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MINUTES
Of the City of Crystal Lake Park, Missouri
Regular Meeting of the Board of Alderpersons
December 8, 2008
ROLL CALL:
Mayor and Alderpersons: Present: Mayor Bonnie Taylor, and
Alderpersons Kelly Larson, Phillip Bryant, Dennis Nahnsen and Jim
Gehringer.
City Officials: Present: Attorney Paul Martin (Martin) (on
behalf of City Attorney Howard Paperner), City Clerk Lois La Driere, City
Treasurer Diane Chand, Street Commissioner (SC) Jim Cooper, and Building
Commissioner (BC) John Littlefield. P&Z Chair Rita Brinkmann was also in
attendance in the audience.
Following roll call, Mayor Taylor asked for a Motion to approve the
evening’s Agenda. Martin asked to amend the Agenda to include a renewal of
the City’s contract with Frontenac for police, fire and ambulance
services. Alderperson Larson made a Motion to approve the amended Agenda
for December 8, 2008. Alderperson Bryant seconded the Motion, and it was
unanimously approved.
Next Mayor Taylor said that City Clerk La Driere had an announcement to
make. City Clerk La Driere informed the Board that she was resigning her
position as City Clerk and would be starting a new job at the first of the
coming year. She thanked all of the Board members, city administrators and
all those in attendance for their support during her tenure. The Board
thanked her for her service and offered her best wishes in her new
position.
Mayor Taylor then noted that a notice to residents had been mailed
concerning the election on April 7, 2009 of Alderpersons in Wards I & II.
She added that the City’s newsletter had also recently been sent to
residents containing that information, as well as other important items
concerning the City. She expressed thanks to Lisa Mason who had written
and distributed the newsletter.
Mayor Taylor said that the City Treasurer Protocol which had been approved
at the October 2008 Board meeting was in place and no ordinance would be
necessary. City Clerk La Driere distributed updated code book pages to
Board members, Martin and the BC, and noted that that those updates had
been included on the City’s website as well.
Mayor Taylor then made for a Motion to approve the November 2008 Board
minutes. A Motion was duly made by Alderperson Nahnsen, and seconded by
Alderperson Bryant, and the Board unanimously agreed to approve the
minutes of the November 2008 Board meeting.
ORDINANCE:
Martin introduced an ordinance authorizing him to serve as Co-City
Attorney with Howard Paperner. He informed the Board that he had recently
moved into an office sharing arrangement with Paperner and that Paperner
had asked him to assist in handling the City’s legal representation. He
proceeded to outline his background and expertise. Board members inquired
as to which services would be provided to the City by each of the lawyers
and Martin indicated that for now, he would be handling both the municipal
work and litigation matters. A Motion was then made by Alderperson Bryant
to read Bill #437 by title only for the first time. Alderperson Nahnsen
seconded the Motion and it was unanimously approved. Martin read Bill #437
by title only for the first time.
AN ORDINANCE APPOINTING, AUTHORIZING AND CONTRACTING WITH PAUL MARTIN
AS CO-CITY ATTORNEY FOR THE CITY OF CRYSTAL LAKE PARK, MISSOURI, AS
PROVIDED HEREIN.
Alderperson Bryant made a Motion for Bill #437 to be read for the second
time by title only and to be adopted as Ordinance #410. Alderperson Larson
seconded the Motion and it was unanimously approved.
AN ORDINANCE APPOINTING, AUTHORIZING AND CONTRACTING WITH PAUL MARTIN
AS CO-CITY ATTORNEY FOR THE CITY OF CRYSTAL LAKE PARK, MISSOURI, AS
PROVIDED HEREIN.
A Motion was then made by Alderperson Larson and seconded by Alderperson
Bryant to approve Bill #437 and adopt it as Ordinance #410. The
Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson
Larson - aye; Alderperson Nahnsen – aye; and Alderperson Bryant – aye.
Mayor Taylor then declared Bill #437, Ordinance #410 approved.
Mayor Taylor then introduced Bill #438, a bill to revise the City’s
current estate sale ordinance.
A Motion was made by Alderperson Gehringer and seconded by Alderperson
Kelly to read Bill #438 by title only for the first time. The Motion was
unanimously approved and Martin read the bill.
AN ORDINANCE AMENDING TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF
CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF COMMERCIAL
ESTATE SALES.
A discussion of the bill ensued with questions and comments by Board
members. A Motion was then made by Alderperson Bryant to amend Bill #438
per Martin’s recommendations by adding that that the bill is repealing
Ordinance #390, and also to add to Section 2.a. “not less than ten working
days prior to the sale.” Alderperson Larson seconded the Motion and it was
unanimously approved. A Motion was made by Alderperson Gehringer and
seconded by Alderperson Naunsen to read the amended Bill #438 by title
only for the second time. The Motion was unanimously approved and Martin
read the bill.
