taylor also stated that the good news was that she had been told by the firms that the City’s streets are in good condition. Attorney McCandless then stated that the Board should reserve further conversation on this topic for a private Board meeting because of the ongoing street project litigation.

Mayor Balcer then asked AP Taylor if she had been able to contact Stefan Cooke about a list of residents’ damages as a result of the street project. She replied that she had talked to Cooke about the matter but he had neglected to get back to her. AP Gehringer said that if the City provided a street engineer with basic information currently on file pertaining to the street problems then the cost would be less. Mayor Balcer also stated that he had attempted to contact Cooke earlier in the day but had not heard back from him. AP Spitzer stated that he thought the street engineer was supposed to tell the City how much money we should place in reserve to repair and maintain the City streets. AP Taylor and Attorney McCandless responded that both firms had included that information in their respective proposals.

City resident Susan Cooper who attended the meeting noted that it seemed like every time new construction occurs there are street problems. Her husband, Jim Cooper, added that the City has an ordinance that requires builders to make repairs in the streets within a reasonable time. AP Taylor stated that the City needed someone to provide oversight to ensure that builders make such repairs in a timely fashion. Mayor Balcer suggested that Cooke be notified that the holes on Oak Street needed to be repaired immediately. Attorney McCandless suggested that BC Lappe be notified first to see if he has already approached Cooke about the repairs. P&Z Commission member Crockett noted that the hole in Oak Street had been there for eight months and inquired as to who enforces the city ordinances in this regard. He added that he had been told that Frontenac Police were responsible for enforcement. Mayor Balcer responded that with respect to street and building issues, the City has appointed people who should be enforcing those ordinances. AP Taylor then suggested that the City separate into two jobs the Street & Park duties and appoint a new Street Commissioner. She added that that was the reason for her inviting resident Jim Cooper to the meeting. Mayor Balcer asked Cooper if he had an interest in doing the job, to which Cooper replied yes and that he had the time to do so since he is retired. Mayor Balcer responded by telling Cooper that the job was labor intensive. Cooper then asked how the City enforces street repairs by builders. P&Z Commission member Crockett replied that part of such enforcement is the responsibility of the P&Z Commission through permit fees and liens.

It was noted that there was a need for a list from the BC that details what is required of builders. Mayor Balcer stated that the City of Frontenac likely had such a list and recommended calling Matt Shelton. Attorney McCandless stated that someone needed to take on an administrative role in this process and suggested that the issue be placed on the January 2007 Board Agenda. P&Z member Rita Brinkmann volunteered to call Shelton. Mayor Balcer then stated that the City Clerk should be responsible for the collection of any fees and money from contractors. It was recommended that the process involve the contractor getting approval from the BC, who would then refer the contractor to the City Clerk for collection of all monies. Attorney McCandless said that the appointment of a Street Commissioner by the Mayor with consent of the Board should be placed on the January 2007 Board meeting Agenda. He further recommended that City Clerk LaDriere photocopy Section 115.120 of the Code Book regarding the role of the Street and Park Commissioner.

Mayor Balcer asked Cooper about his background and experience, to which Cooper replied that he is retired from McDonnell Douglas. Attorney McCandless said he would check to see if the City would need a new ordinance separating the roles of Street and Park Commissioner. AP Taylor then asked how the City should proceed with the hiring of a street engineer. Mayor Balcer indicated that he needed to talk with Cooke first. AP Spitzer said that he would like to have the street engineering firms appear before the Board of Alderpersons and make presentations outlining their experience and scope of services before the City pursued obtaining formal proposals from them. Susan Cooper then noted that she had recently met someone who worked for the Corps of Engineers who told her that the bridge on Country Club Drive over the lake is on their list as in need of repair. AP Spitzer stated that it had probably been 20 years since work had last been done on the bridge.

Mayor Balcer then asked if there were any other questions with respect to street maintenance. Resident Peggy Moser, who was in attended, responded that she would like to publicly thank AP Taylor for her assistance in moving forward the street repair issue.

NEW BUSINESS:

Mayor Balcer then told the Board that the minutes of the November 2006 meeting of the P&Z Commission would soon be distributed to them. He added that he had been asked by the Commission to discuss with the Board a Comprehensive Plan (CP) for the City. He said that the members of the Commission had recently attended a seminar and were told by the attorneys presenting that a CP would strengthen the City’s legal footing with respect to enforcing its ordinances. He then distributed CP’s for the cities of Glendale and Frontenac. He added that a plan is a process which involves public meetings and input, and stated it is then through this process that a CP is developed. He noted that the potential cost to hire a consultant to assist the City with such a plan would be $15,000 to $20,000. BoAdj Larson responded that he got the impression that the cost would be much less. AP Gehringer noted that all the City would need to address in a CP would be residential issues and perhaps park issues. He believed the cost could then be lowered to $5,000 to $10,000. BoAdj member Larson stated that a CP does not have to be too detailed or lengthy, to which P&Z Commission member Brinkmann said a CP seemed like overkill and that perhaps creating a Vision for the City would be sufficient. Attorney McCandless stated that he didn’t know the extent of detail that would be required in a CP or Vision statement that would be sufficient to legally protect the City. P&Z Commission member Crockett said that the City already had enough information obtained from the residents via a survey and information on the streets to serve as a basis for an inexpensive plan.

AP Spitzer suggested that the BC develop a proposal on a CP and include what he thought was essential to the City. AP Gehringer said that P&Z Commission Chairperson Dave Evans should develop the proposal with assistance from BC Lappe and BoAdj member Larson. Mayor Balcer then asked if there were any other issues under New Business. AP Gehringer noted that FEMA had contacted him asking how much monetary damage the City had incurred following the latest ice and snow storm. He noted that the City would not receive such monies in the future unless it became involved in the FEMA program.

Lastly, P&Z Commission member Crockett stated that the limbs on his pine trees on Country Club Drive had been cut and wondered if the City had asked that it be done. Both Mayor Balcer and City Clerk LaDriere stated that they had no knowledge of such work being performed by the City.

There being no further business, a Motion was by Alderperson Leonard to adjourn the meeting at 8:30 p.m. Motion passed unanimously.

Attorney McCandless then closed the meeting to the public and asked that roll call again be taken. City Clerk LaDriere took the roll call as follows: AP’s Taylor, Gehringer, Spitzer and Leonard being present, all replied aye. A discussion was then held which reflected the potential litigation with Southard.

A Motion was then made by AP Taylor to adjourn the closed session of the meeting, which was seconded and unanimously passed.

MINUTES RECORDED BY:_____________________________________________

City Clerk, Lois A. LaDriere

ATTEST:_____________________________________

Matt Balcer, Mayor

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