AN ORDINANCE AMENDING TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF
CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF COMMERCIAL
ESTATE SALES.
A Motion was then made by Alderperson Larson and seconded by Alderperson
Bryant to approve Bill #438 as amended and adopt it as Ordinance #411. The
Alderpersons voted as follows: Alderperson Gehringer - aye; Alderperson
Nahnsen – aye; Alderperson Larson - aye; and Alderperson Bryant – aye.
Mayor Taylor then declared Bill #438, Ordinance #411 approved.
Mayor Taylor introduced Bill #436 relating to the regulation of the use of
dumpsters in the City. She explained that during the construction of a new
home recently, the contractor had placed a dumpster partially on Oak
Drive. When the contractor was asked to move the dumpster entirely onto
the new home’s property, SC Cooper noticed that the weight of the dumpster
had caused damage to Oak Street. Bill #436 was written to better regulate
dumpster usage in the City and help prevent these kinds of issues, said
Mayor Taylor. A Motion was made by Alderperson Larson to read Bill #436 by
title only for the first time.
AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF
CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF CONSTRUCTION
DUMPSTERS.
Alderperson Bryant noted that language in Bill #436 referring to temporary
exterior storage was ambiguous and suggested that it be changed. Martin
agreed to amend Bill #436 by changing the language to construction
dumpsters in lieu of the other terminology.
A Motion was made by Alderperson Bryant to read Bill #436 as amended by
title only for the second time. Alderperson Larson seconded the Motion and
it was unanimously approved.
AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF
CRYSTAL LAKE PARK, MISSOURI RELATING TO THE REGULATION OF CONSTRUCTION
DUMPSTERS.
A Motion was then made by Alderperson Larson and seconded by Alderperson
Bryant to
approve Bill #436 as amended and adopt it as Ordinance #415. The
Alderpersons voted as follows: Alderperson Nahnsen – aye; Alderperson
Gehringer - aye; Alderperson Larson - aye; and Alderperson Bryant – aye.
Mayor Taylor then declared Bill #436, Ordinance #415 approved.
Martin introduced Bill #439 explaining that its passage would amend Title
V of the City Code regarding construction bonds. Alderperson Nahnsen made
a Motion to read Bill #439 by title only for the first time. Alderperson
Larson seconded the Motion and it was unanimously approved.
AN ORDINANCE AMENDING TITLE V OF THE MUNICIPAL CODE OF THE CITY OF
CRYSTAL LAKE PARK, MISSOURI RELATING TO CONSTRUCTION BONDS.
Board members discussed issues surrounding the bill including whether a
bond should be secured by contractors prior to the start of a project, and
whether that should be in the form of a bond or cash. Other issues
discussed included who collects the interest on the money. It was agreed
to amend Bill #439 as follows: In Section One, change new Section 500.050
to 500.060; change temporary exterior storage units to construction
projects; and delete Multifamily and nonresidential buildings. Board
members agreed to table the bill until the January 2009 Board meeting to
allow Martin to make changes to the bill.
Martin introduced Bill #440 regarding the City of Frontenac providing
municipal court services to handle the City’s nuisance issues and other
minor infractions. Martin explained that there will be no cost to the City
as Frontenac will reap court costs and fines related to those minor
infractions. In addition, the contract will amend the current arrangement
with Frontenac for inspections and permitting services to allow our BC to
handle the smaller permitting projects. A Motion was made by Alderperson
Bryant and seconded by Alderperson Nahnsen to read Bill #440 by title only
for the first time. The Motion was unanimously approved and Martin read
the bill.
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE
PROVISION OF MUNICIPAL COURT AND BUILDING INSPECTION AND PERMITTING
SERVICES.
A Motion was made by Alderperson Gehringer to read Bill #440 by title only
for the second time. Alderperson Larson seconded the Motion and it was
unanimously approved.
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE
PROVISION OF MUNICIPAL COURT AND BUILDING INSPECTION AND PERMITTING
SERVICES.
A Motion was then made by Alderperson Larson and seconded by Alderperson
Bryant to
approve Bill #440 and adopt it as Ordinance #412. The Alderpersons voted
as follows: Alderperson Gehringer - aye; Alderperson Nahnsen – aye;
Alderperson Larson - aye; and Alderperson Bryant – aye. Mayor Taylor then
declared Bill #440, Ordinance #412 approved.
Mayor Taylor said that at the January 2009 meeting, the Board would
discuss the Nuisance Regulation memo drafted by Martin, which outlines the
separate but related enforcement mechanisms of “administrative” and
criminal.”
Martin introduced Bill #441 which would renew the police, fire and
ambulance services contract the City has with the City of Frontenac for
2009. He explained that under the current ordinance, the contract had to
be renewed annually by ordinance. The bill would amend Ordinance #403 to
allow the City to establish a four year contract with Frontenac, subject
to annual approval by the Board of Alderpersons through the budgetary
process, thus no separate annual ordinance would be necessary. A Motion
was made by Alderperson Gehringer and seconded by Alderperson Nahnsen to
read Bill #441 by title only for the first time. The Motion was
unanimously approved and Martin read the bill.
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE
PROVISION OF POLICE, FIRE AND EMERGENCY MEDICAL SERVICES.
Alderperson Larson asked City Treasurer Chand about the annual cost of
those services that Frontenac provides the City. Chand replied that in
2008 the City paid $8,674 per month for those services and that in 2009
and all future years, the amount would increase by the same percentage
rate as the CPI index.
A Motion was made by Alderperson Bryant and seconded by Alderperson
Gehringer to read Bill #441 by title only for the second time. The Motion
was unanimously approved and Martin read the bill.
AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF FRONTENAC FOR THE
PROVISION OF POLICE, FIRE AND EMERGENCY MEDICAL SERVICES.
A Motion was then made by Alderperson Larson and seconded by Alderperson
Bryant to
approve Bill #441 and adopt it as Ordinance #413. The Alderpersons voted
as follows: Alderperson Gehringer - aye; Alderperson Larson - aye;
Alderperson Nahnsen – aye; and Alderperson Bryant – aye. Mayor Taylor then
declared Bill #441, Ordinance #413 approved.
CITY OFFICIALS:
Street Commissioner: SC Cooper said that two issues had arisen in
the City involving water flowing into the street and freezing. He said he
contacted the water company on both issues and that they had fixed a leak
in a pipe related to the problem on East Drive; however, he added, in the
process, they did a substandard job on patching the street afterwards. In
addition, the water company had marked the second problem area, but then
later removed the markings without correcting the problem. He said he
would continue to discuss both issues with them until the matters were
rectified.
SC Cooper mentioned the need to protect the City from problems arising
from utilities and contractors who cause damage to City property during
the course of their work. Martin advised that the City could require a
bond prior to any street cuts. In the interim, he added, SC Cooper should
continue to contact the water company to ensure they repair the damages.
He also said that SC Cooper could stop anyone doing street cuts until they
posted a bond with the City.
Financial Report: City Treasurer Diane Chand provided a verbal
report of the current Statement of Assets and Liabilities to Board
members, a copy of which report had previously been sent to Board members
for review.. She stated that the current balance in the City’s Reliance
bank account as of November 30, 2008 was $189,413.48 and that the amount
in the U.S. Bank money market account was $82,689.50. There were no
questions or corrections with regard to her reports.
2009 BUDGET:
City Treasurer Chand began a discussion of the City’s budget for 2009. She
noted that for 2009 she had increased the fees to the City of Frontenac
for emergency services by the same percentage as from 2007 to 2008 since
she did not yet know the CPI amount that Frontenac uses to set the costs
for services annually. She said that she was budgeting the same amount as
2008 for administrative costs, office expenditures, phone, insurance and
performance bond fee, while she was budgeting an additional $5000 in 2009
for professional fees. As in the past, an amount of $30,000 in the general
fund for street repairs would also be in the budget. Alderperson Nahnsen
asked how often the City sealed its streets and SC Cooper responded that
it should be done every three to four years, while Alderperson Gehringer
noted that the streets have been sealed only twice in the last 20 years.
SC Cooper, noting that East Drive should be patched and sealed next, said
that about $20,000 should be budgeted in 2009 for street maintenance.
Mayor Taylor asked Board members to review the budget and to be prepared
for a vote on it at the January 2009 Board meeting. Martin noted that a
Notice of a Public Hearing should be posted prior to the meeting.
There being no further questions or business before the Board, a Motion
was made by Alderperson Bryant and seconded by Alderperson Larson, to
adjourn the meeting and move to closed session for attorney-client
communications and personnel issues per RSMo 610.021.1 and 610.021.3. The
Motion was unanimously approved.
NEXT MEETING: It was announced that the next meeting of the Board
was scheduled for Monday, January 12, 2008.
MINUTES RECORDED BY:______________________________________________
City Clerk, Lois La Driere
ATTEST:_______________________________________________________________
Mayor/Presiding Officer
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